On May 1, 2009, Petitioner, Gerald Thomas Titus, Jr., was convicted by a jury in the Circuit Court for Carroll County of obstructing and hindering, driving under the influence of alcohol per se, driving while impaired by alcohol, and giving a
Was the evidence that Petitioner gave a false name to a police officer during a traffic stop sufficient to convict him of obstructing or hindering a police officer in the performance of his duty?
We answer this question in the negative. In cases involving the common law offense of obstructing and hindering a police officer in the performance of his duty, Maryland courts have adopted a four-part test requiring proof beyond a reasonable doubt of the following elements: (1) a police officer engaged in the performance of a duty; (2) an act, or perhaps an omission, by the accused which obstructs or hinders the officer in the performance of that duty; (3) knowledge by the accused of facts comprising element (1); and (4) intent to obstruct or hinder the officer by the act or omission constituting element (2). Cover v. State,
FACTUAL AND PROCEDURAL BACKGROUND
On July 9, 2008, Corporal Mario Devivio (Devivio), of the Carroll County Sheriffs Department, was on routine patrol at approximately 10:45 p.m. when he observed the operators of two motorcycles traveling parallel with each other in the southbound lane on Littlestown Pike. Devivio was traveling behind the motorcycles and observed one of them cross the double yellow line by five feet numerous times. Devivio then proceeded to perform a traffic stop of the operator of that motorcycle.
After Devivio initiated the traffic stop, he ran the vehicle information and found that it was registered to Gerald Thomas Titus, Jr. Devivio approached the driver of the motorcycle, who he identified at trial as Petitioner. When Devivio informed Petitioner of the purpose of the stop and requested his license and registration, Petitioner handed Devivio a Florida driver’s license with Petitioner’s picture and the name Frederick John Karr, Jr.
Devivio testified that he first administered the horizontal gaze nystagmus test by explaining it to Petitioner and then having him perform the test. At the conclusion of the first test, Devivio testified that Petitioner “indicated six out of six clues,” which was an indicator that Petitioner was “under the influence of an alcohol, drug, or prescription drug.” The next test administered by Devivio was the walk and turn test. Before the test had begun and while Devivio was explaining how to perform it, Petitioner “stepped off fine, [and] raised his arms for balance.” During the test, Petitioner raised his arms for balance, missed one of the initial steps, took too many steps on his approach back, and failed to count his steps out loud. Finally, Devivio administered the one-leg stand test. Petitioner attempted to begin the test before being instructed to do so, and while performing the test Petitioner initially failed to raise his foot high enough and put his foot down several times during the test. As a result of Petitioner’s performance on the tests, Devivio placed Petitioner under arrest.
Devivio transported Petitioner to the Carroll County Sheriffs Office Detention Center and read to him an advisement of rights form, explaining to Petitioner his “rights prior to tak[ing] ... a breath test.” Petitioner agreed to take a breath test and signed the name “Frederick Karr” on the form. Corporal Jesse Clagett (Clagett), an intoximeter operator employed by the Westminster City Police, testified that he was working on the night of Petitioner’s arrest. While being questioned on direct examination regarding the function of an intoximeter, Clagett agreed that it was used to determine “how much alcohol a person has in his system[.]” Clagett identified Petitioner at trial as the person to whom he administered a breath test on the evening of July 9, 2008. Pursuant to department procedures, Clagett checked Petitioner’s mouth to “make sure there [were] no contaminants,” and he located a dime that had been concealed in Petitioner’s mouth. Clagett then instructed Petitioner to spit out the coin, and Clagett began the twenty-minute observation period over again before administering the test. Clagett explained the test to Petitioner before obtaining two samples from him, the results of which were .09 grams of alcohol per 210 liters of breath, which is above “the legal limit for DUI” in Maryland. The name at the top of the notification of the test results, which was admitted into evidence at trial, is “John Karr Frederick, Jr.,” and Clagett testified that he witnessed Petitioner sign the bottom of the notification form.
On August 26, 2008, an unrelated search warrant was executed at Petitioner’s residence, and Devivio was present as an “assisting officer.” Devivio testified that during the execution of the search warrant, he saw Petitioner, who Devivio identified at trial as the same person he arrested at the traffic stop. Devivio claimed that at some point after the night of the traffic stop, “another officer came to [him] and said that ‘The person you arrested [ha]s an alias.’ And he had prior knowledge of [Petitioner], [he] gave me his real name.” Later in his testimony on cross-examination,
Petitioner was convicted by a jury of obstructing and hindering,
DISCUSSION
A. Standard of Review
This Court reviews an issue regarding the sufficiency of the evidence in a
B. Common Law Offense of Obstructing and Hindering
In Maryland, obstructing and hindering a law enforcement officer in the performance of his duty is a common law offense. See Cover v. State,
In Cover v. State,
(1) A police officer engaged in the performance of a duty;
(2) An act, or perhaps an omission, by the accused which obstructs or hinders the officer in the performance of that duty;
(3) Knowledge by the accused of facts comprising element (1); and
(4) Intent to obstruct or hinder the officer by the act or omission constituting element (2).
Cover,
The first element that must be proved by the State, at trial, beyond a reasonable doubt is that there was a police officer engaged in the performance of a duty at the time of the offense. In examining what actions constitute the performance of a “duty,” the court in Lamb v. State,
The second element of the offense is an act or omission that obstructs or hinders an officer in the performance of a duty. This element requires proof of “how [a defendant’s] act
In holding that the State’s evidence was insufficient to convict the defendant of obstructing and hindering an officer, this Court in Cover cited with approval the reasoning adopted by the court in Hinchliffe v. Sheldon, [1955] 3 All E.R. 406 (D.C.) at 408, which defined “obstructing” as an act or omission “making it more difficult for the police to carry out their duties.” Cover,
Based on the language of the discussion in the foregoing authorities, we look to the meaning of several key words and phrases as defined in both legal and general purpose dictionaries. Black’s Law Dictionary defines “obstruction of justice” generally as “[interference with the orderly administration of law and justice[.j” Black’s Law Dictionary 1107 (8th ed. 2004); see also Bryan A. Garner, A Dictionary of Modem Legal Usage 611 (2d ed. 1995) (defining “obstruction of justice” as “interference with the orderly administration of law”). Black’s Law Dictionary defines the word “obstruction” as “[t]he act of impeding or hindering something; interference.” Black’s Law, supra, at 1107. As defined by Webster’s Dictionary, the meaning of the word “obstruct” includes “[t]o impede, retard, or interfere withf.j” Webster’s II New College Dictionary 773 (3d ed. 2005). The word “hinder” is defined by Webster’s Dictionary as “t[o] impede or delay the progress of.” Webster’s, supra, at 536.
The third element of the offense of obstructing and hindering is knowledge by the accused that he or she is being confronted by an officer in the performance of a duty. In proving this element, “[mjere knowledge that the person allegedly hindered was a police officer does not suffice; there also must be knowledge that the officer was engaged in performing police duties when hindered.” DiPino v. Davis,
The fourth element of the offense is an intent on the part of the accused to obstruct or hinder the officer in the performance of his or her duty. In the case of Attorney Grievance Comm’n v. Sheinbein,
C. Analysis of the Instant Case
Petitioner argues that the evidence presented at trial was insufficient to sustain his conviction for obstructing and hindering an officer in the performance of his duty. Petitioner’s argument focuses on the second element of the offense, which Petitioner claims requires that the officer be actually obstructed or hindered in the performance of his duty. Petitioner maintains that “[ajlthough [he] provided Devivio with a false name, at no time was Devivio obstructed or hindered in performing his duty.” In making this argument, Petitioner construes the officer’s duty as
Petitioner cites several cases in support of his position that actual obstruction or hindrance of an officer is required to sustain the offense, including In re Antoine H.,
In contrast to Petitioner’s claims, the State argues that there was actual obstruction. In making this argument, the State asserts that “[t]he fact that Titus was eventually brought to justice does not mean that the lawful duties of the police were not actually obstructed or hindered by his obfuscation of his identity and his lies to the officer....” Rather, the State maintains, because Petitioner provided a false name, Devivio was prevented from discovering through a records check at the time of the stop that Petitioner was driving with a suspended and revoked license, as well as other details regarding Petitioner’s past criminal history that “could have affected Corporal Devivio’s decision-making with regard to possible charging and pre-trial detention of [Petitioner].” Because of Petitioner’s actions, Devivio was under the mistaken belief for some amount of time following the traffic stop that Petitioner was Karr, not Titus.
The State cites several cases from other jurisdictions which reach the conclusion that the statutory offense of obstructing and hindering could be proven in a situation where a defendant’s actions make it more difficult for an officer to perform his or her duties. See Rumph v. State,
In the alternative, the State contends that the four-part test announced in Cover is limited to circumstances involving positive indirect obstruction, or obstruction involving actions of third parties. In support of this position, the State quotes from our opinion in Cover, discussing positive indirect obstruction, in which we stated that “where the alleged hindering is as indirect as that presented here, we cannot conclude that the crime may be based
On appeal to the Court of Special Appeals, Petitioner challenged the sufficiency of the evidence in supporting his conviction for obstructing and hindering an officer in the performance of his duty. In affirming Petitioner’s conviction, the intermediate appellate court distinguished Antoine H. and Nieves, two of the cases relied upon by Petitioner in this case. The court held that the facts of Petitioner’s case are unlike those in Antoine H. and Nieves because the actions taken by Petitioner do not constitute “a short-lived disruption of a police investigation.” In addition, unlike the defendant in Nieves, Petitioner provided a false name to Devivio. The Court of Special Appeals went on to conclude that all of the elements of the offense were satisfied because Devivio was clearly a police officer engaged in the performance of a duty, Devivio was obstructed or hindered in the performance of that duty, and Petitioner acted “with knowledge and intent to obstruct Corporal Devivio in the lawful performance of his duties.” The court further held that key evidence presented at trial indicating that Petitioner told Devivio that Titus was his roommate and that Petitioner provided a Florida driver’s license with a false name “establishe[d] a more than sufficient basis from which a rational fact-finder could have concluded that [Petitioner] intended to [and did] deceive Corporal Devivio about his true identity.” We disagree with the Court of Special Appeals, and we hold that the element of actual obstruction was not satisfied by the evidence presented by the State at trial.
It was also reasonable for the jury to find, beyond a reasonable doubt, that Petitioner had the intent to obstruct or hinder Devivio in the performance of his duties. This intent can be gleaned from Petitioner’s actions in light of his knowledge that he was interacting with a police officer performing a traffic stop. Devivio testified at trial that when he asked Petitioner for his license and registration, Petitioner handed him a Florida driver’s license with Petitioner’s picture and the name “Frederick John Karr, Jr.” After being questioned by Devivio regarding ownership of the motorcycle, which was registered in the name of Gerald Titus, Petitioner replied that “Gerald Titus was his roommate, and he was borrowing the motorcycle.” These facts reasonably give rise to the inference that Petitioner intended to obstruct or hinder Devivio in the course of the traffic stop and subsequent investigation.
The main contention between the State and Petitioner is the element of the offense of obstructing and hindering that requires actual obstruction or hindrance of an officer in performing his or her duties. While the State contends that this element of the four-part test announced in Cover is inapplicable to the instant case, Maryland case law has consistently held that the four-part test, including the element of actual obstruction or hindrance, is applicable to the common law offense of obstructing and hindering a police officer. See Sheinbein,
To perform an analysis of whether the evidence adduced at trial is sufficient to support a finding of actual obstruction or hindrance of an officer in the performance of his duties, it is necessary to determine the scope of an officer’s duty in the particular circumstances presented by each case. Petitioner asserts that Devivio’s duty was to perform the traffic stop and to arrest Petitioner if he had probable cause to do so. Petitioner’s argument, however, defines the scope of Devivio’s duty during the traffic stop and the subsequent arrest and investigation too narrowly. The investigation of the matter did not end when Petitioner was arrested. Rather, at some point after the traffic stop, Devivio was required to perform some action to officially charge Petitioner with the offenses committed. This part of Devivio’s duty would certainly include filing criminal charges against the person actually responsible for committing the offenses. Thus, it is appropriate to analyze the issue of actual obstruction in light of this view of the officer’s duties.
In applying Maryland case law, guidance from various treatises, and applicable dictionary definitions that help to construe the common law, we hold that the evidence presented by the State at trial was not sufficient to prove beyond a reasonable doubt that Devivio was actually obstructed or hindered in the performance of his duties. From our reading of the record, Devivio’s actions after the traffic stop were, at best, uncertain. If Devivio did take additional steps in response to information from Shippee that Petitioner had given him a false name or had used an alias, these steps are unclear. Devivio testified on cross-examination that he looked through MVA records and found a picture of Petitioner, which he used to determine that Petitioner had given him a false name on the night of the stop. There is no indication in the record, however, of how this new information impacted the investigative process, much less how it obstructed or hindered the investigative process. Devivio simply stated that “after further investigation,” he determined that Petitioner had used an alias during the traffic stop. There is no indication in the record, however, of what that investigation entailed. There is no clear testimony regarding how Devivio was “impede[d],” how the progress of his investigation was delayed, or the manner in which Petitioner’s
The State speculates that Devivio may have acted differently in conducting the traffic stop had he been aware of Petitioner’s true identity and been able to discover the status of Petitioner’s license and his criminal history. There is no testimony from Devivio, however, regarding how information about a vehicle operator’s driving record or criminal history would impact a traffic stop generally, or how Petitioner’s driving record and criminal history specifically would have altered his approach on the evening of July 9, 2008. In addition, it is unclear from the record what steps, if any, Devivio took to correct the error of presumably having charged the crimes committed by Petitioner under a different name. Devivio testified only that he “didn’t go back and recharge [Petitioner].” It would be unreasonable to conclude that a reasonable jury could make the inference that the charging document was amended, rather than re-filed, if that was in fact the case. If this Court is unable to surmise the course of Devivio’s actions in his investigation of Petitioner based on the evidence in the record, surely the jury could not have made a finding beyond a reasonable doubt based on the facts and evidence presented at trial as to what actions Devivio did or did not perform.
It was the State’s burden to prove beyond a reasonable doubt that Petitioner committed the offense of obstructing and hindering a law enforcement officer. To meet this burden of proof, the State should have introduced evidence at trial to show how Petitioner’s conduct actually obstructed or hindered that investigation. By failing to even question Devivio about how he was actually obstructed or hindered in performing his duties, or to establish the manner and degree of obstruction or hindrance, there was insufficient evidence presented at trial for the trier of fact to conclude that Petitioner’s conduct actually obstructed and hindered Devivio. In the absence of any testimony from Devivio, or other evidence presented by the State, regarding how Petitioner’s actions actually obstructed or hindered Devivio in the performance of his duties, Petitioner’s conviction for obstructing and hindering a law enforcement officer must be reversed.
JUDGMENT OF THE COURT OF SPECIAL APPEALS IS REVERSED; CASE REMANDED TO THAT COURT WITH DIRECTIONS TO REVERSE THE JUDGMENT OF THE CIRCUIT COURT FOR CARROLL COUNTY. COSTS IN THIS COURT AND IN THE COURT OF SPECIAL APPEALS TO BE PAID BY CARROLL COUNTY.
Notes
. The jury acquitted Petitioner of the charges of use of a false government identification document, driving under the influence of alcohol, driving with a revoked license, driving with a suspended license, and failure to drive right of center.
. During cross-examination, Devivio testified that he did not make a copy of the Florida license that was displayed by Petitioner on the night of the traffic stop.
. Petitioner was initially charged by Criminal Information with two counts of obstructing and hindering. Count 8 charged him with obstruction of "Deputy Devivio,” the officer who performed the traffic stop, and Count 9 charged him with obstruction of "Corporal Clagett,” the officer who administered the breathalyzer test. At trial, these offenses were renumbered as Counts 1 and 2. During trial, the State presented evidence that Petitioner gave Devivio a false name and that Petitioner had a dime concealed in his mouth before the breathalyzer test began. At the conclusion of the State’s case-in-chief, defense counsel moved for judgment of acquittal on both counts of obstructing and hindering. The court denied the motion at that time, and again denied the motion when it was renewed at the close of all of the evidence. After the jury had been instructed and had retired to commence deliberations, however, the judge noted on the record, "[Wjhile conducting a meeting with counsel in chambers for the jury instructions, I reconsidered my decision, and granted the motion as directed verdict as to one count of common law offense of obstructing and hindering[.j” With regard to which count of obstructing and hindering was before the jury in rendering its guilty verdict, the Court of Special Appeals ultimately concluded:
Based on our review of the record, including the docket entries, the criminal information, opening statements and closing arguments, the court's instructions, the court’s action of merging the false name charge into the obstruction and hindering charge at sentencing, as well as [Petitioner’s] arguments in this [c]ourt, we are persuaded that the jury found [Petitioner] guilty of obstructing and hindering Corporal Devivio on the date of the traffic stop by giving the name Frederick John Karr, instead of Gerald Thomas Titus.
We agree with the determination made by the intermediate appellate court, and we note that both the State and Petitioner in their Briefs to this Court focused on the facts surrounding the traffic stop and subsequent investigation by Devivio in their arguments regarding sufficiency of the evidence for Petitioner's conviction of obstructing and hindering. We therefore limit our analysis to those facts and the charge of obstructing and hindering that resulted from Petitioner giving to Corporal Devivio the name Frederick John Karr, instead of Gerald Thomas Titus.
. This Court and the Court of Special Appeals have similarly held in other cases that the evidence presented by the State at trial was insufficient to support a conviction for obstructing and hindering an officer in the performance of his duty in situations where the State failed to show that the officer was actually obstructed or hindered in the performance of his duty. See, e.g., DiPino v. Davis,
. While the State asserts that the category of obstructing and hindering exhibited in the instant case is positive direct obstruction, Petitioner's actions would, in fact, fall more appropriately under the category of passive direct obstruction. Because the State seems to suggest that the relevant distinction is between direct and indirect obstruction, however, a mis-characterization by the State of the offense in the instant case does not appear to change the State’s position, and it does not charrge our analysis.
. For purposes of this discussion, we note that the conduct of Petitioner during the traffic stop would fall under the category of passive direct obstruction, which was defined by Lidstone as encompassing "the situation in which the constable seeks to make the citizen act directly, and the citizen refuses or fails to act as required.” K.W. Lidstone, Offence of Obstruction: Obstructing Freedom?, [1983] Crim. L.R. 29, 30.