Home > Uncategorized > Case Law Review: Interfering with a Peace Officer

Case Law Review: Interfering with a Peace Officer

Interfering with a Peace Officer (ORS 162.247), prohibits conduct when someone “intentionally acts in a manner that prevents, or attempts to prevent, a peace officer from performing the lawful duties of the peace officer with regards to another person.”  ORS 162.247(1)(a).  As applied, the question is whether or not this conduct is extended to speech?  In State vs. Brent Wai Lam, 176 Or. App. 149 (2001), the Court of Appeals held that “the statute was not intended to reach speech alone.”  In support of it’s decision the Court relied heavily on the legislative history of the bill’s sponsor, Representative Floyd Prozanski, who’s testimony provided, “I want to make clear that the intent, my intent, is not to limit speech.  It’s to deal with the physical contact, or I should say, conduct of an individual.”  Id. at 155.

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