Posts tagged with "legitimate interests"

Defendant’s Refusal to Comply with Officer’s Legitimate Identification Request Constituted Interference with the Officer’s Duties

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In a criminal law matter, the Supreme Court of Connecticut reversed the Appellate Court’s decision to vacate a criminal defendant’s conviction for interfering with a police officer, because the State provided sufficient evidence of the essential elements.

Case Background

This case arose from an incident that occurred on August 14, 2002. The defendant had a history of trespassing on a business’ property, and an employee discovered the defendant apparently tampering with pumping equipment. The defendant urged the employee to call police, and when they responded, an officer asked the defendant to identify himself. Immediately, the defendant failed to do so, claiming that “he did not need to produce identification, that he was on public property and that ‘this isn’t Russia. I’m not showing you any [identification].’”

The defendant was arrested and subsequently convicted of interfering with a police officer in violation of Connecticut General Statutes § 53a-167a, as well as other charges. When asked how the State provided sufficient evidence, the court responded that police were “acting within the scope of their duties in investigating the defendant’s alleged trespass,” and the defendant knew why he was being asked for identification.

Insufficient Evidence

On appeal, the defendant argued that the State provided insufficient evidence that he hindered the investigation by failing to promptly identify himself, and that his conduct was outside the scope of § 53a-167a. The State countered that the statute prohibits both verbal and nonverbal conduct calculated to interfere with the completion of an officer’s duties. In addition, the State contended that “a refusal to comply with a legitimate police request is equivalent to interfering with an officer,” thus there was sufficient evidence to convict.

The Appellate Court agreed with the defendant and overturned his conviction. The State appealed this ruling, arguing that where a police officer makes “a legitimate investigatory stop under Terry, the person subject to the Terry stop must honor the officer’s reasonable demand for identification.” It stated that in this case, the officer had reasonable suspicion that the defendant was engaged or had engaged in criminal activity, and his refusal to promptly identify himself “provided a sufficient factual basis for the defendant’s conviction.”

Interfering with a Police Officer

Upon review of the statute, the Supreme Court noted that the words used are broad in scope, indicating that the legislature “intended to prohibit any act which would amount to meddling in or hampering the activities of police in the performance of their duties.” The Court agreed with the State that a refusal to provide identification in conjunction with a Terry stop “may hamper or impede a police investigation into apparent criminal activity,” regardless of whether the offending conduct is active, passive, aggressive, or peaceable.

The Court explained that because § 53a-167a was drafted in such a way as “to encompass a wide range of conduct,” it is unreasonable to determine that because the legislature did not explicitly include refusals to identification requests, such conduct is exempt.

The Court’s Decision

In order to effectuate an investigation, it is only natural that officers ask questions, and “questions concerning a suspect’s identity are a routine and accepted part of many Terry stops.” The government has several legitimate interests in ascertaining a suspect’s identity, and “[t]he request for identity has an immediate relation to the purpose, rationale, and practical demands of a Terry stop.” The Supreme Court agreed with the State that the defendant’s conduct fell within the purview of § 53a-167a, and was left to determine whether the elements of the offense were satisfied: namely, whether the defendant intentionally hindered the investigation.

The Court agreed that there was sufficient evidence to convict: the defendant’s refusal delayed the police investigation “to [an] appreciable degree.” The delay need not be substantial. In addition, the defendant knew why the police were present, and his refusal “reflected an intent by the defendant to hinder, delay or impede the police.” Therefore, the Court reversed the judgment with respect to this charge and remanded the case to affirm the judgment of conviction.

Written by Lindsay E. Raber, Esq.

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When faced with a charge of interfering with a police officer, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.

Legitimate Signature is Required for Enforcement of Non-Compete Agreement

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In Stay Alert Safety Services, Inc. v. Fletcher, 2005 Conn. Super. LEXIS 1915, Mr. Christopher Fletcher began to work at United Rentals, Inc., a North Carolina company in the traffic safety and control industry, starting in February 2003.  He signed an employment agreement upon accepting the job offer wherein the agreement contained a non-compete provision.   According to the restrictive provisions, he was prohibited from working at a competing company located within two hundred miles for a period of two years after his termination.

The company felt it needed to protect its legitimate interests due to Mr. Fletcher’s access to its customer lists, cost information, and pricing schemes.  Mr. Fletcher’s employment was terminated on June 8, 2004, and he proceeded to start a new company, Traffic Control, with his wife.  He essentially performed the same services as he had previously in connection with his employment at United Rentals.

Stay Alert Safety Services, Inc., a company with headquarters in Greenwich, Connecticut, acquired United Rentals in January 2005 and its legal department concluded that Mr. Fletcher and other employees’ non-compete agreements were assignable and could be transferred to the possession of Stay Alert.  Stay Alert sued Mr. Fletcher in Connecticut state court for breach of the non-compete agreement and asked the court to enforce the restrictive covenant that he had signed with United Rentals.

The Court’s Decision

The Superior Court sitting in Bridgeport found in favor of Stay Alert and ordered the enforcement of the non-compete agreement.  It held that the agreement’s provisions were reasonable given the circumstances of the case and that Stay Alert was entitled to injunctive relief because of the contractual breach.  Mr. Fletcher argued that he had not actually signed the non-compete agreement and therefore its restrictions were not applicable.

The court rejected this argument and noted that Mr. Fletcher’s signature appeared on page six of the employment agreement right above his typed name.  He claimed that it was not his signature so the court called in a handwriting expert to ascertain whether it was in fact his signature.  The expert, Dr. Marc Seiter, concluded that it was Mr. Fletcher’s signature and the court agreed with this finding.  A signed employment agreement coupled with reasonable provisions meant that the restrictive covenant was valid and enforceable.

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The lawyers at Maya Murphy, P.C., are experienced and knowledgeable employment and corporate law practitioners and assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and elsewhere in Fairfield County. If you have questions regarding non-compete agreements or any employment matter, contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.