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Say I am talking to someone I know or suspect might be arrested if they have contact with law enforcement. I don't particularly want them to be arrested: maybe I know they didn't do whatever it is they are suspected of. I also happen to know that there are police to the north, but not to the south.

Can I tell them, "Hey, when you leave, make sure to go south, because the police are to the north and might catch you"? Or would that be something like conspiracy to resist arrest, interfering with an investigation, or some kind of generic aiding and abetting?

Does it matter if everyone involved is just chilling, versus if the police are actively chasing this person and they are actively fleeing?

This presumably differs by state; I am interested in answers for any state, and for federal law enforcement if they are somehow different.

Kovy Jacob
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interfect
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4 Answers4

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Lousiana law says this:

RS 14:25 Accessories after the fact

An accessory after the fact is any person who, after the commission of a felony, shall harbor, conceal, or aid the offender, knowing or having reasonable ground to believe that he has committed the felony, and with the intent that he may avoid or escape from arrest, trial, conviction, or punishment.

An accessory after the fact may be tried and punished, notwithstanding the fact that the principal felon may not have been arrested, tried, convicted, or amenable to justice.

In your case you do have a defense of "I didn't reasonably know they committed a felony," but the prosecutor may choose to have a court decide this for you. The US justice system is fairly punitive whether you are convicted or not.

Tiger Guy
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In Australian states "Accessory after the fact" is excluded by your statement "maybe I know they didn't do whatever".

"hindering an investigation" (of a serious indicatable offence) has been generally interpreted by the police and courts to mean something you do the police, in contrast to and different from "Accessory after the fact".*

"aiding and abetting" carries the meaning "encourages and incites", which has been generally held to require more positive language than just telling people (how to get arrested).

The behavior described in the OP clearly falls into the category "accessory after the fact", and for that reason is not normally considered to fall into the other categories. Also, the other categories are serious crimes by definition, and hence are more narrowly defined.

But note that, in the Australian jurisdictions I have been in contact with, these offenses could be tried summarily, and you'd have to defend your position against a generally unfavorable magistrate. If you have a police witness** there telling the court that (1) You knew the offender was guilty, or (2) the offender escaped apprehension because you knew what the police were trying to do, or (3) the offender escaped apprehension because you encouraged them to do so, then ---

You don't want to be un-represented.

*You don't know why the police have left the South open or even that the police have really left the south open. Maybe they want him to exit in that direction? If you've been listening to police radio, your legal position may be different.

**They heard what you yelled. They saw what you did. They have your statement, and that of the offender.

FD_bfa
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david
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It depends on the context...

If driving on a road, see a police officer, then alert drivers in oncoming traffic that there is a cop. This is legal. You are allowed inform others, even if they are commiting a traffic violation, about a cop's whereabouts and even suggest temporarily slowing down or evading the police. (Elli v. City of Ellisville)

However, if you are helping a fugitive, that is a totally different story. A fugitive belongs in the custody of police. Aiding or abeting a fugitive, in any way is illegal. (18 U.S.C. ยง 1071)

Aiding and abetting a fugitive is felony in the United States. It does not matter which state. Harboring a fugitive (helping them avoid a warranted arrest or escape/avoid police custody) is always a crime.

Viraj Shah
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From a law office's website:

Under Massachusetts law, a person commits the crime of resisting arrest if that person knowingly prevents or attempts to prevent a police officer from effecting a lawful arrest of the defendant or another person by:

  • Using or threatening to use physical force or violence against the police officer or another person
  • Using any other means that creates a significant risk of causing bodily injury to the police officer or another person

So there needs to be some kind of force or bodily risk involved. Simply taking measures to avoid the police finding you is not evading arrest. If it's not illegal for the suspect, I don't think it would be illegal for a third party to aid them.

However, if the police come to you and ask you which way the suspect went, I believe you must answer truthfully to the best of your knowledge.

Barmar
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