ARS 13-2409 Interpretation
In Walker v. Superior Court, 191 Ariz. 424, 956 P.2d 1246 (App. 1998) the defendant had given police a false name and social security number during a traffic stop.
The state prosecuted him under 13-2409.
In granting the defendant special action relief by remanding the obstructing a criminal investigation count against the defendant to the grand jury, Division One held that "' misrepresentation' in the obstruction statute refers to what defendant says or does to a prospective informant or witness; it does not refer to what defendant says or does to an officer who is investigating defendant." 191 Ariz. at 427.
The court explained that "the obstruction statute is inapplicable to the facts of this case because that statute requires three people: a defendant, an officer ...and another (a prospective informant or witness). This case has no 'another. '" 191 Ariz. at 426.