United States v. David G. Bettencourt

David Bettencourt appeals his conviction under 18 U.S.C. § 111 for interfering with a federal officer in the performance of his official duties. Bettencourt asserts that he was deprived of due process by prosecutorial misconduct before the grand jury, that testimony concerning his prior state arrest was improperly admitted, and that the trial judge incorrectly instructed the jury on the elements of the offense charged. We affirm the conviction.

On May 30, 1978, Bettencourt, an attorney, was in the basement of the Federal Building in Honolulu to observe a search of a client’s car by Secret Service agents. He had obtained permission from the local special agent in charge to be present during the search. Once the search began, Bettencourt started photographing the agents’ actions. When the agents told Bettencourt that taking pictures was prohibited in the Federal Building, he persisted, and the agents consequently decided to postpone the search.

The agents then attempted to move the car from the search area to another part of the basement which was enclosed by a chain-link fence, but Bettencourt prevented this move by standing behind the car. Bettencourt blocked the car until he…