Obstruction, (Obstructing a Peace Officer) C.R.S. 18-8-104, is a type of case that nearly anyone in Arapahoe, Douglas, or Denver County could be convicted of. Obstruction is usually defined as anytime a person uses or threatens to use violence, force, physical interference, or an obstacle, and knowingly obstructs, impairs, or hinders a police officer, firefighter, emergency medical service provider, or emergency animal. As you can see, this could apply to basically anything where you exercise a Constitutional right against the police.
The 5th Amendment protects you from having police enter your home, car, or other personal space. However, in jurisdictions like El Paso, Boulder, Adams County, Jefferson, and Clear Creek, you can be arrested for not allowing the police to have access to those locations when they think they have the right to be. For example, someone can be arrested for not allowing the police to enter their home when the police believe that someone inside your home is injured. Let’s say that you are at your home and watching the Denver Broncos game. You cheer loudly when Denver scores. Your neighbor calls the police because they hear someone screaming. The police come to your door and demand entry, without a warrant. You lock the door and tell them to come back when they have a warrant. At that point, they break down your door, enter into your home, and arrest you for Obstructing a Peace Officer.
Police sometimes think they are above the law. Why would anyone not let the police in Denver, Thornton, Lakewood, or Aurora into their homes at any point the police desire? Because you have a constitutional right to privacy in your home and the U.S. and Colorado Constitutions declare that the police must have probable cause or a warrant to enter your home. Courts have been punishing people for not having an in-depth knowledge of the requirements of warrants; the same thing that lawyers argue about on a daily basis. In some instances, judges have decided that citizens have an affirmative duty to help police do what they want, or it is Obstructing a Peace Officer.
You have to be aware that sometimes the police in Pueblo, Weld, and Larimer county act without authority which they think they have. When they do this, you need to hold them accountable. You need a criminal defense attorney to help you with your Obstruction charges. So, if you or a loved one have been charged with Obstruction, be smart, exercise your right to remain silent, and contact an experienced attorney at the O’Malley Law Office today at (303) 731.0719. Together, we can protect your future.