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Obstructing a Peace Officer vs. the Constitution in Denver

There are several crimes that make my blood boil with how often they are overcharged by the police and district attorneys in Denver, Douglas, and Adams County. I think it should be a requirement for the police to understand the law surrounding the charges they put on people in Colorado. In this state and country, we have certain rights which our founders deemed important enough to add into our Constitution. One of those rights is a warrant requirement before the government comes into your home, property, or business. This is where the crime of Obstructing a Peace Officer commonly clashes with the will of police officers.

The Legal Definition of Obstructing a Peace Officer Across Colorado

Obstruction is defined at C.R.S. 18-8-104, as: when 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. This crime could apply to basically anything. What we see mostly with Obstructing a Peace Officer is an individual taking a stand and demanding that police provide a warrant to search their home, apartment or business. The Police and Sheriff's Departments in Arapahoe, Jefferson, and Boulder County do not take kindly to a person invoking their Constitutional rights. Read more about How Obstructing a Peace Officer is Charged too Easy.

Why is Obstruction so Overcharged?

Many police think they are exempt from the law and charge law abiding men and women with Obstruction of a Police Officer when made unhappy. They believe that because they wear a badge, they can force or intimidate people to doing what they want. If you don't believe me, check out YouTube videos on the constitutional right to open carry firearms, the atrocities that are taking place at the borders of our country, and how some citizens respond to a police show of authority at DUI checkpoint stops. In these videos, you will see average citizens standing up for their constitutional rights and how the police angrily respond.  Obstruction charges should not be the knee-jerk response of overbearing officers which it is.  In a similar light, they over charge the crime of Resisting Arrest.

The police are so out of control that in recent cases in Broomfield, El Paso, and Elbert County, they are charging citizens with Obstruction when they refuse to "cooperate" with an investigation (a/k/a make a confession). I guess some officers were not taught the 5th Amendment to the Constitution and your right to remain silent. As we continue to encounter police ignoring the Constitution, we fight back in Colorado courts. This is why you must hire a criminal defense lawyer if you are facing charges. We know how to fight the government and protect your rights.

So, if you or a loved one have been charged with Obstruction or Obstructing a Peace Officer, be smart, exercise your U.S. and Colorado Constitutional right to remain silent, and contact one of the best criminal attorneys at the O'Malley Law Office today at 303-731-0719. Together, we can protect your future.

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