Many police officers and sheriff’s deputies in Denver, Arapahoe, and Douglas County have no earthly idea of what Obstructing a Peace Officer, also known as Obstruction, is under Colorado law. Obstructing a Peace Officer is defined in C.R.S. 18-8-104 as a crime where 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.
What are My Protections Against Obstruction?
The 4th Amendment of the United States Constitution was written to protect you from having police enter your home, car, or detaining you without a warrant. It was intended to be a limiting instruction to the law enforcement officers and district attorneys in Jefferson, Adams, and Broomfield County. However, the police typically think that if you refuse to cooperate with their instructions, questions, or orders, you should be charged with Obstructing a Peace Officer (read more). That is simply not how the law was designed to work and the fact that the law has been amended to allow for such behavior is a negative stain on the fabric of our free society.
What Does Obstructing a Peace Officer Look Like?
Officers in Gilpin, Elbert, and Lake County believe that if they stop a person and want to know what that individual is doing, they have the right to detain that individual. Let’s take Billy for example. Billy is a black man that lives in a high crime area. The police are monitoring the area around where he works. The police see Billy at 2 am walking around the back of Walmart and demand to know what he is doing in that area. Meanwhile, Billy is wearing his I work at Walmart vest and is sitting where the employees take breaks. The police have no right to detain Billy if he refuses to engage in their impolite banter. The sad truth is that many officers will arrest Billy and detain him for Obstruction if he does not cooperate with them.
Can I Fight my Charge of Obstructing a Peace Officer?
You have to know the law to fight false allegations of Obstruction. You need an experienced criminal defense attorney who routinely handles cases like these to ensure your best defense. When cases like Billy’s take place, we can stop them dead in their tracks. We can show the government their case is hopeless and work to get it dismissed. We want to fight the government for you!
So, if you or a loved one have been charged with Obstructing a Peace Officer, be smart, and contact us at (303) 731-0719. Together, we can protect your future.
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