Obstruction, or Obstructing a Peace Officer, is a common charge in Fort Collins and Loveland, Colorado. Often when people have questions about Obstruction, they wonder about providing information to police – what specifically are you required to provide. Let’s look at some common questions related to Obstruction charges in Colorado.
What is an Obstruction Charge in Colorado?
There are actually two different Colorado statutes related to Obstruction: Obstructing Government Operations and Obstructing a Peace Officer.
The Larimer County, Colorado law for Obstructing a Peace Officer, Firefighter, Emergency Medical Service Provider, Rescue Specialist, or Volunteer – C.R.S. 18-8-104 – is:
(b) To assure that animals used in law enforcement or fire prevention activities are protected from harm, a person commits obstructing a peace officer or firefighter when, by using or threatening to use violence, force, physical interference, or an obstacle, he or she knowingly obstructs, impairs, or hinders any such animal.
Under C.R.S. 18-8-102 – Obstructing Government Operations is defined as:
What is the Statute of Interference in Colorado?
Generally, when someone refers to Interference or Interfering with a Police Officer, they are referring to the Obstruction law. There is no crime for Interference, but Obstructing a Peace Officer discusses using a physical interference to stop law enforcement from doing their job.
In Larimer County, what is the Punishment for Obstruction of Justice in Colorado?
Both Obstruction charges (Obstructing a Police Officer and Obstructing Government Operations) are a class 2 misdemeanor. This level misdemeanor is punishable by up to 120 days in the Larimer County Jail and up to $750 in fines.
Does Colorado Require you to Identify Yourself to Police?
In certain situations, you are required to provide your ID and/or your identifying information to Fort Collins Police or Larimer County Sheriff. If you are the driver of a vehicle in Colorado and you are pulled over, you do have to provide your ID to the officer who pulled you over. You also must give your name if you are being detained on suspicion that you were involved in a criminal activity. To know if you are being detained, you can ask if you are free to leave. If the officer says no, then you are definitely being detained. Detained does not mean arrested. For example, if an officer walks up to you and says that you match the description of someone who just robbed a store down the road, you are required to provide your name. You do not, however, have to answer any questions about the alleged incident. If a cop walks up to you while you are walking down the sidewalk and simply says, “What’s your name?” you do not have to provide it. The officer must give a valid reason for why they are asking. They don’t just get to demand your ID or identifying information because they want it.
Can Cops Ask for Passenger ID in Colorado?
Sure, an officer can ask to see a passenger’s ID, but that doesn’t mean the passenger is required to provide it. During a traffic stop, a passenger is NOT required to give the officer their name or ID. Unless there is a suspicion that the passenger has committed a crime and the passenger is detained, then the officer is not entitled to that information during a traffic stop.
If you or someone you love has been charged with Obstruction, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. We also practice in Greeley and Weld County. Click HERE to visit our Weld County website. Together, we can protect your future.
Photo by Amina Filkins