In Fort Collins and Larimer County, Obstructing a Peace Officer is charged when law enforcement accuses someone of interfering and hindering with an investigation. A man was recently charged and went to trial for Obstruction after he live streamed the aftermath of the King Soopers shooting in Boulder. According to the article, the man had just left the store when he heard the gunshots. He began live streaming what was happening, as he was a journalist. Law enforcement claim that he ignored dozens of commands to move away from the scene. After police tape was put up, he remained outside the area, but wouldn’t move to the other side of the street. Unfortunately for police, you can’t just charge someone for being annoying or simply videoing the situation. Well, I mean, they can try – but it doesn’t usually work out in their favor. Honestly, if you want people further back from the scene, then put the crime scene tape further back. Apparently, the jury agreed, because the man was acquitted of the charges.
Fort Collins Obstructing a Peace Officer Attorney: Definition of Obstructing a Police Officer in Colorado
The Fort Collins, Larimer County, Colorado law definition of Obstructing a Peace Officer – 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.
It’s likely the prosecution argued that by not following the officers’ orders to move, the man was a physical interference and his presence hindered law enforcement and was a safety issue. However, the jury didn’t see it that way. In fact, higher courts have ruled that videoing law enforcement is protected by the First Amendment. It seems that they were not able to prove that his livestreaming actually caused any interreference or hindrance.
Sentence for Livestreaming Obstructing a Peace Officer in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, Obstructing a Police Officer is 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.
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 Greeley site. Together, we can protect your future.
Photo by Markus Winkler