Obstructing a Peace Officer, C.R.S. 18-8-104, is charged in Larimer County, CO when a person knowingly obstructs a Fort Collins Police Officer, EMS provider, or firefighter while they are performing job duties. Given that this law is broad and often overcharged, many people wonder if they could be charged with Obstruction for recording a Fort Collins Police Officer with their cell phones. Generally, the answer is no – you have a First Amendment right to film. However, if you get too close or impede the officer in any way, you could be criminally charged.
Obstructing a Peace Officer, C.R.S. 18-8-104 at the Larimer County Courts
Obstructing a Peace Officer, C.R.S. 18-8-104, is defined as follows at the Larimer County Courts:
In other words, Obstruction is charged for using physical interference, force, or threats to prevent a Fort Collins Police Officer, firefighter, or EMS provider from performing their duties.
Could I Be Charged with Obstruction for Recording a Fort Collins Police Officer?
Yes, you could be charged with Obstruction for recording a Fort Collins Police Officer – if the recording gets in the way of them carrying out a job duty. Your right to use your phone to film police interactions is constitutionally protected under the First Amendment. Even so, you must maintain some distance so that the Officer can carry out their job duties. Getting too close or threatening the Officer while filming could result in Obstruction charges. It is also important to remember that you must be in a public setting, and you must cooperate if the police issue any commands.
Larimer County Jail Time + Fines for Obstructing a Police Officer in Loveland and Estes Park
Obstructing a Police Officer is a class 2 misdemeanor in Loveland and Estes Park. If you are convicted of this offense, you could be penalized by up to 120 days in the Larimer County Jail and/or a $750 fine.
Don’t wait to contact a top Fort Collins criminal defense lawyer to represent you at the Larimer County Courts. Depending on your case, we can advocate for you to serve a sentencing alternative like probation, or the charges can even be completely dismissed. Call us today, and together, we can protect your future.
Have you been charged with Obstructing a Peace Officer? Be smart, and exercise your right to stay silent. Never discuss your case with the Fort Collins Police or Larimer County Sheriff, no matter what they tell you. Then call 970-658-0007 to talk about your charges with a top criminal defense lawyer from the O’Malley Law Office. Together, we can protect your future.
The location for the Larimer County Justice Center is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
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