Obstruction of a Police Officer is charged in Larimer County when a person impairs, obstructs, or hinders a police officer from preserving the peace or enforcing the law by threatening to use, or using violence, physical interference, or an obstacle. The definition of this offense is very vague, and often results in the rights of good people being infringed.
Right to Remain Silent Clashes with Obstruction of a Police Officer
I once read a story about a man getting arrested for Obstructing a Peace Officer – C.R.S. 18-8-104. According to reports, the man was a passenger in a car which hit a parked car in a parking lot. The driver got out of the car, looked at the damage, exchanged a few words with her passenger, and drove off without leaving any information. A witness called in the license plate, and the Colorado State Patrol investigated the incident. They found the car belonged to the male passenger, who agreed to speak with the officers. During the meeting, the police officers questioned the man, and asked him to reveal the name of the driver of the car. He refused to give them the name, but was cooperative otherwise.
Police Officer Blackmail?
Angered, one of the troopers delivered an ultimatum: Either tell the name of the driver, or get arrested. The man refused, and was arrested for Obstruction of a Police Officer. Eventually, the local DA dropped the charges against the man, who filed a lawsuit which alleged his Fourth and Fifth Amendment rights were violated. After months of court, it was decided the troopers lacked probable cause to arrest the man for Obstruction, because his refusal to speak during a non-consensual encounter with police was not an “obstacle” to the investigation by police.
Why You Need an Experienced Criminal Defense Attorney
It is vital to protect your rights and freedoms if you have been charged with Obstruction of a Police Officer. Police officers are often filled with an overblown sense of power, and bully people into doing things they are not required to do. As in the case above, you can be charged with a crime while simply exercising your constitutional rights. Don’t stand alone in court against law enforcement agencies from Fort Collins, Loveland or Estes Park. Work with a criminal lawyer from our office who has over 20 years of experience fighting the government. We know the strategies of the DA and use this to create a strong defense.
If you or a loved one has been charged with Obstruction of a Peace Officer in Jackson, Grand or Larimer County, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 970-658-0007. Together, we can protect your future.
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