Video Taping the Police – Is it Obstructing Justice in Fort Collins?

Is video taping police obstruction in Colorado? Read more in our blog.
Is video taping police obstruction in Colorado? Read more in our blog.
Image Credit: FreeDigitalPhotos.net – blackzheep

When an accused shoplifter was being arrested by two Lakeside Police Officers outside a store, other shoppers were concerned about the amount of force the police were using. After the officers had tased the man three times, an onlooker pulled out his cell phone and began video taping the arrest. When the officers who were using excessive force saw the man was taping them, he pointed to the man and told him he wanted the phone because it was evidence. When the man refused to hand over his phone, he was put in handcuffs for Obstruction of a Police Officer (giving rise to a claim for False Arrest). The abusive officer threatened the man and told him he could either get arrested or give him the video clip. The man agreed to share the clip with him, only to avoid jail time, but felt he was treated very unfairly. This incident begs the question, is it illegal to video law enforcement when they are making an arrest?

What is Obstructing a Police Officer in Fort Collins?

Colorado law defines C.R.S. 18-8-104 – Obstructing a Peace Officer, Firefighter, Emergency Medical Services Provider, Rescue Specialist, or Volunteer – as:

A person commits obstructing a peace officer, firefighter, emergency medical services provider, rescue specialist, or volunteer when, by using or threatening to use violence, force, physical interference, or an obstacle, such person knowingly obstructs, impairs, or hinders the enforcement of the penal law or the preservation of the peace by a peace officer, acting under color of his or her official authority; knowingly obstructs, impairs, or hinders the prevention, control, or abatement of fire by a firefighter, acting under color of his or her official authority; knowingly obstructs, impairs, or hinders the administration of medical treatment or emergency assistance by an emergency medical service provider or rescue specialist, acting under color of his or her official authority; or knowingly obstructs, impairs, or hinders the administration of emergency care or emergency assistance by a volunteer, acting in good faith to render such care or assistance without compensation at the place of an emergency or accident.

Law Enforcement often try and bully people into complying with their demands.

In other words, there has to be some form of interference involved in order to be charged with Obstruction of a Peace Officer in Fort Collins, Loveland, and Estes Park. By standing to the side, as the man videoing the arrest was, he was not breaking the law. The arrest was taking place in public, where the man was allowed to be, and he was in no way hindering the police officers’ ability to accomplish their task. It’s important you know your rights. Law Enforcement often try and bully people like this man, into complying with their demands. Threatening to arrest you is one of those tactics. However, the Lakeside Police Officers knew the charges would not stick. Don’t be afraid if you have been falsely charged. The attorneys at the O’Malley Law Office know the letter of the law and won’t let excessive charges ruin your future.

If you or a loved one has been charged with Obstructing a Peace Officer in Jackson, Grand, Boulder 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, or submit the “Get Help Now” form. Together, we can protect your future.