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:
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.