Obstructing a Peace Officer is charged in Greeley and Erie when a person is accused of doing something to prevent a police officer from doing their job. People often wonder to what extent that means? If a Greeley Police Officer is asking questions about something that happened, is it Obstructing to not answer those questions? Let’s take a closer look at this statute to find out.
Lawyer for Weld County Obstructing a Police Officer Charges: How is Obstructing a Peace Officer Charged in Colorado?
The Weld County, Colorado law definition of Obstructing a Peace Office, Firefighter, Emergency Medical Service Provider, Rescue Specialist, or Volunteer – 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.
As described above, there must be a use (or threatened use) of force, violence, an obstacle, or physical interference. This could simply be stepping in front of your loved one when police are arresting them. An understandable act of protection, but could land you in handcuffs as well.
Is Remaining Silent an Act of Obstructing a Peace Officer in Windsor or Firestone?
There is a specific subsection in the statute that addresses this issue. Under C.R.S. 18-8-104, the law outlines:
Constitutionally, your right to remain silent is protected. It is even specifically outlined in the statute. But, does that stop officers from arresting someone for Obstruction? Unfortunately, not always. Sometimes officers get so frustrated they are not getting what they want, that Obstructing is charged when it may not be appropriate.