You will not be convicted with Obstruction of a Peace of Police Officer (CRS 18-8-104) or Resisting Arrest (CRS 18-8-103) if you flip off of a police officer or curse at them. The First Amendment promises the right to free speech among all residents in Weld County, and the cities of Greeley, Keenesburg, and Hudson, and several judges have determined that citizens are entitled to cussing out a police officer without prosecution because it is a part of free speech.
After a recent string of court cases involving citizens who have had verbal altercations with police officers, legislators have found cursing, yelling at, or using obscene gestures when involved with police officers is actually not illegal, but a part of free speech that is protected by the First Amendment. Recently, a judge in Boulder decided that a man arrested because he insulted the cop with vulgar language was within his right to free speech. He was paid a $20,000 settlement.
Even though these actions are not illegal, taunting public officials with course hand gestures or inappropriate language will not help you during an arrest or in criminal proceedings. It is always best to remain silent and not give police officers any more reason to be harsh. Also, be aware that if someone engages in threatening language or repeatedly insults an officer to the point that the police officer feels that they are being personally threatened with physical injury, you may be arrested for Obstruction or assaulted. Some cops may have thicker skin than others and not care if someone decides to let out a few choice words. Others may take it quite differently. The line between an arrest-able offense and free speech is very thin.
If you have any unfriendly encounter with a police officer, sheriff’s deputy, or state patrol officer or are charged with a crime, be smart, exercise your right to remain silent, and contact the experienced criminal defense attorneys at the O’Malley Law Office at 970-616-6009. Together, we can protect your future.