Preventing a police officer from doing his or her job is charged as Obstructing a Peace Office in Castle Rock and Douglas County. I recently read a story about a man who was arrested for creating a sign that said “cops ahead” and holding it up to warn other drivers that a police officer was hiding watching for distracted drivers to pull over and ticket. The man was charged with Interfering with a Police Officer, likely the equivalent of Obstruction of a Peace Officer in Colorado. So, would this charge apply if this had occurred in Castle Rock, Highlands Ranch, or Parker? Let’s find out.

Douglas County Obstruction of a Peace Officer Lawyer: Definition of Obstructing a Police Officer

The Douglas County, Colorado law definition of Obstructing a Peace Officer – C.R.S. 18-8-104 – is:

“

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.”

So, the first part of this statute requires:

• Using or threatening the use of violence, force, physical interference, or an obstacle

I don’t think that holding a sign would meet the standard here. It would be a long shot to consider a sign an obstacle, obstruction, or physical interference.

The second part of the statute states:

• A person knowingly obstructs, impairs, or hinders the enforcement of the law

It could be argued that his sign is hindering the officer from catching people, but really what is the sign going to do? It will make people start following the law to avoid a ticket. In essence, the man is helping enforce the law, right? Which is the exact opposite of what this statute is all about and likely why his charges were dropped.

If you or someone you love has been charged with, arrested for, or accused of Obstructing a Police Officer, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 303-830-0880 today. Together, we can protect your future.

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