It is never easy when you find out police are looking to arrest one of your loved ones. In one news story, two brothers certainly didn't take it well when they found out police were looking to arrest one of them. According to the news, police came to the brothers' home after a report that one of the brothers committed a domestic assault earlier that day. Police allegedly knocked on the door of their home for several minutes, before the door was opened. When opened, one of the brothers blocked the doorway and told police they couldn't come in without a warrant, ignoring commands to move from the doorway. Both brothers were eventually arrested, but one began cursing at police and the other one made threats to police and resisted the arrest. In Denver, in addition to other possible charges, the twin brothers would likely face Obstructing a Peace Officer charges and Resisting Arrest charges. Of course, police had no right to enter the home without a warrant, so a possible defense is the 4th Amendment Search and Seizure violation.
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Obstructing a Peace Officer, Firefighter, Emergency Medical Services Provider, Rescue Specialist, or Volunteer in Douglas County
In Douglas County, one way Obstructing a Peace Officer, C.R.S. 18-8-104, charges occur is whenever:
“…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.”
Since one of the brothers blocked the doorway so police could not come in and did not move from the doorway, while the other brother made threats to police, they would likely face charges of Obstructing a Peace Officer. One of the brothers would not let police into the home because he believed the police could not come in without a warrant. In Colorado, it is true that police must have a warrant to enter your home. If they do and you prevent them from entering your home, however, you can face charges of Obstructing a Peace Officer. Obstructing a Peace Officer is a class 2 misdemeanor in Colorado, which is punishable by up to 12 months in the Douglas County Jail.
Resisting Arrest Definition in Arapahoe and Jefferson County
In Arapahoe and Jefferson County, the definition of Resisting Arrest, C.R.S. 18-8-103, is:
“A person commits resisting arrest if he knowingly prevents or attempts to prevent a peace officer, acting under color of his official authority, from effecting an arrest of the actor or another, by:
- Using or threatening to use physical force or violence against the peace officer or another; or
- Using any other means which creates a substantial risk of causing bodily injury to the peace officer or another.”
While the two brothers were clearly unhappy that police were looking to arrest one of them, they could still face criminal charges for making threats and keeping police from making an arrest. If the twin brothers used or threatened force or violence, or another means which could have created a risk of bodily injury to police, they could face charges of Resisting Arrest. Resisting Arrest charges are often charged with Obstructing a Peace Officer charges under circumstances where emotions are high, people are not in their right mind or people have accidentally caused bodily injury to police while resisting arrest. Resisting Arrest is also a class 2 misdemeanor in Colorado. The best course if police come knocking on your door is to not open the door or give any indication that you are home. Some police don't abide by the U.S. Constitution.
Adams County Obstructing a Peace Officer and Resisting Arrest Lawyer | Call the O'Malley Law Office
While police in Adams County have a tough job to do, sometimes they commit an act thinking they have more authority than they do. When this happens, you need an expert criminal defense lawyer who knows the law to fight for you. Police must be held accountable for their actions. Don't wait if facing Obstructing a Peace Officer charges or Resisting Arrest charges in Colorado. Call the O'Malley Law Office today and protect your future.
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If you or a loved one is facing Obstructing a Peace Officer charges or Resisting Arrest charges in Colorado, be smart and exercise your right to remain silent. Then, contact the best criminal defense attorneys at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.Request a Free Consultation
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