Article II of Chapter 11 of the Code of Ordinances of the City of Alamosa generally sets forth provisions relating to the administration of justice, including proscriptions on resisting arrest, obstructing public officers, and refusing to aid police officers. The provisions generally limit their application to police officers (peace officers employed by the City) rather than to the larger set of peace officers generally (including sheriffs’ deputies, federal marshals, state patrol officers, and other sworn peace officers) carrying out their duties within the city. Furthermore, before the provisions of Section 11-22 come into play, an out-of-uniform police officer must exhibit credentials, and the requirement that off-duty or out-of-uniform peace officers exhibit credentials before the provisions of the Article are invoked is inconsistent with the exigencies with which officers are confronted in quick moving circumstances.

The Municipal Court handles violations of the Code of Ordinances of the City of Alamosa. People can violate the provisions of the code concerning administration of justice in the City of Alamosa, whether that justice is being administered by a member of the Alamosa Police Department or by a law enforcement officer from a different jurisdiction. A charge of resisting arrest in municipal court was recently dismissed when an off-duty sheriff’s deputy was engaged in a scuffle with a shoplifter, but, although verbally identifying himself as a deputy, did not have an opportunity to “present credentials,” such as a badge.  This will often be the case for peace officers who are not in uniform. Generally, the situation can escalate too quickly to make it feasible to present credentials to a disruptive suspect.

In addition to identifying him or herself as a peace officer if out of uniform, the ordinance requires that the officer be acting "under color of his or her official authority." Section 11-22(a). APD has a policy specifically directed towards such action (attached), which must be followed if a charge of resisting arrest is to be supported. This ordinance is consistent with that policy, which provides "Whenever practicable, the officer should loudly and repeatedly identify him/herself as an Alamosa Police Department officer until acknowledged. Official identification should also be displayed." Other law enforcement agents would similarly need to be following their relevant departmental policy (and this ordinance) for such out-of-uniform encounters to give rise to a charge of resisting arrest.

The motion passing this ordinance on first reading included direction to add a requirement that if the officer was unable to exhibit his or her credentials at the time of arrest or of seeking aid, the officer do so as soon as the circumstances allow.  The ordinance has accordingly been modified for second reading to include the following provision:

If the totality of the circumstances does not allow the out-of-uniform officer to exhibit his or her credentials prior attempting an arrest or seeking aid, the officer shall exhibit such credentials as soon thereafter as circumstances allow. Failure of an out-of-uniform officer to have such credentials available at the time shall not constitute a circumstance justifying a failure to present such credentials for purposes of this definition.

A copy as redlined between first and second readings is attached.