Colorado Court of Appeals People v. Luna 11CA1085

Decision here.

   Luna got himself arrested for disorderly conduct.  Short version: he was being detained for an assault and attempted robbery, but the victim decided not to press charges.  While being detained, he was acting the fool.  Once he was released, he hung around to act the fool some more.  And then he was arrested.

   While in the back seat of a patrol car, he spat in the face of one of the arresting officers.  He was charged with (among other things) Second Degree Assault.  The relevant portion of 18-3-203(1)(f.5)(I) says:

[w]hile lawfully confined in a detention facility within this
state, a person with intent to infect, injure, harm, harass,
annoy, threaten, or alarm a person in a detention facility
whom the actor knows or reasonably should know to be
an employee of a detention facility, causes such employee
to come into contact with . . . saliva.

   He was convicted, and he appealed.  His argument was that the back seat of a police car is not a detention facility for the purposes of this statute.  The Court of Appeals disagreed with him, and his conviction was upheld.