A bank robbery took place in  this past Saturday afternoon. The police did not have a description of

Many of the occupants were handcuffed while their cars were searched

the robber. They knew he was masked. The officers estimated that based on the time of the robbery, and the direction of his travel, the bank robber was somewhere in a bunch of cars at the intersection of Buckley and Iliff. In a novel approach,the police, with guns drawn, held each vehicle.  Each person in these vehicles were to wait and be searched, and people were to also allow searches of their cars. Many of the occupants were handcuffed and their cars were completely and thoroughly searched, including the trunks, as well as purses and packages in the cars.  The police did take someone away from the scene in handcuffs.

When Does the Constitution Allow the Government to Disturb a Citizen’s Privacy?

Both the Colorado and United States Constitutions guarantee that law enforcement (and the government generally) can only disturb a citizen’s privacy by detaining him and searching his property if:

  • Law enforcement must provide a specific tie between the criminal activity and the person being detained (Aurora police randomly held people simply because they happened to be at a certain location)
  • Law enforcement can only investigate long enough to confirm or disprove that a person held was involved in criminal activity (Aurora police held people for hours, an unreasonable length of time because it took minutes for the cops to verify suspects based facts known about the crime)
  • Law enforcement can only search a vehicle’s trunk in the field with consent or a warrant (Aurora police had guns drawn — the consent obtained at the point of a gun is coercive by nature, meaning there is no consent at all.  Obviously there were no warrants).

Aurora Police Walked All Over Citizens’ Constitutional Rights

Aurora police walked all over constitutional rights yesterday by randomly grabbing and holding people for a long time. They had no reason to simply grab all of the people they did. The officers had nothing to connect any of them to a crime. The officers had no way to know what was in the trunk of each vehicle.

So What’s the Big Deal?

Your right to be protected from the government is going down the drain. Novel approach, Aurora: there was a crime, so let’s stop everyone, handcuff a bunch of them, and then think of a reason. The city of Aurora has taken 240 years of constitutional law and dumped it on the sidewalk at Iliff and Buckley. These are important rights and rules in our United States and Colorado Constitutions, which were tossed out there on the ground somewhere near a Subway shop. Don’t forget them.

Shaun Kaufman Law specializes in criminal defense, personal injury and business litigation.

Call 24/7: 303-309-0430

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8 Responses to Aurora, Colorado, Police Empty Cars Without Cause

  1. Scott says:

    Thank you! I read this article on ABC news’ web site and I was appalled! I don’t even live in Colorado. This sort of thing can NEVER be tolerated! Every one of those cops should be fired or arrested IMMEDIATELY.

    Reply
  2. Randy says:

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place or places to be searched, and the persons or things to be seized.
    Need I say more..
    This is only part of the psychological preparation for the new police state that is just around the corner. This falls in play with the “NDAA” National Defense Authorization Act.
    EVERYONE MUST WAKEUP BEFORE IT’S TO LATE.

    Reply
  3. Ed says:

    That they detained both men and women means they did not even know what they were looking for – a pure fishing expedition.

    If this stands, then police are free to search every home in America in search of evidence that some crime, somewhere, some time, was committed, right? This is already the basis for the TSA – by virtue of desire to fly, you are a suspect.

    Isn’t leaving children in the cars a form of child endangerment without their parents? (In my state, children are required by state law to be supervised by someone 12 years old or older and cannot be left alone.)

    And won’t the suspect that they did eventually take into custody be able to argue illegal search and seizure and likely get off?

    Will Aurora cease to exist after the legal costs of this egregious constitutional violation?

    Reply
    • Shaun Kaufman says:

      Regarding your comment about the suspect being able to argue illegal search and seizure, I completely agree. A lot of times lawyers argue search and seizure issues without having this much ammunition.

      Reply
  4. Concerned Citizen says:

    Hello my family were innocent victims in this robbery and completely ignored my families safety and rights do to APD’s recklessness and I witnessed this rogue police dept.’s and all this happened .Shaun Kaufman I am trying to reach you and already attempted to seek a compassionate attorney who would represent my family which were victimized we have not hired anyone yet .We are also in the process of filing multi complaints with I.A and against the police dept. of Aurora ,we are also in the process to see if the Chief of Aurora has violated and under minded the people .What’s sad in this robbery and travesty is if the this suspect knows his rights and if they violated his rights he can have the courts dismiss the case and he walks free yet all this chaos which could of been prevented and yet didn’t .

    Reply
    • Shaun Kaufman says:

      Your heartfelt response is a prime example of what happens to real people when the government oversteps its bounds in the name of “catching the bad guy.”

      Reply
  5. Sheila says:

    I saw this news report on the web & was astounded by the Aurora Chief of Police directive to stop & handcuff everyone. I was hoping all those innocent people had a right to do something about what happened.

    Reply
  6. Stop Tyranny says:

    This is an outrage against the Constitution. The police state and the Global agenda ignores the Constitution.
    Citizens had better start fighting this tyranny. Every one of these people who were stopped and handcuffed should get a good constitutional lawyer and charge each officer including the chief with TITAL 42 SECTION 1983 action for depravation of rights.
    You can go after the officers pension, houses, their jobs, and a lot of their future earnings. They cannot deprive someone of their Civil Rights including their right to travel by impending their rights to travel.

    Reply

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