Can Wheatridge Police Dept. Colorado arrest someone for DUR when they were not in the vehicle & parked on private property?

Asked almost 2 years ago - Denver, CO

Oct 4,2012 my boyfriend was arrested for DUR, detained at Wheatridge Police Dept for about 5 mins, then let out the back door with a piece of notebook paper with Connolly's Towing # handwritten on it. No ticket, just that. They impounded his truck and it has been on police hold since. No one can tell us why. The cop on scene told bf that HIS truck was seen on video stealing a trailer a week prior. IMPOSSIBLE because he had been sitting in Denver city jail for 2 1/2 wks & had just been bonded out Oct. 2. The cops were in such a hurry to push him out the back door that the arresting cop left his handcuffs in my bf's property bag. They did not issue him so much as a ticket, no court date, nothing. Cops did not read him his rights or tell him why he was going to jail. Is that legal? I thinkNOT

Additional information

How long do the police have to charge him? Boyfriend wasn't even in truck and keys were in his pockets. The truck was pulled onto private property that was well lit in order to fix the hitch and not look suspicious. As of today, we still can not get any information from tow yard or police regarding this issue and at least getting his work tools and keys out of the truck. Thank you to all who have responded.

Attorney answers (3)

  1. Christopher Daniel Leroi

    Contributor Level 20

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    Answered . It definitely sounds pretty screwed up from what you have told us. I guess that we need to know what you are seeking on behalf of your boyfriend in order to steer you in the correct direction. A violation of civil rights actions against the Wheat Ridge Police Department? Then the best attorney to contact is David Lane. However, these cases are extremely difficult to prove and you normally need to show some considerable damages prior to going into the matter. Also, Mr. Lane is extremely selective on what cases he takes. The other option is the ACLU.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in... more
  2. Daniel Nelson Deasy

    Contributor Level 20

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    Answered . I like Mr. Leroi's advice (as is essentailly always the case). David Lane is top-notch. I will tell you that I do not believe there is much of a case here, but you can always exploe the possibilities.

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  3. Timothy A. Provis

    Pro

    Contributor Level 15

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    Answered . Dear ?,

    From the facts you have stated, it may well be the arrest was without probable cause and, if so, unconstitutional. But the question is: what are the damages? If he was detained only 5 minutes that doesn't work out to much and neither does withholding his truck from him for 4 days.
    Nevertheless, if you want to explore the possibility of a federal or a state (state courts have jurisdiction to enforce the federal Civil Rights Act) suit, you need to consult with counsel. One has already been recommended to you and you can also find counsel here on Avvo by clicking on Find a Lawyer at the top of this page.

    Yours sincerely,
    Tim Provis
    Cal. Bar No. 104800
    Wis. Bar No. 1020123
    Member: U.S. Supreme Court Bar

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