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DO I have a case if I know I was searched without probable cause?

Denver, CO |

I was going with a friend to court for support,She had asked me to go along weeks prior. When walking out to her vehicle, I noticed an officer parked down 4/5 cars. Didn't think anything of it, We weren't even in the vehicle yet, I looked down for a minute & the cop is there behind my friend asking questions & putting her under arrest. I had no idea why or what was the reason, I called my roommate to come pick me up considering I was not involved in their probable cause.Officer asked if I had a license, I said no because I dont currently.He asked again very angry & proceeded to pick up my purse from the ground, shook it in my face, stuck his hand in my purse yelling "you cant tell me you dont have an ID in this purse" I said "you asked me if I had license, I do not. yes, I do have an ID"

Attorney Answers 4

  1. Best answer

    Unfortunately there are not enough details in the explanation to make a meaningful suggestion on your predicament. This is a fact specific detail based issue. One which you should contact an attorney about. Once you discuss the entire incident with a local criminal defense attorney they may be able to help you better than this forum. Good Luck.

    This answer does not constitute a legal consultation, or definitive answer, nor does it establish a lawyer client relationship. Each case, controversy, or situation is factually different and requires particularized evaluation.

  2. were you searched? you didn't say.

    Do you 'have a case'? Not on the facts you posted.

    Perhaps you should meet with a CO attorney to discuss ALL the circumstances and ALL your options.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

  3. A case for what? The primary outcome of a challenge to a search is the suppression of any evidence that was improperly obtained. That means that if the police officer found something that he was using to charge you with a crime and you could prove the search was unlawful, you could have that evidence excluded from your trial. It doesn't sound like there is any evidence or any charges to address.

    It is possible to file a lawsuit for violation of the Fourth Amendment, but without damages your recovery would be very very small. A jury could give you nominal damages ($1) and you could recovery your attorney fees and court costs if you win. It's not clear based on the facts you have been able to put into a paragraph that you could win such a case, but even if you could it doesn't sound like you would recover very much. Unless you just really like being in court, it doesn't sound like a worthwhile exercise.

    You can reach Harkess & Salter LLC at (303) 531-5380 or Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

  4. 4th Amendment: 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 issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    The information provided in this answer is only general shall not be deemed to create an attorney-client relationship

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