Q: In Colorado I was pulled over for expired tags less than 6 months and they ordered me out of the vehicle did I have to
Get out ?They then impounded my vehicle and searched it
A:
You are describing search and seizure, both of which must be reasonable under the state and federal constitutions.
It sounds like the police did not have an arrest warrant for you or a search warrant for your car. There are a number of circumstances that might allow the police to do what you describe, and whether a search or seizure is constitutional is a fact-specific determination. The precise timing and chronological sequence of events will be important in analyzing whether the police acted appropriately or not.
An attorney would need to know more facts in order to advise you whether the police acted appropriately. If the police seized evidence from your car that is being used against you in a criminal prosecution, then you should contact a criminal defense attorney for help. If your attorney believes that the police violated your constitutional rights, then he or she can file a motion to suppress any evidence seized from your car. An attorney can also assist you if your goal is to contest the propriety of towing and storage fees and retrieve your car from impound.
Sean Maye agrees with this answer
A:
In short, the answer seems to be no. Take a look at this US Supreme Court case, which defines the operative rules on this issue: Arizona v. Gant, 556 US 332 (2009).
Generally speaking the police cannot order someone out of a vehicle for a mere traffic infraction, as you described it. Often times, however, officers claim that there are other reasons for ordering someone out of a car, and a lawyer would need to assess whether the officers' stated reasons are legally justifiable or not, as Mr. Cantley indicated. If there was no other reason to suspect criminal activity, then you could have a strong defense to your case.
If you have any questions, I offer a free 30-minute consultation. Please visit www.mayelawgroup.com for more information.
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