Colorado Springs, CO asked in Traffic Tickets, Criminal Law, Civil Litigation and Civil Rights for Colorado

Q: if I was never pulled over for speeding but was arrested charged for speeding & other charges is this Legal?

Parked at a gas station to pee and cop pulls next to me in my car and get out and goes in store before I get out. But he was looking at my car all suspiciously so I waited. He stands at the door inside the store then comes back out flashing his lights in my car and come and bangs on my window and says that he needs my license and registration. I say for what I haven't done anything. He states I was speeding. I said lies I was going up a heel in a truck less the 20. I said if that was the case why didn't you pull me you just went inside the store like normal. He states that he was going to get a drink but noticed my windows where to dark. Long store I had guns drown on me because I felt like I was being harassed and didn't want to get out the care They where beating on my car threading to bust out my windows and drag me out.I sat in my car for 1 half having to pee while the police tried to figure out who I am why they are pulling this car over Officer and Sargents story changed 3 times.

1 Lawyer Answer
Sean Maye
Sean Maye
  • Criminal Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: This sounds like a terrible scenario that you experienced. So sorry you lived through that.

If you were parked and only stopped because of suspicion that you committed a traffic infraction - an infraction for which the officer's story is not credible if he waited a significant amount of time before stopping and even bought a drink in a store in the time in between - then you have a valid argument that your 4th Amendment rights were violated. If you can adequately demonstrate that in Court, you could have all of the evidence against you potentially be suppressed. That would likely result in a dismissal or serious reduction in charges.

You should definitely hire a lawyer who is experienced on 4th Amendment issues - like myself and other lawyers on here. At least, call for a FREE consultation to assess your best options / defenses / rights.

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