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Thread: Aurora Colorado Police Department Widespread False Arrest SNAFU

  1. #1
    Campaign Veteran since9's Avatar
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    Aurora Colorado Police Department Widespread False Arrest SNAFU

    Article: Police Stop, Handcuff Every Adult at Intersection in Search for Bank Robber

    Can anyone say "Unlawful Detainment & Arrest Lawsuit?"

    I'm well-appraised of the laws here in the State of Colorado, and the Aurora police SNAFU'd this one, big time. No RAS (reasonable articulable suspicion), much less PC (probable cause).

    On one hand, yes, it would be easier for the police if they could just lock down the block and interrogate everyone. This is not, however, North Korea. This is America, and our Fourth Amendment (and tons of associated case law) expressly forbids this type of police state behavior.

    SOMEONE's going to loose their job, rank, or a promotion over this, and if any of these unlwafully-detained citizens sues Aurora, the city will loose tens, if not hundreds of thousands of dollars.

    So, how does this relate to handguns? What if you or I were open carrying and they stopped, disarmed, and handcuffed us? Would we be giving them permission to search our vehicle? Probably not. How badly would that escalate the situation? Would they throw us on the ground for good measure because they wrongly perceive a law-abiding citizen who is lawfully carrying a firearm as a threat? Now we'd have unlawful detention, arrest, brutality, AND a 4th Amendment rights violation (search/seizure) thrown in the mix.

    The police claim everyone granted consent for their vehicles to be searched (stupid sheeple). Did the the stupid sheeple also grant consent to be unlawfully detained and arrested, as well?
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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    Regular Member rushcreek2's Avatar
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    Unbelievable !

    "The RESULT of the whole DEAL (???)is that it PAID OFF . We have arrested and charged a suspect."

    Well - actually the "RESULT" of this "DEAL" (fiasco) won't fully materialize until those 19 carloads of citizens finish suing the pants off of Aurora, CO.

    What a truly revolutionary innovation in law enforcement tactics. Who would have thought that all the police had to do was stop, handcuff (temporary arrest), and intimidate citizens into surrendering their 4th Amendment right to be "secure" from unreasonable search & siezure.

    In addition to trampling upon the rights of these citizens, scaring them half to death - probably at gun point - the police prevented them from reaching safety beyond what could very well have turned out to be the scene of a bloody shoot out with the bank robbery suspect(s).

    Oh - I forgot. They made an arrest. Well, I guess that excuses "the deal".

    This is the natural progression of the insidious judicial concept that once a citizen enters a motor vehicle they have "temporarily" surrendered their rights at the alter of "officer safety".

    This one really needs to go all the way to the SCOTUS.
    Last edited by rushcreek2; 06-05-2012 at 12:58 PM.

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    Regular Member Fallschirmjäger's Avatar
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    I wonder what would have happened had they a reputable report that one or more bank robbers with no particular description had managed to make it into the terminal of the Denver International Airport. Would they have detained the thousands of people in the airport with the same non-suspicion?

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    Regular Member Jack House's Avatar
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    I think that, any consent given should be thrown out. It says they gave consent, but doesn't bother mentioning exactly how they got that consent.

    Since this was police raid looking for an armed bank robber, I imagine the officers had their sidearms drawn. Now imagine you're driving down the road, minding your own business, when suddenly you and 20 other cars are stopped by dozens of officers at gunpoint and arrested. I doubt most people would have the frame of mind to realize they have a right to say no. They were probably scared out of their minds and their rights were being trampled as it was. What choice did they really have?

    Yes yes, most of us would have said no. But I wouldn't exactly consider us the average citizen.

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    I don't even know what to say. I am so saddened lately by the blatant disregard for the rule of law, and our constitutional rights.

    Sadly, assuming they actually found the perpetrators (which the article does not indicate they did), they will either get off either way. I'd be surprised if it even makes it to appeal.

    I could also imagine this bankrupting the city.
    Last edited by gobbly; 06-05-2012 at 02:29 PM.

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    Regular Member mtlhdtodd's Avatar
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    I wonder what would have happened if some one was legally carrying open or concealed and told the cops to screw themselves on the search. My guess is it would not have been pretty. I hope there are lawsuits over this blatant violation of the constitution.
    Last edited by Grapeshot; 06-06-2012 at 07:20 AM. Reason: over use of emoticons

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    Cool Shut up & Drink up

    Click on Pic,,,; Attachment 8569

    Ok Everyone, repeat after me,,,

    IT'S ONLY KOOL-AID, IT IS GOOD FOR ME, MY MAMA WOULDN'T LIE

    Trust me, I know what I'm doing,,,

    PEACE & RKBA 4EVER !!!
    Last edited by scott58dh; 06-06-2012 at 12:45 PM.

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    Regular Member Dreamer's Avatar
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    So let me get this straight...

    Police take a huge steaming dump on the Fundamental Constitutional Rights of 19 carloads of law-abiding citizens, so that they could apprehend someone who had allegedly robbed a bank?

    OK, I guess we know who the Aurora Police REALLY work for--and it sure as heck ain't the People...
    Last edited by Dreamer; 06-05-2012 at 10:57 PM.
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
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    Regular Member Fallschirmjäger's Avatar
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    From news reports, it might be up to 25 cars stopped, and a suspect was found in the 19th searched.
    Last edited by Fallschirmjäger; 06-05-2012 at 11:55 PM.

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    Question How many more Mr. Speaker

    Quote Originally Posted by Dreamer View Post
    So let me get this straight...

    Police take a huge steaming dump on the Fundamental Constitutional Rights of 19 carloads of law-abiding citizens, so that they could apprehend someone who had allegedly robbed a bank?

    OK, I guess we know who the Aurora Police REALLY work for--and it sure as heck ain't the People...
    When will the time come that the NATO Blue Hats show up to ***assist*** our fine men/women in blue ?

    Can anyone say,,, NEW WORLD ORDER ?!?!?

    My guess is that we'll see it in our lifetime,,, just watch if Obama gets re-elected, then we'll really see things get fired up !

    Peace & RKBA 4EVER !

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    Campaign Veteran skidmark's Avatar
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    Eugene Volokh weighs in: http://volokh.com/2012/06/05/police-...s-search-cars/

    I’m not a Fourth Amendment expert, but I’m pretty sure this is unconstitutional.
    Now Mr. Volokh may not be a 4A expert but he and his horde of advisors/consultants and general readership had a special party dealing with this incident. I'm just guessing out loud, but there might be some high-priced attorneys lining up to do some pro bono representation just for the ensuing lulz.

    stay safe.
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    Regular Member SouthernBoy's Avatar
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    Quote Originally Posted by Jack House View Post
    I think that, any consent given should be thrown out. It says they gave consent, but doesn't bother mentioning exactly how they got that consent.

    Since this was police raid looking for an armed bank robber, I imagine the officers had their sidearms drawn. Now imagine you're driving down the road, minding your own business, when suddenly you and 20 other cars are stopped by dozens of officers at gunpoint and arrested. I doubt most people would have the frame of mind to realize they have a right to say no. They were probably scared out of their minds and their rights were being trampled as it was. What choice did they really have?

    Yes yes, most of us would have said no. But I wouldn't exactly consider us the average citizen.
    Sadly, if you post a link to this event on other topical websites, you'll quickly find out that a fair amount, if not most, of the posters favor the police in their actions. Just more proof of how dumbing down several generations of Americans by not teaching them the Original Intent of the Constitution and the Bill of Rights has worked.
    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

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    I can not believe the police chief in this situation! "I think this whole thing was justified". Oh, yeah lets trample the rights of perfectly good citizens and freak their kids out with guns drawn so we can get $50k back to the bank. My rights are worth more than that. Here's a news clip on the subject.

    http://news.yahoo.com/video/denvercb...-29561750.html

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    Campaign Veteran since9's Avatar
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    Here's a likely scenario:

    Me: "What's the situation, officer?"

    Officer: "We're looking for a bank robbery suspect who's thought to be in the immediate area. He's considered armed and dangerous. We need you to get out, disarm, and allow yourself to be handcuffed."

    Me: "Really! Since he's nearby as well as armed and dangerous, I've got a better idea. I'm going to take myself out of both his and your way, and I'll maintain my self-defense posture, too."
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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    Regular Member OC for ME's Avatar
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    Me: Get out of my car and be handcuffed? See you in federal court thug.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  16. #16
    Regular Member Jack House's Avatar
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    Quote Originally Posted by since9 View Post
    Here's a likely scenario:

    Me: "What's the situation, officer?"

    Officer: "We're looking for a bank robbery suspect who's thought to be in the immediate area. He's considered armed and dangerous. We need you to get out, disarm, and allow yourself to be handcuffed."

    Me: "Really! Since he's nearby as well as armed and dangerous, I've got a better idea. I'm going to take myself out of both his and your way, and I'll maintain my self-defense posture, too."
    I'd love to see you say that in a situation where the police have already demonstrated a complete disregard for your rights as a human and citizen all the while staring down the barrel of two dozen guns held by those same officers.

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    Quote Originally Posted by Jack House View Post
    I think that, any consent given should be thrown out. It says they gave consent, but doesn't bother mentioning exactly how they got that consent.

    Since this was police raid looking for an armed bank robber, I imagine the officers had their sidearms drawn. Now imagine you're driving down the road, minding your own business, when suddenly you and 20 other cars are stopped by dozens of officers at gunpoint and arrested. I doubt most people would have the frame of mind to realize they have a right to say no. They were probably scared out of their minds and their rights were being trampled as it was. What choice did they really have?

    Yes yes, most of us would have said no. But I wouldn't exactly consider us the average citizen.
    You imagine wrong, see the picture linked below.

    And here's how they got their consent:

    http://www.lewrockwell.com/blog/wp-c...-brutality.jpg
    Last edited by FTG-05; 06-07-2012 at 07:28 PM.

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    Regular Member Jack House's Avatar
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    That really does not change what I said, only reinforces it.

    Sent from my SPH-D700 using Tapatalk 2

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    Quote Originally Posted by FTG-05 View Post
    You imagine wrong, see the picture linked below.

    And here's how they got their consent:

    http://www.lewrockwell.com/blog/wp-c...-brutality.jpg
    A waiver of ones right under threat of force, coercion or duress is not valid consent.
    Experience should teach us to be most on our guard to protect liberty when the Government's purposes are beneficent.
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    Regular Member bowb's Avatar
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    Quote Originally Posted by FTG-05 View Post
    You imagine wrong, see the picture linked below.

    And here's how they got their consent:

    http://www.lewrockwell.com/blog/wp-c...-brutality.jpg
    If the pictures I have seen of this event are correct, WOW! Not one but two guns pointed at what looks to be a teenager. I bet the hat matched the color of the hat worn by the suspect that we have no description of. What a cluster ****. I really hope the fit hits the shan on this.

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    Regular Member Freedom First's Avatar
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    It would take "Balls of Steel" to stand your ground on 4A while looking down the barrel of at least one shotgun in the hands of a very keyed-up Johnny Law. Just saying...
    Freedom can never be lost, only given away by ignorance, by choice, or at the point of a gun. Here in America we can still choose.

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  22. #22
    Regular Member OC for ME's Avatar
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    Finger on the trigger of that shotgun, finger off the trigger of the semi-auto.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  23. #23
    Regular Member Freedom First's Avatar
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    Quote Originally Posted by OC for ME View Post
    Finger on the trigger of that shotgun, finger off the trigger of the semi-auto.
    --Shudders--

    Mr. Law would have trouble sleeping after executing that kid with a nervous twitch. And feeding his family from the big house.
    Freedom can never be lost, only given away by ignorance, by choice, or at the point of a gun. Here in America we can still choose.

    Freedom First 1775

    "I aim to misbehave..." Malcolm Reynolds

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    Quote Originally Posted by FTG-05 View Post
    You imagine wrong, see the picture linked below.

    And here's how they got their consent:

    http://www.lewrockwell.com/blog/wp-c...-brutality.jpg
    I don't think I will ever forget the image of that CoP pointing the shotgun at the kid's head, just like I will never forget this one:



    Both really capture how much freedom we have lost in recent years.

    Hopefully, sunshine truly is a good disinfectant.

  25. #25
    Regular Member Beau's Avatar
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    This is sick. Not only were the police wrong in their actions they put every person in danger by trapping them and then physically restraining them in the same area they believed a bank robber to be that was perceived to be armed and dangerous. Every one of these officers should be fired and charged.

    So are they sure they got the right guy even? The article states they found a person with evidence but the article only states the "two high powered handguns" were found. Psh. I always have at least two handguns in my vehicle.
    Colorado Gun Owners - COGO
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    A discussion forum for Colorado Gun Owners.

    Colorado Firearm law.
    http://www.lexisnexis.com/hottopics/colorado/
    Lexis Nexis: Colorado law pertaining to firearms.
    Title 18, Article 12

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