Sep 26, 2018 | Civil Rights Law
Police have specific guidelines when they go out to search a home, or if you’re stopped in a car. Sometimes, procedures aren’t followed. The Fourth Amendment protects you from illegal search and seizure.
How you’re protected
The Fourth Amendment states that “[t]he 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 State of Colorado also has a similar statute in the state constitution. Police can’t just search your car or home for no reason.
Why police might search
While the Fourth Amendment covers searches that are “unreasonable,” there are times when a search may be considered “reasonable.” Should the police believe they have probable cause to search you, your home, your car, or anything else connected to you, the search is because they believe they can find evidence to prove that you committed a crime. Generally, there is a search warrant issued and signed by a judge for this to happen.
Alternately, there may be extenuating circumstances that allow for a search to be executed without a warrant.
“Fruit of the poisonous tree”
Evidence obtained as a result of an illegal search can also be disqualified. This term was coined after a famous court case, Wong Sun vs. The United States. In this case, the prosecution introduced drugs into evidence that were discovered while in an interrogation during an illegal arrest.
For instance, if you are stopped by police for no reason, and the police find something that leads to hidden evidence (a note, a text, etc.) that they would normally not have found, the two parts equal an illegal search and seizure. The trail that leads them to it is the “tree,” and the evidence found as a result is the “fruit.”
This means that dismissals are two-fold. Charges filed against you as the result of an illegal action can be dismissed as well as any evidence because they were not properly obtained.
Defending yourself against illegal search and seizure
Police are not allowed to conduct searches because they feel like it, or because they “thought there might be something.” If the police come to your door and ask to search the place, you have the right to ask for a warrant. If they believe they have probable cause, you will likely get a return visit from them with one. However, if they have probable cause to conduct a warrantless search and are intent on searching anyway, you may have no choice. Verbally inform them that you do not consent (loudly if there are possible witnesses), but do not interfere with them.
Police can only search whatever is described in the warrant. For instance, if the warrant allows a search of your house, searching a potting shed may be considered an “illegal search.” They are only allowed to seize what’s allowed in the warrant. Searching for and finding something else not described in the warrant may also be “illegal,” but not necessarily.
Hiring a civil rights attorney is your best defense against a 4th Amendment violation.
Should the police violate your civil rights with an illegal search and seizure, you can sue for monetary damages under what’s known as a “1983 action.” The section of the US Code (42 U.S.C. §1983) that covers 4th Amendment violations is where the name comes from, and it’s used to define illegal search and seizure, as well as other civil rights. A skilled civil rights attorney can file charges and proceedings and guide you through the process.
If you are charged with a crime using evidence that is obtained through an illegal search, a civil rights attorney can file a motion to suppress the evidence. If the motion is successful, the evidence, and possibly the case, may be thrown out completely.
NOTE: Even if a search or arrest is illegal, resisting or physically fighting an officer can still result in charges of resisting arrest — a separate charge from the original, wrongful arrest that probably won’t be dismissed. DO NOT resist an arrest, no matter how illegal.
Defend your rights — call today
If you’ve been a victim of an illegal search and seizure, you need an attorney experienced in civil rights cases.
Call the Civil Rights Litigation Group at (720) 515-6165, or use our online contact form, to schedule your free consultation with us today. We understand civil rights cases, and aggressively defend you in court and make sure your rights are protected.
Aug 18, 2018 | Civil Rights Law
Being arrested is a difficult experience. A conviction with a prison sentence is even more difficult. You lose many of your rights when you’re admitted to prison to serve a sentence. But if your arrest and/or incarceration include various forms of abuse, that’s a violation of your Eighth Amendment rights, which include the prohibition of “cruel and unusual punishment.”
But when is it considered prison abuse, and how do you fight against it?
Unfortunately, Colorado in the 21st century isn’t immune to civil rights violations for prisoners of all grades. From a local drunk tank to a full-fledged sentence in state prison, you do have some civil rights, even behind bars. Prison abuse is illegal.
The First Amendment
While you still have your rights to practice your preferred religion, associate with family and friends of your choice and read whatever you like (within reason), there are some restrictions. Many are for security reasons, and must “be reasonably related to a legitimate government interest.” The so-called “Turner Test,” named after Turner v. Safley, 482 U.S. 78 (1987), set the legal standard for prisoner’s rights under the First Amendment.
Some prisons may deny reading material they consider “dangerous” or pornographic, but must follow a procedure to ban books or magazines. Others may require prisoners to get books directly from the publishers. But prisons can censor information they believe will cause disorder and/or violence, or that could damage a prisoner’s chances of rehabilitation.
But many prisoners’ rights are curtailed beyond the need for prison safety, limiting their access to family members, reading material and the religious practice of their choice. This can violate the prisoner’s First Amendment and be considered prison abuse.
The Eighth Amendment and prison abuse
The amendment that defines “cruel and unusual punishment” as well as the levying of “excessive fines” for prisoners. (More detail is available here.) This includes “unsanitary, dangerous or overly restrictive conditions.” While there have been some reforms, the unfortunate truth is that many prisoners are still subjected to multiple types of abuse, including physical and sexual assault, neglect, exploitation and excessive force. Women at the Denver Women’s Correctional Facility have also been subjected to repeated sexual harassment and assaults.
Medical and dental needs are also covered under this amendment. Ignoring a prisoner’s request for medical care is a violation. If you are in need of medical care and are met with indifference or ignored, you may have a case for abuse. The criteria for denied medical care are:
- You had a serious medical need, such as an untreated injury or other medical condition
- Prison officials showed “deliberate indifference” to your serious medical need
- This deliberate indifference caused your injury
The ACLU has filed prison abuse lawsuits against the state of Colorado for its lottery-style treatment of prisoners with Hepatitis C.
Solitary confinement
Long a staple of prisoner discipline, Colorado has revamped the policy on putting prisoners into solitary confinement. Rick Raemisch, the executive director of the Colorado Department of Corrections, examined the practice of putting prisoners into solitary when he took the job in 2013. Many prisoners were put into solitary and left there for many months or even years, for the smallest infractions. Long-term isolation was found to lead to or exacerbate mental illness.
Working with the UN and the State Department, Raemisch found that leaving a prisoner in solitary confinement for more than 15 days amounted to torture. In September 2017, the limit for prisoners to be kept in solitary was changed to 15 days. Anger management, therapy and other needs are addressed when prisoners are re-introduced into the prison population. No longer are any prisoners taken directly from long-term solitary confinement and released from prison directly into the general population. Therapy and other help is given long before a prisoner is even released back into the prison population. The results have been excellent and well received, even by the most reluctant of prison guards.
Available resources
Prisons often have law libraries available for residents to utilize. However, law books and legal journals can become outdated, so it’s best to make sure that the law is current or hasn’t been replaced with another one. A civil rights attorney can help you with current case laws to bring your claim to court.
Other available resources on prison abuse:
ACLU National Prison Project—a division of the ACLU dedicated to prison reform, reduction of incarceration and the humane treatment of prisoners in US jails. This includes information on your rights to medical and dental care, however, this document was last updated in 2005.
Prison Policy Initiative—an online resource for updated information on the criminal justice system on a national scale. This advocacy group researches the harm that mass incarceration and over-criminalization creates for society.
A Jailhouse Lawyer’s Manual—this online book is published by Columbia University, and available to download for free online. Published in 2010, and 158 pages, this manual can help you through a complaint or lawsuit. (NOTE: the book is not intended as legal advice, and some parts may be outdated.)
You have rights in prison
If you or a loved one have been mistreated, harmed, or the victim of prison abuse while incarcerated, you don’t have to accept it as “part of life.” While incarceration is intended as a punishment for a crime, it’s still against the law to commit another crime against a prisoner. Call the Civil Rights Litigation Group today at (720) 515-6165. We offer you a free consultation to discuss your case with us, and will work to represent you and defend your civil rights, even while in prison.
Jul 31, 2018 | Civil Rights Law, Police Misconduct
As a diverse and progressive city, Denver has a lot going for it. One of the more welcoming cities in the west, there are friendly people and something for just about everyone, including the LGBT community.
But the dark side of Denver involves something not so welcoming: police brutality.
Most police officers do their job every day, and no one ever hears about them. Unfortunately, there are more than a few “bad apples” that give everyone in law enforcement a bad name.
What is police brutality?
When a police officer (or multiple officers) use more physical force than necessary to respond and control a situation. This can include physical force on handcuffed or otherwise restrained individuals, unnecessarily injuring someone in their custody, as well as firing a weapon when unneeded. Police brutality can take a number of different forms and includes any improper or illegal activities connected with official duty.
Denver law enforcement officers have a sworn duty to protect all individuals from any constitutional violations that another law enforcement officer may inflict on an individual in their custody (or anyone else.) If a law enforcement officer witnesses another officer violating a private citizen’s constitutional rights, he or she may be guilty of failing to get involved.
The first step: Take care of yourself first
If you’re injured after an interaction with the police and believe you are the victim of police brutality, take these steps to get started on filing your complaint
- Get medical attention
- Photograph and document your injuries
- Write down everything, in as much detail as you can
- Are there witnesses? Get statements and any video or other recordings they may have of the incident
- ·Gather any other evidence that you may have, and keep it in a safe place, i.e., damaged clothing, cell phone, etc.
The second step: Filing a complaint
Reporting police brutality is the first step in doing something about it. The Denver Police Department website has a contact form that one can file their complaint immediately.
The Colorado Division of Civil Rights, which includes the Civil Rights Commission, has an entire website of information and resources to help you file a complaint. The DCR also offers alternative dispute resolution (also known as “mediation”) to assist with resolving conflicts and potentially avoiding court hearing and litigation.
The American Civil Liberties Union (ACLU) also offers helpful information on their website about dealing with law enforcement. They may also be able to offer limited legal assistance for your case.
You should also contact an attorney who specializes in civil rights violations to help you file your complaints and pursue justice.
Police brutality is against the law
The police do not have the right to deny you the constitutional rights you have. If the police have violated your rights (or even caused injuries), we’re here to help you recover for your damages, help you heal from any injuries and make sure justice is rendered. A civil rights attorney will aggressively defend you in court and fight for your rights, and if necessary, clear your name.
If you or a loved one are the victims of police brutality or other law enforcement abuses, call the Civil Rights Litigation Group at (720) 515-6165 or use our online contact form. Schedule your free consultation with a Denver discrimination attorney today.
Jun 21, 2018 | Civil Rights Law
One of the biggest determining factors in criminal cases is evidence, but is it fabricated evidence? Pictures, bodycam video, and physical items recovered from a home or auto are just some of the things police can introduce into evidence in court that can be used to convict you of a crime.
But what if the evidence wasn’t real?
Over-zealous police, anxious prosecutors, and other officials might be in the hot seat and are being pushed for an arrest and/or conviction (especially in a high-profile case.) Or they’re just being lazy and taking the first person who crosses their path. If you happen to fit the bill, you may be under arrest.
If they can create the evidence that puts you in the right place at the right time, law enforcement or other officials may be able to get the conviction they wanted, without being concerned about the right person behind bars. You could be doing prison time for a crime you didn’t commit.
How can this happen?
The Fourth Amendment guarantees every citizen protection from unreasonable search and seizure. The Fourteenth Amendment guarantees the right of due process to citizens, and false or fabricated evidence violates that right. There have been exceptions to both rules, and sometimes, someone takes advantage of it.
In the City of Loveland, a dishonest police officer claimed that he’d “smelled marijuana,” forcing a driver to submit to an illegal and complete search, including a drug dog. By making the claim that can’t always be substantiated, the police officer knew he could get away with violating the individual’s civil rights. His claim of “smelling marijuana” amounted to fabricating evidence when he knew it was wrong. When the ACLU got involved, the city agreed to a financial settlement and the charges were quickly dropped.
Lawyers are barred from fabricating evidence
The Colorado Bar Association’s Rules of Professional Conduct specifically prohibit the use and presentation of fabricated evidence:
A lawyer shall not knowingly. . .offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or witness called by the lawyer has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.
Fabricating evidence is addressed under evidence tampering in Colorado law CRS 18-8-610, if an individual:
(b) Knowingly makes, presents, or offers any false or altered physical evidence with intent that it be introduced in the pending or prospective official proceeding.
Fabricating evidence is a Class 6 felony, which, if convicted, includes:
- A sentence of 12 to 18 months in prison
- A fine of up to $100,000
- Mandatory one-year parole period
Defend your rights — call today
If you’ve been arrested or charged using fabricated evidence, you need an attorney experienced in civil rights cases.
Call the Civil Rights Litigation Group at (720) 515-6165, or use our online contact form, to schedule your free consultation with us today. We understand civil rights cases, and aggressively defend you in court and make sure your rights are protected.
May 31, 2018 | Civil Rights Law
The Mile High City has a lot to offer. In Denver alone, you can find cultural attractions, top-chef restaurants, craft brewers and distillers, world-class entertainment (like the Red Rocks Park & Amphitheater) and museums. There are even more great attractions and events outside of the city, in places like Boulder and Aurora. Numerous historical sites give you a sense of where Denver has been, and where it’s going.
Diverse Denver
But it’s Denver’s diversity that makes it the fun, vibrant multicultural place to be in the West. The 2015 census shows that 31% of the city is now Hispanic and 10% African-American, along with a strong Asian community. It’s also pet-friendly, with great places to walk your pet and adventures where you can take them with you.
Since Denver has long been a meeting and gathering place for people from different cultures and backgrounds, it’s become an accepting place for the LGBTQ community. By the 1980’s, LGBTQ became established as not only a thriving community, but politically active as well. Gay-friendly neighborhoods, businesses and annual events like Denver PrideFest (one of the biggest in the US) and the Rocky Mountain Regional Gay Rodeo make the city one of the top places for the LGBTQ community to live and work.
Green Denver
Our city leads the way in eco-friendly “green” initiatives. We’re not only going green, we live green. The City’s “Green Fleet” leads the way with 43% of city vehicles that use alternative power (electric, CNG, biodiesel and propane.) For more than 10 years, two cab companies also drive hybrid vehicles (Metro Taxi and Yellow Cab.) GreenPrint Denver is a visionary energy management and efficiency plan that includes goals for cleaner water, land and air.
Don’t want to drive? You have lots of greener alternatives to get around. Denver’s Regional Transit District offer bus rides, alternatives for people with mobility limitations and free rides for active duty military. Pedicabs, trains, scooter tours and bike sharing are all available for traveling, and the free MallRide (using hybrid vehicles) can take you all around the downtown area.
Plans for Denver’s Pepsi Center to become 100% green include operating 100% on renewable wind and solar power, a hybrid parking area and extensive recycling facilities. Tree planting and recycling are also some of Denver’s best initiatives to continue making the city greener.
Denver discrimination
Civil rights violations can take many forms. The City of Aurora recently paid out nearly a half-million dollars to black firefighters after they discovered a pattern of discrimination. The department dismissed minorities at a higher rate than white firefighters.
LGBTQ citizens have also been the target of discrimination and civil rights violations.
For all our forward-thinking and planning, the city of Denver is not without problems, especially in the area of civil rights and discrimination. Issues like wrongful arrest, police misconduct, employment discrimination and other civil rights violations are, unfortunately, as common as a cowboy hat in Colorado. The state does have an active Civil Rights Commission, and has bipartisan support to protect the rights of citizens. But civil rights abuses and violations continue to be a large part of the social justice movement in Denver.
For instance, prisoners who are subjected to neglect or abuse by prison personnel have had their rights violated under the Eighth Amendment. But who might speak up for them, other than a civil rights attorney? LGBTQ prisoners, particularly transgenders, are particularly at risk for abuse and discrimination.
The American Civil Liberties Union is also aware of police misconduct and brutality levied against citizens, as well as multiple cases of excessive force without cause. The ACLU offers free online resources to help you understand your rights and know what to do if your rights have been violated.
What do you do?
Don’t let unfair discrimination or any municipal authority step on the constitutional rights you have. A civil rights attorney will defend you in court and fight for your rights, and if necessary, clear your name. If you or a loved one has suffered a civil rights violation at the hands of police, in your place of employment, by the judicial system, or in any other fashion, call the Civil Rights Litigation Group at (720) 515-6165 or use our online contact form. Schedule your free consultation with a Denver discrimination attorney today.
May 1, 2018 | Civil Rights Law
Dealing with the police can be frightening — especially if you’ve done nothing wrong. If that experience ends up in a false arrest (also called wrongful arrest), can you fight it? Yes.
Colorado is known to be one of the top states for civil rights violations, including false arrests. It’s usually an unpleasant surprise when it happens, so be on guard if it does.
What is a false arrest?
A false arrest is when anyone is unlawfully restrained and loses his or her freedom of movement. This means that when someone holds you against your will, and/or you are taken into custody without any legal justification or consent. It’s an intentional tort, meaning that the individual intended to deprive you of your freedom of movement.
This can happen not only with police officers but shop owners and managers who suspect shoplifting. If someone believes you’ve been shoplifting, they may prevent you from leaving and hold you until the police arrive.
What you have to prove
If you are the victim of a false arrest, your Fourth Amendment Rights have been violated. How do you know if they were? If you are going to court, you’ll have to prove:
- That the confinement was intentional by the defendant (the person you are suing)
- That you were conscious of the confinement (you knew you were being unlawfully detained)
- That you didn’t consent to the confinement
- Whether the arrest was “privileged,” or legally justifiable, such as a warrant for arrest. The catch-all term probable cause is harder to prove, and a defense against false arrest.
Finding an attorney who is experienced with civil rights violation cases in Denver can investigate your case, build your defense and represent you in court to defend you against a false arrest.
What to do if it happens
Even if you are being falsely arrested, resisting arrest is a second charge, and you can be charged and jailed for that. In some places, resisting a false or wrongful arrest is legal, but you can still be arrested for that.
The ACLU offers information if you find yourself falsely arrested:
- Don’t resist arrest, even a false one. You’ll risk a second charge that’s genuine
- You will be required to give your name and address to the arresting officer, but nothing else without a lawyer present
- You should always refuse a search without a warrant; should an officer state that he or she can get one, allow them to do so
- Exercise your right to remain silent. You do not have to answer any questions beyond your without an attorney present; just ask for one
- Get the officer’s name and badge number, write it down along with the date, time, witnesses names and contact information and other pertinent information to the case
- Keep records of all conversations, letters and anything else related to the case.
- Find an attorney skilled in civil rights violations as soon as you can, and defend yourself
Bottom line: don’t resist arrest, don’t answer any questions you’re not required to, and insist on having an attorney present when speaking to the police for any reason. Bad as the situation is, you’ll have the chance to defend yourself in court, prove the invalidity of the arrest, and clear your name.
Don’t allow injustice to continue!
False arrests can happen anywhere, and false accusations can ruin your life. If you’re the victim of a false arrest, or your civil rights have otherwise been violated, an experienced civil rights attorney will fight for your rights. While your first thought may be to call a criminal defense lawyer, remember, if you haven’t committed a crime, and your civil rights are at stake.
Call the Civil Rights Litigation Group at (720) 515-6165, or use our online contact form, to schedule your free consultation with us today. We’ll fight to help you clear your name against false arrests and other overreaching actions by police.
