Colorado Springs, CO – An article from Colorado Politics has reported that a police officer produced a warrant that was produced against constitutional procedures. The officer abused the procedural process, according to Denver’s appeals court, and convicted a man of violating a federal firearms law. The search warrant only met two of the four required criteria to be legal and the officer executed it without approval.
According to the Fourth Amendment, search warrants must describe in detail the location and people where and whom the police plan to search upon probable cause. According to the Attorney’s Office, the warrant was intended for the subject’s home but seized weapons in a vehicle.
Colorado’s 10th circuit court described that the officer obtained the weapons in a vehicle when the warrant described the location of a house. The trial resulted in a guilty verdict with a seven-year sentence for the suspect.
What to do if you’re arrested with an illegal search warrant in Colorado?
Colorado law states that law enforcement must follow the process to obtain an arrest warrant. This includes approval from a judge, magistrate, grand jury with probable cause. Some examples of police abusing warrants in Colorado include:
- Searching property while having an arrest warrant.
- Arresting while having a search warrant.
- Falsifying documentation or information such as dates and locations to obtain a warrant from a judge, magistrate, etc.
- Refusal to show the warrant upon the defendant’s request.
- Refusal to give the defendant a copy of the warrant and receipt for the property if taken by an officer.
- Lack of professional etiquette while executing the warrant.
- Entering property without a warrant or approval of resident.
- Officer’s refusal to grant badge number.
Colorado residents who have suffered at the hands of warrant fabrication from police officers should contact a Colorado-based police misconduct attorney today.
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