Get Out Your Checkbook, Aurora, CO!

Responding to a tip they considered to be “reliable,” police officers in Aurora, CO stopped all traffic at a downtown intersection two days ago (June 4), removed all of the adult drivers and passengers (40 people) from their vehicles, and handcuffed them. They gathered them together and explained that they were looking for someone who had robbed a Wells Fargo Bank.

Aurora Police Department Officer Frank Fania told ABC News,

We didn’t have a description, didn’t know race or gender or anything, so a split-second decision was made to stop all the cars at that intersection, and search for the armed robber.

Officer Fania said everyone consented to a search of their vehicle. When the officers finished searching a vehicle without finding the gun they were looking for, they released the driver and any passengers who were in the vehicle. The searches lasted approximately two hours as they systematically searched every vehicle at the intersection.

Eventually they found what what they were looking for in the last vehicle they searched: two loaded semiautomatic handguns. They arrested the suspect and took him to jail.

This was a flagrant violation of the Fourth Amendment which prohibits police officers from stopping a vehicle unless they have a reasonable suspicion that a person in that vehicle has committed, is committing, or is about to commit a crime.

A reasonable suspicion is more than a mere hunch. It requires articulable facts and circumstances that would cause a reasonable person to suspect that a particular individual had committed, was committing, or was about to commit a crime.

Apparently, Officer Fania was looking for a particular weapon, which he believed was concealed in one of the vehicles at the intersection, but he did not have a description of the robber or the vehicle the robber was driving or in which he was riding. Therefore, every vehicle the police stopped was an unlawful stop, including the stop of the vehicle that contained the person they subsequently arrested.

His case should be dismissed and 40 adults have valid lawsuits against the police department and the city for violating their right to privacy under the Fourth Amendment because this was a clear violation of the United States Supreme Court’s decision in City of Indianapolis v. Edmund, 513 U.S. 32 (2000).

Message to Aurora: Get out your checkbook!

14 Responses to Get Out Your Checkbook, Aurora, CO!

  1. Concerned Citizen says:

    Hey there well here an update this will take about 2 yrs we are told to hush and not to talk to others of the case will be all find out which path this will go will keep you updated as I can Didn’t get to call your friend Mr.Pozner

  2. Concerned Citizen says:

    So I am gonna erase the last comment I posted as both are the same I was just confused we are suppose to have a meeting with another lawyer who is pretty well known on Wednesday if for some reason that doesn’t come through I will be contacting Mr.Pozner .Mr.Leatherman you been awesome .

  3. Concerned Citizen says:

    Are these either Mr.Pozner you speak of Mr.Leatherman ? or are they both one of the same ? Thank you ahead of time again sir for your time .http://www.pozneranddodd.com/about/authors/pozner.html
    Or this one http://www.rplaw.com/larry-pozner/

  4. Concerned Citizen says:

    Thank you Mr. Leatherman I got a question are you ML Jr. ? Just wondering you have great one .

  5. Concerned Citizen says:

    Well sir I am a husband of one of the innocent families which were placed in harms way including all the other travesties this story is more then what’s being told and also as far as complaints people are getting told mind your own,my family and I went and filed a complaint with Internal affairs what I found interesting is that I.A are also the cops who were at the robbery in uniform ,I doubt our complaint will go far but it was a must before we could pursue any further.I would like to think it’s as easy to get a lawyer who would represent the innocent people ,I have called about 2 lawyers one was a civil rights lawyer and a constitutional lawyer who said to me you have nothing to sue on you have to be harmed to sue,I replied you mean to tell me that someone needs to be dead or beaten for it to be something of concern ,the lawyer replied yes I hanged up with confusion .Second one said that all they could think of was probable cause then sent me an email that said we can’t take the case because my family pretty much ain’t dead or beaten up .Now deep down inside me knows this is and was so wrong in so many ways I feel this lack of lawyers who studied law all for the wrong reasons so we are stuck trying still to locate a compassionate lawyer any advice sir ? Thank you sir if you reply .

    • A person must suffer harm caused by another in order to have a viable lawsuit. Emotional distress caused by by being handcuffed in a public place is a form of harm, but the harm must be documented by seeing a qualified psychologist or mental health practitioner.

      There may also be some other forms of harm, such as a lost business opportunity caused by the delay, emotional distress suffered by a child who witnessed a parent being arrested, etc.

      Basically any harm or injury, including severe emotional distress, that would not have happened but for the incident.

      I recommend calling Larry Pozner in Denver. He is a former president of the National Association of Criminal Defense Lawyers (NACDL) and I know him personally. He’s an excellent lawyer.

      • Concerned Citizen says:

        Thank you Frederick Leatherman I will be posting more information in a bit I been doing so much research calling so many people to gather as many innocent people who got victimized and for as much evidence as I can get my hands on .It seems most the lawyers here practiced the police policy as law instead of studying the U.S constitution,Civil rights,Bill of Rights,Common law,etc .Corruption isn’t lacking here in this State .

      • Concerned Citizen says:

        Also Frederick Leatherman I would like to say you have a strong first name as I have done some research on Frederick Douglass what a great fighter I have added you on Facebook I will send you a message you will be able to see all the work I have done for this travesty I do thank you and I will be calling your friend Larry Pozner in hope he studied law like you and all the others legal expert professors who are informing the innocent people how APD violated there rights and all should sue .PS our family and all the innocent people want is justice not just for us but the innocent bystanders who also were in harms way and for the future people who I hope never have to be forced into a nightmare like this one .

  6. mzchief says:

    Recommended! Also, thank you for your very informative and continuing series of analyses regarding the Trayvon Martin murder case.

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