Not every encounter with law enforcement in Denver is lawful. Police stops must comply with constitutional standards for protection against unlawful searches and seizures. When these standards are not met, your Denver criminal defense lawyer can challenge the evidence obtained during the stop. In some cases, this could result in reduced criminal charges or even dismissal.
If you are charged with a driving criminal case in Denver, the criminal defense team at The Law Office of Kimberly Diego can assess whether your stop was lawful. They will evaluate the circumstances of the police stop, identify potential constitutional violations, and develop a defense strategy to protect your rights. Early review of your case can make a difference in the outcome, particularly when evidence obtained during an illegal stop is central to the prosecution’s case.
The Fourth Amendment and Reasonable Suspicion
The Fourth Amendment is a key part of the U.S. Constitution that protects against unreasonable searches and seizures, including traffic and pedestrian stops. Law enforcement officers cannot detain or search you without a valid legal justification. In most cases, a stop must be based on reasonable suspicion, specific and articulable facts suggesting that criminal activity has occurred.
Reasonable suspicion is a lesser standard compared to probable cause, but it still requires more than a mere hunch or guess. For example, a vehicle weaving across lanes, running a red light, or matching a description of a suspect may justify a lawful traffic stop. Pedestrian stops, often referred to as Terry stops, must also be supported by objective facts indicating criminal activity, such as suspicious behavior in a high-crime area.
How a Denver Criminal Defense Lawyer Can Challenge an Illegal Stop
When facing charges arising from a police stop, a Denver criminal defense attorney can employ multiple strategies to challenge the legality of the detention. Each approach focuses on different legal or procedural elements to protect your constitutional rights and, potentially, secure the suppression of evidence.
Lack of Reasonable Suspicion or Probable Cause
A fundamental way to challenge a stop is to argue that law enforcement did not have a valid legal basis to detain you. In traffic stops, officers must identify a specific violation, such as speeding, failure to signal, or unsafe driving. For investigative or pedestrian stops, they must demonstrate observable facts that reasonably suggest criminal activity. If the stop was based on vague hunches, profiling, or subjective impressions, a lawyer can assert that it violated the Fourth Amendment and demand suppression of evidence.
Procedural Errors During the Stop
Even if an officer has some justification to initiate a stop, errors in following proper procedure can render the stop unlawful. Examples include failing to identify themselves properly, exceeding the scope or duration of the stop, or not adhering to checkpoint regulations. A defense attorney can review reports, recordings, and other documentation to highlight these errors. By demonstrating procedural missteps, the lawyer can argue that evidence collected during the stop should not be admitted.
Challenging the Validity of Searches or Seizures
Many illegal stop cases involve warrantless searches conducted during the detention. An attorney can examine whether officers had the legal right to search your vehicle, belongings, or person. Searches conducted without probable cause, consent, or exigent circumstances may be challenged. If successful, this strategy could render any evidence obtained during the search inadmissible at trial, thereby weakening the prosecution’s case.
Questioning the Accuracy or Credibility of Evidence
Lawyers often scrutinize dashcam footage, body camera recordings, and officer statements for inconsistencies or errors. Discrepancies between recorded evidence and officers’ reports may indicate that the stop or subsequent actions were misrepresented. Attorneys can also highlight contradictions between witness accounts and official statements.
In some cases, attorneys may introduce traffic safety experts or neutral witnesses to support claims that the stop was improper or excessive. Experts can explain standard policing procedures and demonstrate how the officer’s actions deviated from legal norms. Witness testimony can build your account of the stop or highlight unsafe practices. This evidence can strengthen arguments for suppression, showing the court that the stop or the resulting evidence was flawed.
A Criminal Defense Lawyer in Denver Can Help Protect Your Rights
If you’ve been stopped by police in Denver and are facing criminal charges, the legality of that stop could have a major impact on your case. Kimberly Diego may challenge the stop as unlawful, potentially resulting in reduced charges or dismissal. Working with a skilled Denver criminal defense lawyer can ensure your rights are fought for from the outset. Engage The Law Office of Kimberly Diego quickly to retain control of your case and safeguard your constitutional rights.
