On June 4th 2012 Aurora Colorado police were chasing a bank robbery suspect. They narrowed his location to an intersection but did not have a description of his appearance. So they forcibly dragged everyone in 19 vehicles from their cars at gunpoint, handcuffed them, and detained 40 people for over two hours while they attempted to identify the suspect.
Police Chief Daniel Oates demonstrated his ignorance of the Fourth Amendment when he told CBS in Denver “the ends justify the means” after the illegal round-up snared a suspect. He described the mass detainment and handcuffing as lawful and necessary.
“The law is clear that investigative detentions are lawful for a reasonable period of time,” Oates said. “Reasonableness is determined by the facts and circumstances at issue, and the facts and circumstances were the suspect was in one of 19 cars.”
Oates then apologized to the innocent bystanders who were terrorized.
Probable cause under the Fourth Amendment is in effect when a person is detained or arrested and is not free to leave. Police can only detain a person when facts are sufficient to warrant an arrest or seizure of an individual. A person arrested without probable cause may sue the government and the police.
And so today…. (more…)





