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Authors Danny Cevallos

7 days 30 days All time Recent Popular
Danny Cevallos
Danny Cevallos
@CevallosLaw
1] Family handcuffed at gunpoint by police sues Aurora, Colorado. Terrible images in the complaint. These cases are filed all the time. This time it's different: Colorado has a new law.

2] According to the complaint, APD relied on license plate scanner that indicated plt's license plate matched
that of a stolen vehicle. But it was a motorcycle with Montana plates, not an SUV with Colorado plates, which was what plt was driving.

3] This would be a challenge to win in Federal Court. Police "can rely on information obtained from a police computer database in order to establish probable cause." Hughes v. McWilliams, (SDNY 2009).

4] Police reliance on cpu information is "reasonable even if the information is incorrect, provided the police officer did not know or have reason to know that the information was false or unreliable." Arizona v. Evans, 514 U.S. 1, 15-16 (1995).

5] But it seems from the Complaint that the police knew that the vehicles didn't match and possibly that the states were wrong (and aren't motorcycle plates a different size?).
LAW
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