QUESTION
If my husband was followed by a cop without any reason, is this harassment?
Asked on Mar 09th, 2014 on Criminal Law - Colorado
More details to this question:
My husband was arrested a few months ago by a small county cop due to a family issue. All felony charges were dropped and a summary offense of trespassing was issued. The cop expressed his displeasure over the ruling. Well, last week my husband was driving home, the cop pulled out behind my husband and followed him approximately 3 miles outside of his jurisdiction till my husband crossed township lines. When asked other than suspecting his license was suspended, what did he do wrong, the cop answered nothing. No ticket given. Followed my husband a half a mile home. The next day, my husband got a $303 dollar citation in the mail. Was it legal for the cop to pull him over with no other offense and why did he not write the ticket and have my husband sign it during the stop?
3 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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All good questions, retain an attorney.
Answered on Mar 10th, 2014 at 11:35 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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File a complaint with the internal affairs regarding this COP and fight the ticket may be hiring a lawyer.
Answered on Mar 10th, 2014 at 11:35 PM
No, a cop must have a reason to pull a car over. The reason can be just a thought that a law is or was broken - this can be any traffic code violation. Absent this, your husband's fourth amendment rights were violated- an officer cannot stop you just to see if you are doing anything wrong. It's not a case of harassment but a civil rights issue of your husband's right to be free from unreasonable governmental intrusion.
Answered on Mar 10th, 2014 at 11:34 PM