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Question

Can you tell me what constitutes harrassment by the local police

Submitted: 15 days and 19 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Optional Information

State/Country relating to Question: Colorado

Accepted Answer

XXXXXXXXXXX,

The answer to your question is going to be fact dependent. The state of Colorado does define harrassment in section 18-9-111 but police are generally immune from prosecution.

Officers have the right to stop people (or automobiles) to ask questions, to search and seize property, to make accusations when they have probable cause for arrest. Sometimes they use the same kind of behavior just to go on "fishing expeditions." That's when it starts to cross over into the area of harassment.

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If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

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Expert: FranL
Pos. Feedback: 100.0 %
Accepts: 
Answered: 11/5/2009

Attorney

17 years of NYC criminal litigation experience.

15 days and 18 hours ago.

Reply

The police have been going by my house approximately every half hour and spotlighting the entire area, they park in the alley by my trash can with the lights off and if anyone, which the last time was my youngest daughter and her young children, they then turn on all their red, white, and, blue lights. This has happened 2 times within the last 2 weeks. They were outside the front of the house last night, 3 officers taking pictures of my friends car parked half on the curbed sidewalk and in the street, gave him a ticket while not half a block away another car was parked the same way. I have lived here 9 years and we have always parked like that. The police have been called to come here numerous times due to vandalism of my families vehicles, which they are saying is our fault, many of these incidences happened over a year ago, which nothing was done. There has been one citation for loud music, none others

Accepted Answer

XXXXXXXXXXX,

This sounds pretty nerve-wracking. You have to more or less cooperate with them, but at the same time, if you're not the suspect of a crime nor have any reason to think you would be, then you shouldn't have to put up with this.

If you're not already doing this, start keeping detailed written records on what's happening, when and by whom. You can file complaints with the police officer's superiors and with Internal Affairs and continue up the governmental "food chain" right on up to the US Department of Criminal Justice if you can show a strong pattern and practice of harassing activities. You can also retain the services of a local criminal lawyer who can contact the police on your behalf (so that you don't make any statements that can be used against you if they are looking for something) and find out what's going on. If there's something they need to discuss, they can contact your lawyer, but you should be left alone.

You have a Constitutional right to be free of unreasonable police activity. There are some good general articles on this subject here, and here, which will give you some guidelines on how (and how not) to handle this.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

Edited by FranL on 11/5/2009 at 7:39 PM

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Expert: FranL
Pos. Feedback: 100.0 %
Accepts: 
Answered: 11/5/2009

Attorney

17 years of NYC criminal litigation experience.

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