Legal Question in Criminal Law in Colorado

Okay so i live in the state of Colorado and I recently got pulled over for speeding. The cop ended up giving me a seatbelt ticket instead. Now, he had me sign the ticket then he gave it to me explaining that there was no mandatory court and i could just mail in the fine. After he handed me the ticket he told me to step out of my car and sit on the sidewalk, he began to search my car for paraphanilia. He ended up finding something and he then took the ticket which he had already given me and proceeded to scribble out the boxes that stated i didnt have to go to court and checked the mandatory court box. It is my understamding that a cop has to first ask you before they proceed to search your car and not only that but technically i never signed the ticket for paraphanilia since it was altered after i had already signed it, is there anything i could do about this or do you suggest just paying the fine.


Asked on 3/12/12, 11:12 pm

1 Answer from Attorneys
Jason Savela The Savela Law Firm, PC

sounds like a Gant problem - cop cannot search incident to arrest when no evidence of a crime can be found (speeding and seat belt evidence not found by searching car) - also he did not arrest you - did you consent to the search? if so, maybe this is an extended stop

I am not sure what the new ticket is for, but you have to appear - this is likely illegal action by the cop

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Answered on 3/13/12, 1:07 pm


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