Legal Question in Criminal Law in Colorado
Illegal Search and Seizure
When an officer(s) inquire about a car at a motel room and the owner of the car steps outside and resolves the issue, and the officer goes further and inquires who was in room, asking for id's and without knowledge or permission enters room and retrieves contents of another room and proceeds to arrest the person renting the room but releases on pending charges , is the person arrested wrong for not going to station and signing a consent for search and seizure and can a warrant be issued for their arrest due to evidence later obtained from contents of room?
1 Answer from Attorneys
Re: Illegal Search and Seizure
A person is never required to consent. Cop does not need consent if he has a warrant or exigent circumstances. Otherwise, cop needs your consent. If later warrant is issued on basis of illegally obtained evidence, it can be deemed invalid.
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