What are a person’s rights regarding a stop and arrest?
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What are a person’s rights regarding a stop and arrest?
There was recently an incident where my girlfriend and I were pulled over while giving a ride to a kid. Not knowing our rights, and not thinking anything wrong, we consented to a search. The kid was found to have something on his person, so we were all arrested. The police just called my girlfriend and let her know that they would “drop the charges and release the car back to her” only if she “agreed never to talk to me or see me again”. Is this lawful? Is it legally binding if she doesn’t sign anything? Is it a first amendment violation?
Asked on October 7, 2012 under Criminal Law, Colorado
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I suggest that both you and your girlfriend consult with a criminal deefnse attorney about the criminal matter that you are writing about. Given the stop and the consent given to search your car such seems allowable under the laws of all states by the police officer.
However, the condition of the dismissal of the charges against you and your girlfriend never having contact with each other is improper under the law.
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