In a lawsuit filed in federal court March 28, attorneys for the American Civil Liberties Union of Colorado alleged that the Denver Police Department engaged in racial profiling and biased policing when it targeted Denver resident Jose Sanchez, detained him without reasonable suspicion, and falsely accused him of being an “illegal immigrant.” Officers for the DPD then illegally arrested Sanchez for supposedly providing “false identification,” and illegally entered and searched the home of his girlfriend, Joshinna Carreras, without a warrant.
The supposedly “false” identification was a current and valid photo ID card issued by the Department of Homeland Security, which confirmed Mr. Sanchez’s legal presence and authorization to work in the United States.
Sanchez was jailed for five days, causing him to lose his job.
“This case highlights two issues that the Citizens Oversight Board and the Independent Monitor have repeatedly identified as subjects of multiple complaints about Denver police: Racial profiling and illegal entries into the homes of Denver residents,” said Mark Silverstein, ACLU of Colorado Legal Director. “Denver police need to base their policing on evidence, not biased stereotypes and they need to respect the Fourth Amendment’s ban on unreasonable searches and seizures.”
These are the facts asserted in the lawsuit:
Mr. Sanchez visited his girlfriend’s home on the evening of July 29, 2010 and stepped outside to smoke a cigarette while his girlfriend, Ms. Carreras, took a shower. While outside, Mr. Sanchez conversed in Spanish with an acquaintance; another Hispanic man. Police officers approached and demanded that Mr. Sanchez identify himself. When he provided his name, police immediately handcuffed him and demanded he produce an ID. He said the ID was in the apartment, and He offered to go inside to retrieve it. Instead, police officers went inside –declaring that they had the “right” to do so, even without asking the consent of Ms. Carreras, who was still in the shower.
They rummaged through Joshinna Carreras’ home and belongings, while she was still in the shower unaware that anyone was in her home. When she came out of her bathroom, startled at hearing strange voices in her apartment, one of the officers told her that Mr. Sanchez had given them consent to search her apartment. That was a lie.
Ms. Carreras finally located Mr. Sanchez’ photo identification in a backpack. The officers seized the valid Employment Authorization card and immediately declared
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