My question involves civil rights in the State of: CO
Hey guys. Quick question. Should be pretty easy. I just wanted to confirm if this is an obvious infringement on my fourth amendment rights or not, and if the police are liable in a 42 USC court for not having arguable probable cause.
Location in question is the 29th Street Mall private drives in Boulder, CO.
And so, this led me to look up the definition of "street" -- which can be found in their Municipal Code Section 7-7-1:Quoting Municipal ordinance in question is Boulder Municipal Code 5-6-16:
So... the private drives of the 29th Street Mall are all obviously private property, and the parcels when looked up in Boulder's city and county maps reflect that there are definitely no "property boundary lines" to which they exist between -- because obviously they, and the whole area of the mall, is undisputed private property. These are not public streets in any way, shape, or form.Street means the entire width between the property boundary lines of every way
publicly maintained when any part thereof is open to the use of the public for purposes of
vehicular travel and includes, without limitation, alleys or the entire width of every way
declared to be a public highway by any law.
The police officers told me I was "standing in a median less than 30 feet wide." When I got to municipal court, they dropped the charges instantly, saying in their motion to dismiss that they were "unable to establish each and every element beyond a reasonable doubt."
A clear and obvious violation of my fourth amendment rights because the officer didn't even have his definitions correct? Or can he claim "I thought he was on a median!" even though he clearly thought wrong that I was on a public street.
PS- I pointed to the "private street, no city maintenance" signs right behind me, of which he ignored and pretended didn't exist. Actually, when asked, his supervisor said the private drive I was on was still "maintained by the city for the purposes of enforcing said municipal code."
I say hogwash. What do you guys say?