Man Charged with Violating the New York Safe Act-3 Magazines over 10 rounds

[TapcoFan]

No. The government may not have been able to prove beyond a reasonable doubt that the defendant was DWI, but that does not mean that the grounds for the stop were constitutionally impermissible. The fruit of the poisonous tree doctrine would only apply if the seizure and ensuing search violated the defendant's 4A rights.
Just because a gang member was acquitted for murder doesn't mean the crack in his pocket is excludable evidence.
A better lawyer won't help the defendant any more than his current counsel with respect to suppressing evidence.

 

[MRM]

So the reason for the stop and arrest he was acquitted on? Wouldn't anything found after that be fruit of the poison tree? Sounds like he could have used a more experience lawyer.

Recent supreme court ruling on exactly this. https://www.theoutdoorstrader.com/t...hts-beaten-back-by-the-supreme-court.1186425/
*The officer did not have probable cause in that case*
The fruit thing is no longer.
The additional evidence gathered after a no probable cause stop was allowed.

Oh, and if I recall carrectly, ol Ruth g didn't like that at all.

 

[baxterday]

Recent supreme court ruling on exactly this. https://www.theoutdoorstrader.com/t...hts-beaten-back-by-the-supreme-court.1186425/
*The officer did not have probable cause in that case*
The fruit thing is no longer.
The additional evidence gathered after a no probable cause stop was allowed.

Oh, and if I recall carrectly, ol Ruth g didn't like that at all.

Yet another erosion of our right's. I do remember that case, it was a traffic stop, I couldn't believe they handed the government even more authority to screw with the public. That ruling basically said there are no bad traffic stops, a "whim" is now PC.

 

[TapcoFan]

Yet another erosion of our right's. I do remember that case, it was a traffic stop, I couldn't believe they handed the government even more authority to screw with the public. That ruling basically said there are no bad traffic stops, a "whim" is now PC.

It's not PC, it's just a reasonable suspicion. Need PC for something functionally equivalent to an arrest, but not a Terry stop.

 

[baxterday]

It's not PC, it's just a reasonable suspicion. Need PC for something functionally equivalent to an arrest, but not a Terry stop.

Terry was decided a long time before the case we are referencing. I understand what PC is as well as reasonable suspicion, I had to articulate it many times. This was a case where there was a mistaken reason for the stop.

 

[TapcoFan]

Terry was decided a long time before the case we are referencing. I understand what PC is as well as reasonable suspicion, I had to articulate it many times. This was a case where there was a mistaken reason for the stop.

And? Terry is still good law. Even if there is a mistaken reason for the stop, it's not part of the calculus in an objective test such as the one for reasonable suspicion. The poor guy is totally screwed.

 

[8675309]

land of the free

 

[palmettomoon]

Glock sticker in your bback window and you are driving in NY? Terry stop. Highly likely you are engaged in very dangerous criminal activity since most Glocks use hi cap mags and you might have one in your vehicle. Good stop I guess.

 

[jeffk14]

Great opportunity for jury nullification here. Also, any cops who choose to enforce these types of unconstitutional laws are nothing more than jackbooted thugs.

 

[RamRoddoc]

New Yorker avoids years in prison over Glock mags, vows to appeal conviction

http://www.guns.com/2017/10/26/new-...on-over-glock-mags-vows-to-appeal-conviction/

During a 2016 traffic stop, police found three loaded Glock 17 magazines, a crime which, after a jury trial, left him facing as much as 21 years in prison for three counts of third-degree criminal possession of a weapon.

However, Niagara County Judge Matthew Murphy this week handed down a sentence of 15 hours of community service and about $500 in fines and fees. The judge said he had never received more mail on a case than he had on Mokhiber’s, which has been embraced by Second Amendment advocates, but cautioned his ruling was not “a commentary” on the SAFE Act.

Nonetheless, Mokhiber, a former paratrooper, plans to appeal the conviction. “I think that the SAFE Act is clearly unconstitutional,” Mokhiber said. “The Second Amendment is only one sentence long. It’s written in plain English, that one sentence and the SAFE Act clearly violates it. It’s not a complicated matter.”