NYC trouble - threads merged on 12.4

[The Old Jaybird]

Ditto from an old guy with nothing better to do.

 

[Falcon1]

Definitely in.

 

[Horsehat]

What's happening with this?

 

[StuP]

I'd like to know the status. The AP charge seems to be clutching at straws, (from the extract of the statue posted), but I hope the felony has been negotiated away some how.

 

[Ken Ford]

I'm not smart on things like this, but what makes it an illegal search? He consented.

He would have to show that he was somehow pressured into the search and it wasn’t based on that pressure, and thus the consent wasn’t given freely.
Once consent is given they can search anything and anywhere in that vehicle and persons property. However consent can be withdrawn at anytime, then the officers would have to prove they already have found PC or reasonable articulable suspicion to continue the search without permission.

 

[BanjoJohn]

He would have to show that he was somehow pressured into the search and it wasn’t based on that pressure, and thus the consent wasn’t given freely.
Once consent is given they can search anything and anywhere in that vehicle and persons property. However consent can be withdrawn at anytime, then the officers would have to prove they already have found PC or reasonable articulable suspicion to continue the search without permission.

And if you don't give them permission freely to forfeit your Constitutional right, the majority of LE will ask you "Well, what are you hiding".
When you deny their illegal search, that brings on their PC or reasonable articulable suspicion to start searching without permission.

 

[Ken Ford]

And if you don't give them permission freely to forfeit your Constitutional right, the majority of LE will ask you "Well, what are you hiding".
When you deny their illegal search, that brings on their PC or reasonable articulable suspicion to start searching without permission.

No, no it doesn’t. But that’s what you want to believe so go right ahead.

 

[StuP]

I suspect if they really want to search, they'll find some pretext too. Tough to win an argument when you're roadside with 3 officers unless you're an attorney.

 

[BanjoJohn]

No, no it doesn’t. But that’s what you want to believe so go right ahead.

So the cops extra keen sense of smell isn't probable cause?
The first thing a new recruit for LE has to learn is how to lie.

The old saying, "you have to hire criminals to catch criminals" They should have had them all rounded up decades ago.

So you are going to tell these folks that cops don't get pissed off when you object to them abusing your Rights?

 

[Realtor]

this guy is screwed - **** NY