NYC trouble - threads merged on 12.4

[JLas]

in for updates. Feel bad for the guy.

take a deal if its for no felony and no time served.

 

[inkandammo]

Perhaps opening locked containers? Sounds like the cops were fishing.

It's more along the lines of fishing expedition. Out of state license plate. Dumb kid in the city. Very high likelihood they will find some things. There wasnt any intent to have probable cause. The probable cause was that he's an out of towner...something was gonna turn up

No doubt on the fishing and the dumb kid in the city. Again, I'm no lawyer and not up on NYC laws, but if he consented to a vehicle search would not that consent covered anything in the vehicle, locked away or not? There must be something to it if the lawyer thinks he can get it tossed

 

[Falcon1]

No doubt on the fishing and the dumb kid in the city. Again, I'm no lawyer and not up on NYC laws, but if he consented to a vehicle search would not that consent covered anything in the vehicle, locked away or not? There must be something to it if the lawyer thinks he can get it tossed

Sounds like a bargaining chip to get the felony dropped to a misdemeanor with a long shot to use it as a defense and win.

 

[jeep78]

No doubt on the fishing and the dumb kid in the city. Again, I'm no lawyer and not up on NYC laws, but if he consented to a vehicle search would not that consent covered anything in the vehicle, locked away or not? There must be something to it if the lawyer thinks he can get it tossed

If it was along the lines of a Terry Search, that is supposed for the officer's safety, and refers to items accessible to the driver.

It does not, for instance, allow them to search your hard drive of your laptop for contraband.

This search sounds like something between the two.

Don't know, but I doubt the officer can cite believable PC for a stored firearm in the trunk. The DA will have to work to make it stick, how hard does he really want to push this one?

 

[Falcon1]

Also how much more $$$$$ are we talking to fight this for a couple years with a good chance you will still end up with the felony?

 

[inkandammo]

If it was along the lines of a Terry Search, that is supposed for the officer's safety, and refers to items accessible to the driver.

It does not, for instance, allow them to search your hard drive of your laptop for contraband.

This search sounds like something between the two.

Don't know, but I doubt the officer can cite believable PC for a stored firearm in the trunk. The DA will have to work to make it stick, how hard does he really want to push this one?

Gotcha

 

[Nuke And Juke]

[QUOTE="jeep78, post: 7247037, member: 7346" how hard does he really want to push this one?[/QUOTE]

As much as $5,000 will take him, which is not very far.

 

[inkandammo]

Sounds like a bargaining chip to get the felony dropped to a misdemeanor with a long shot to use it as a defense and win.

That sounds plausible.

 

[jeep78]

[QUOTE="jeep78, post: 7247037, member: 7346" how hard does he really want to push this one?

As much as $5,000 will take him, which is not very far.[/QUOTE]


As I said on the other thread, that won't even get you through a DUI in Ga. He is talking about permanently losing a Constitutional right, and being bared from eligibility for most professional licenses for life.

This is no time to cheap out, even a year at an average college these days is 5 times that.

 

[StuP]

A lot of people are beaten in legal fights purely because they run out of money. I have a nephew who got busted driving another college kid to buy weed. Not smart in any shape or form. Cost $35k to make it go away. Getting the felony out of the picture would seem the most important thing, any way he can.