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Cop cannot ask if vehicle occupant has a gun -- court ruling NY - 4th amend

davidmcbeth

davidmcbeth

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“[T]he police may not ask an occupant of a lawfully stopped vehicle if he or she has any weapons unless they have a founded suspicion that criminality is afoot.” The search here was invalid. People v. Wideman, 2014 NY Slip Op 06698, 2014 N.Y. App. Div. LEXIS 6678 (4th Dept. October 3, 2014):


http://fourthamendment.com/?p=13616



Interesting...
 
Primus

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davidmcbeth said:
“[T]he police may not ask an occupant of a lawfully stopped vehicle if he or she has any weapons unless they have a founded suspicion that criminality is afoot.” The search here was invalid. People v. Wideman, 2014 NY Slip Op 06698, 2014 N.Y. App. Div. LEXIS 6678 (4th Dept. October 3, 2014):


http://fourthamendment.com/?p=13616



Interesting...
Click to expand...
What????? Another case in favor of citizens?? The police are smacked down again? No way...

In NY?? The bastion of oppression and tyranny??

Sorry couldn't help it guys. :D
 
Primus

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Actually on top it says they can't even ask for a consensual search of the vehicle without some kind of RAS. Another win.
 
OC for ME

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Primus said:
What's allowed and what case? In may state I can ask all I want. But they can also tell me to kick rocks. But I ask really nicely.:D
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Thou dost miss the point...again. Why would you ask in the first place[SUP]1[/SUP].





[SUP]1[/SUP]State law may require notification.
 
J

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"Stop and frisk" was supposed to end in NYC by court order as well. It hasn't.


The ruling in the OP will be disregarded whenever an officer feels like it.
 
OC for ME

OC for ME

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Primus said:
[strike]Why would I ask you? I wouldn't ever.[/strike]

Would I ask others? Yes.
Click to expand...
That's very true cuz the chance of we meeting, where you are a uniformed cop and me a motorist, in MA, is zero. So, the only valid portion of the above post is the second phrase.
 
Primus

Primus

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OC for ME said:
That's very true cuz the chance of we meeting, where you are a uniformed cop and me a motorist, in MA, is zero. So, the only valid portion of the above post is the second phrase.
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You missed the point of me saying that. Either intentionally or otherwise.

Even if you were directly in front of me on a stop I doubt I would ask to search. You wouldn't meet the criteria (i cant be certain, but i sincerely doubt it) and I don't hassle random citizens for no reason.
 
J

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Primus said:
You wouldn't meet the criteria.
Click to expand...

"Meet the criteria" like maybe a frisbee golfer for instance?

Profiled for disk golfing
http://www.youtube.com/watch?v=GPo7vW3mxx0

ALL citizens "meet the criteria". In some way we are all breaking one "law" or another, there are tens of thousands to choose from. It just depends which LEO you come across and how much of a goosestepping Nazi he/she is.
 
Primus

Primus

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Jeff. State said:
"Meet the criteria" like maybe a frisbee golfer for instance?

Profiled for disk golfing
http://www.youtube.com/watch?v=GPo7vW3mxx0

ALL citizens "meet the criteria". In some way we are all breaking one "law" or another, there are tens of thousands to choose from. It just depends which LEO you come across and how much of a goosestepping Nazi he/she is.
Click to expand...
You my friend are also missing the point. Intentionally.

I'm showing an example of NOT harassing citizens for no reason. Instead you twist it into "goosestepping" lol. :D
 
J

Jeff. State

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Primus said:
You my friend are also missing the point. Intentionally.

I'm showing an example of NOT harassing citizens for no reason. Instead you twist it into "goosestepping" lol. :D
Click to expand...

I know exactly what you mean, and I believe you when you say you don't go around harassing citizens. It's your "brothers and sisters" in blue I'm talking about.
 
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