• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Another 4th amend case - 20-25 cops to arrest one guy

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
http://www.courts.state.ny.us/reporter/3dseries/2015/2015_08445.htm

Eventually there were 20 to 25 officers at the scene....

Moreover, contrary to the suppression court's findings, it is of no avail that the contraband was found in plain view, since the patrol officers' warrantless entry was illegal (see People v Knapp, 52 NY2d at 697; compare People v Stanislaus-Blache, 93 AD3d 740; People v George, 7 AD3d 810).



Most of the charges against this poor guy who did nothing wrong other than walk on a public street, were reversed. He was not found guilty of any gun charges although he was carrying.

This case illustrates : 1) how law enforcement reacts to a LAC and 2) how the war on drugs is so stupid and 3) that the government does not believe that the constitution exists
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,950
Location
Cincinnati, Ohio, USA
When Officer Nozdrovicky and his sergeant began to exit the police vehicle, the defendant turned and ran. As the defendant turned to run, Officer Zozzaro, who was driving the police vehicle, saw what appeared to be the handle of a gun under the defendant's jacket in the rear of his waistband or belt.
This is just another case where the cops see something that can't be seen by ordinary observation.
 
Top