A warrantless search requires probable cause. A traffic violation is not probable cause.NYS is "Implied consent"... So end of story regardless of probable cause or justification! They were violating V&T law, and that gives cause enough. Wasn't like a roadblock or anything that swept up a driver out for a cruise and the officer wanted to search, that in my mind is entirely different! And 2 wrongs, don't make it right! If it's illegal, it's illegal. Don't do the crime if you can do the time! Lol
Hahaha, but I'm left to wonder, what happened to the other 4 rounds???
Lolz
Pair arrested for possessing a loaded handgun in a vehicle following a traffic stop on the Thruway.
- Thread starter GOYABEAN
- Start date
The context is important... And "Speeding" is certainly enough probable cause to establish the were "running" from something. I don't disagree that to make it "stick" a warrant would make things better, but I have no compassion for idiots! Break only one law at a time... If just out there speeding, would probably walk away, maybe a summons. But these fucking idiots are speeding, have cash from whatever in the car and a firearm... So no. Fuck them and the high horse you wanna out them on
lol
Marine Cpl
.577 Tyrannosaur.
NYS is "Implied consent"... So end of story regardless of probable cause or justification! They were violating V&T law, and that gives cause enough. Wasn't like a roadblock or anything that swept up a driver out for a cruise and the officer wanted to search, that in my mind is entirely different! And 2 wrongs, don't make it right! If it's illegal, it's illegal. Don't do the crime if you can do the time! Lol
Hahaha, but I'm left to wonder, what happened to the other 4 rounds???
Lolz
At first I thought you were being sarcastic. I was about to hit the like button then I realized you were serious. How disgusting and how disgusting of that other clown to like your post.The context is important... And "Speeding" is certainly enough probable cause to establish the were "running" from something. I don't disagree that to make it "stick" a warrant would make things better, but I have no compassion for idiots! Break only one law at a time... If just out there speeding, would probably walk away, maybe a summons. But these fucking idiots are speeding, have cash from whatever in the car and a firearm... So no. Fuck them and the high horse you wanna out them on
alistair
6.5 Creedmoor
Anyone caught carrying a Bersa .38 needs to be arrested......
spat
.700 Nitro Express
Some places in the US the cops will just "confiscate" it and not ever charge you with a crime.
Some of the complaints the left have are legitimate.
Lolno.
The context is important... And "Speeding" is certainly enough probable cause to establish the were "running" from something. I don't disagree that to make it "stick" a warrant would make things better, but I have no compassion for idiots! Break only one law at a time... If just out there speeding, would probably walk away, maybe a summons. But these fucking idiots are speeding, have cash from whatever in the car and a firearm... So no. Fuck them and the high horse you wanna out them on
Wut?
Your problem, isn't my problem... I don't give a shit what you think honestly. I don't post for validation from others, I post my thoughts, simply... You think though for some reason that what you think matters to me, and it may come as a surprise, but it doesn't. Thanks for caring anyways!
I'm just tired of all the bullshit... And really tired of all the choir boys getting caught doing something wrong for the first time that they really didn't mean to do what they were doing and that they'd promise to never do it again if they just got a second chance. Fuck em' all... And just because a person has a firearm on their possession doesn't make them innocent "just because"...
Ok, lemme go finish eating!
Thank you for your thoughts. Unfortunately for you, they have no basis in fact. Probable cause of a crime must be established. A traffic violation does not come remotely close to reaching the standard. Even if it did, what would a car search have to do with it? They were already observed speeding. Looking in the trunk or glovebox will not reaffirm or show evidence of the vehicles speed.The context is important... And "Speeding" is certainly enough probable cause to establish the were "running" from something. I don't disagree that to make it "stick" a warrant would make things better, but I have no compassion for idiots! Break only one law at a time... If just out there speeding, would probably walk away, maybe a summons. But these fucking idiots are speeding, have cash from whatever in the car and a firearm... So no. Fuck them and the high horse you wanna out them on
A swing and a miss!
There are so many that have no understanding at all about police work. They read, they watch videos and they talk to friends that are on the job and think they are experts.
I am here to tell all, there are so many work arounds in police work, work arounds that are legal, distasteful, but legal. @Cooolone is kind of correct in his previous statements. Much of the work that Police do is summed up in their articulation of the incident. Articualtion is the key to a successful search/arrest/detainment and so on.
I am here to tell all, there are so many work arounds in police work, work arounds that are legal, distasteful, but legal. @Cooolone is kind of correct in his previous statements. Much of the work that Police do is summed up in their articulation of the incident. Articualtion is the key to a successful search/arrest/detainment and so on.
And then have it hold up under cross examination in court. Speeding as a cause to search a car isn't going to fly in all but the most egregious cases. In this case, it doesn't matter because consent was established so all we're doing is making up fake hypotheticals and pissing into the wind with whatever our minds have made up as the outcome being.
I am not necessarily talking about this exact case...
In all my years in LE, I am still amazed at how well some officers can articulate an incident and how well they tell the story.
Marine Cpl
.577 Tyrannosaur.
Your opinion is just as valid as mine. You think because you are doing 65 mph on a 55 that that should give police probable cause to search your person and effects. I do not and have every right to say so. I also have the right to say that it goes against the Constitution.
Whether you get angry about your opinion being challenged or not, is not my problem.
If all you want is total agreement on everything that you say then perhaps you should post your thoughts via PM to only those that you know will agree with you. This is a public forum. It’s sole purpose is for people to discuss things. Not for 100 percent total agreement.
There's something seriously wrong with your ability to comprehend written words!
I didn't and don't get angry about posts on the internet, you're the one who directly addressed "me" and used a descriptive. In contrast, my post was about the individuals and the event. Maybe you should find someone else's leg to piss on!
spat
.700 Nitro Express
Unfortunately in the real world, speeding gives the officer the probable cause necessary to get you to roll down the window while he is standing there.
Then he can "smell something" and search based on that.
An ethical officer will not do that unless he really smells evidence of something illegal, but unfortunately there is no penalty for an officer who acts unethically in this circumstance, and plenty of incentive for them to act that way.
Once he claims he "smelled something" whatever he finds is fine. No pot, no big deal, but if he found a 15rnd mag while he was looking for the non-existant pot you're screwed.
How many times do you think an officer could do that with no finding of weed without action being taken? If every search based on the smell turned up none that clock would run out rather quickly. It’s not the Wild West.
Marine Cpl
.577 Tyrannosaur.
Over and over each and every time he can do that. He must have smoked it before they got in the car.
Wonder how this would hold up in a post COVID world.
Marine Cpl
.577 Tyrannosaur.
They could care less. About a month ago, I was held up in a long line at a DWI checkpoint. The trooper asked me to roll down my window. He lowered his mask and put his head almost in my car. He asked me stupid questions. Did I drink today? Where am In going? Where am I coming from? I only gave one word answers. He asked me if I always talk in one word answers and I said that I do when I’m pissed off. I lost a lot of time in this fishing expedition. I was forced to answer questions that I do not need to answer but did anyway because failure to answer will put me in secondary. Furthermore, you potentially exposed myself from yourself or I may have exposed you. For what?
He then said that I was free to go.
spat
.700 Nitro Express
When you have to testify in court as to the search and what legally triggered it. When you keep going and your searches never turn up what your cause was there's going to be problems. This isn't the Wild West.
spat
.700 Nitro Express
It's not tracked.
You testify 100 times that you smelled pot but found a gun.
They must have smoked the pot yesterday.
This guy claims he is more reliable than a blood test for detecting if someone is impaired.
Magical Cop Detects Drugs Better Than Blood Tests; Continues To Lock Innocent People Up
In court filings, testimony, and warrant affidavits, law enforcement officers refer constantly to their “training and expertise.” Given enough time on the job and enough laser-printed c…
www.techdirt.com
Can't cite 1 story. And its reasonable that the cop would be before the same courts and the same people over and over. It wouldn't pass the smell test. Not many are willing to risk their careers and pension either.It's not tracked.
You testify 100 times that you smelled pot but found a gun.
They must have smoked the pot yesterday.
This guy claims he is more reliable than a blood test for detecting if someone is impaired.
Magical Cop Detects Drugs Better Than Blood Tests; Continues To Lock Innocent People Up
In court filings, testimony, and warrant affidavits, law enforcement officers refer constantly to their “training and expertise.” Given enough time on the job and enough laser-printed c…
spat
.700 Nitro Express
Risk their careers and pensions ?
What risk ?
The worst that would possibly happen would be a supervisor says "hey, you need to be a bit more careful".
If they keep getting arrests for other stuff by doing it they'll get high fives, not reprimands.
If they do a dozen searches and only make one arrest, who would even know ? The only things making it to court would be when they find something else to arrest for. Worst they would get would be a warning not to waste too much time.
The guy in the story above had his entire department backing him.
When the blood tests came back negative they said "yea, they do that all the time, they aren’t reliable". They were convinced that the drugs were real on this guys say so and it was the lab that was wrong.
ok. I guess nobody ever makes complaints.
also you cite 1 guy.
how do we know about it?
because he was caught.
case closed.
spat
.700 Nitro Express
I cited one whole department. That rallied around the guy. Their official position is that the officer is right and the test is wrong. Hundreds of times. And across multiple types of test and labs.
The guy is still out there doing it as far as I can tell.
So, no he wasn't "caught".
He did this to hundreds of people for many years, and it's only widely known because the local news did a story.
There are probably thousands more like him out there that you don’t know about.
How would you even find them ?
Can you find any examples of an officer seriously disciplined for it ?
nortatoga
.338 Win Mag
Where in this report does it say that the Trooper smelt pot???
Albany, NY – On September 13, 2020, at approximately 12:00 a.m., State Police stopped a vehicle on I-87 in the city of Albany for a vehicle and traffic violation. While interviewing the driver, Juwon E. Brown, 24, of Albany, NY, probable cause to search the vehicle and the occupants was established. Both the driver and passenger, James W. Jackson Jr., 22, of Troy, NY, were taken into custody after Troopers discovered a Bersa .380 pistol, loaded with a magazine containing 3 rounds, in the vehicle.
Brown and Jackson were transported and processed at SP Albany where they were charged with Criminal Possession of a Weapon 2nd degree (Loaded Firearm other than in a person’s home/business); a Class C Felony.
The pair were arraigned before the City of Albany Court. Brown was remanded to Albany County Jail in lieu of $25,000 cash bail. Jackson was remanded in lieu of $5,000 cash bail.
Both are to re-appear before the City of Albany Court on September 17, 2020 at 9:00 a.m.
Really some imaginations here for sure!!
Albany, NY – On September 13, 2020, at approximately 12:00 a.m., State Police stopped a vehicle on I-87 in the city of Albany for a vehicle and traffic violation. While interviewing the driver, Juwon E. Brown, 24, of Albany, NY, probable cause to search the vehicle and the occupants was established. Both the driver and passenger, James W. Jackson Jr., 22, of Troy, NY, were taken into custody after Troopers discovered a Bersa .380 pistol, loaded with a magazine containing 3 rounds, in the vehicle.
Brown and Jackson were transported and processed at SP Albany where they were charged with Criminal Possession of a Weapon 2nd degree (Loaded Firearm other than in a person’s home/business); a Class C Felony.
The pair were arraigned before the City of Albany Court. Brown was remanded to Albany County Jail in lieu of $25,000 cash bail. Jackson was remanded in lieu of $5,000 cash bail.
Both are to re-appear before the City of Albany Court on September 17, 2020 at 9:00 a.m.
Really some imaginations here for sure!!
spat
.700 Nitro Express
"probable cause to search the vehicle and the occupants was established"
Since they didn’t spell out *how* probable cause was obtained people are just assuming they used their go to BS method.
It certainly could have been something else. They have an assortment of BS excuses.
It could even have been a legitimate reason for all we know, but probably not.
nortatoga
.338 Win Mag
I read it as they consented to a search. There is no mention of weed as is the usual case. Therefore nothing to support your claim or suggestion of wrongdoing. Cause was established. The easiest way to get cause established is the driver saying “yes”.