Green St drug arrest uncontitutional

Posted in the Utica Forum

watcher

Syracuse, NY

#1 Sep 22, 2013
The guy exited his car, was not under arrest, locked his car and then gave the keys away. Under the 4th amendment the upd had no right to enter the vehicle without his consent which he did not give.
It depends

Utica, NY

#4 Sep 22, 2013
watcher wrote:
The guy exited his car, was not under arrest, locked his car and then gave the keys away. Under the 4th amendment the upd had no right to enter the vehicle without his consent which he did not give.
I would agree with you except that you're taking the arrest out of context. He was stopped due to a traffic violation while driving a vehicle. The fact that he got out of the car..locked it..and threw the keys to someone else screams "probable cause" for a search. I'm all for limiting illegal search and seizure..but your guy opened the door for what happened. He should have stayed in the car and denied permission for a search IF he was asked. At least then he would've had a leg to stand on with the 4th amendment. But his actions gave the cops the perfect excuse to search...which was "probable cause".
watcher

Syracuse, NY

#5 Sep 22, 2013
War on Drugs wrote:
Glad to see u would rather have the drug dealer and drugs on the street.
You seem to have no problem with the government breaking the law as long as its used on 'drug dealers'. How did the police know a gun was in the car? They had a hunch and wanted to see. What if that same officer drives by your house and he feels you looked at him the wrong way?

Would you have a problem with that officer barging into your home at 4am just to 'look around' because he 'has a hunch'.

Equal treatment under the law...
Awww

Herkimer, NY

#6 Sep 22, 2013
He. Is a spratt. He should b mourning the loss if his brother. Rather than. Riding around with dome1. Half his she and tryin to b hamster. Hd just had. 2 brothers charged with the same thing poi fold man on Churchill god b with u brother.
watcher wrote:
<quoted text>
You seem to have no problem with the government breaking the law as long as its used on 'drug dealers'. How did the police know a gun was in the car? They had a hunch and wanted to see. What if that same officer drives by your house and he feels you looked at him the wrong way?
Would you have a problem with that officer barging into your home at 4am just to 'look around' because he 'has a hunch'.
Equal treatment under the law...
teach

Utica, NY

#7 Sep 23, 2013
Awww wrote:
He. Is a spratt. He should b mourning the loss if his brother. Rather than. Riding around with dome1. Half his she and tryin to b hamster. Hd just had. 2 brothers charged with the same thing poi fold man on Churchill god b with u brother. <quoted text>
Ha....Is this Ebonics????
Sgt Shultz

Washington, DC

#8 Sep 23, 2013
Not sure of the exact details of the Green St. arrest but the Carroll doctrine may be in play. Carroll v. United States, 267 U.S. 132 (1925), was a decision by the United States Supreme Court which upheld that the warrantless search of an automobile is known as the automobile exception.
Da Law

Ilion, NY

#9 Sep 23, 2013
watcher wrote:
The guy exited his car, was not under arrest, locked his car and then gave the keys away. Under the 4th amendment the upd had no right to enter the vehicle without his consent which he did not give.
He left his vehicle with an open can of beer and then threw the can away from the site of the traffic stop. Probable cause just for open container and DWI right there.

And it's "unconstitutional", oh Master of the Law. Heh.
OnlyInUtica

Danielson, CT

#10 Sep 23, 2013
Any drug arrest is a good arrest. And the best drug dealer is a dead drug dealer. Any of those POS's ever come close to my children, it will be the day they check out.
OnlyInUtica

Danielson, CT

#11 Sep 23, 2013
There. Some Freedom Of Speech for you, Mr Constitutionality.
hey

Albany, NY

#12 Sep 23, 2013
It depends wrote:
<quoted text>I would agree with you except that you're taking the arrest out of context. He was stopped due to a traffic violation while driving a vehicle. The fact that he got out of the car..locked it..and threw the keys to someone else screams "probable cause" for a search. I'm all for limiting illegal search and seizure..but your guy opened the door for what happened. He should have stayed in the car and denied permission for a search IF he was asked. At least then he would've had a leg to stand on with the 4th amendment. But his actions gave the cops the perfect excuse to search...which was "probable cause".
He exited the driver's side threw a beer can... Also probable cause.
hey

Albany, NY

#13 Sep 23, 2013
It wasn't a drug arrest, it was an illegal handgun arrest. What drugs were present?
Teach what

Worcester, MA

#14 Oct 2, 2013
teach wrote:
<quoted text>Ha....Is this Ebonics????
he should of not been drinking and driving he got what he deserves what about the police officer he assaulted and just like I said b4 he is a spratt
LOL

Marlborough, MA

#15 Oct 2, 2013
Don't you all know that the bill of rights only apply to white people?

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