Violation of Fourth Amendment Rights? And more

[peter1234123]

What is the name of your state (only U.S. law)? NY

Hello, recently I received a ticket under the NYS ABC law, which prohibits a minor under twenty one to possess alcohol. A man carried a black unmarked bag to my car, for all the police knew, it was a bag of soda, or a bag of iced tea. The police saw this happen, I imagine, and pulled up behind me after I had put the bag in my car and started the motor vehicle. The police officer asked, well, yelled at me to turn off my motor vehicle, and I did so, I stepped out of the vehicle as he asked me to, and I said "Sir, what am I being pulled over for?" he replied, I will asterisk the foul language he used, "You know exactly what you're being f****** pulled over for, give me the beer" I said "I do not know what you are talking about officer" he said "Give me your keys" I stated "I do not consent to searches, as it is against my fourth amendment rights, if you enter my motor vehicle without obtaining a search warrant none of the evidence you obtain will stand in court" He proceeded to rip the keys out of my hand and trip me to the ground and handcuff me. He said "You and those ACLU f****** should burn in hell". He then proceeded to rip my car apart and found a six pack of Coors Light. I was wondering if I could move to suppress this evidence, because it was illegally obtained. He then took me into police custody, which the ABC Law Sect 65C(3) specifically forbids. It explicitly states that a peace or police officer does not have the right to arrest any violators of this law, only to write a ticket. I was taken into the precinct, without my Miranda rights being read to me, or without even being told I was under arrest and handcuffed in a waiting room. The police made me post bail of $100, and I was released 4 hours later. I was also wondering if I could take action against the police officers for kidnapping, as they did not identify themselves as police, did not show their shields when I asked, and did not give their badge number when I asked.

[justalayman]

I guess the cop just got lucky when he told you to turn over the beer and you just happened to have beer.

as to not having the right to arrest: how do you know that is the only charge?

If you didn't believe the guy to be a cop, why would you say things like:

yelled at me to turn off my motor vehicle, and I did so,

I stepped out of the vehicle as he asked me to

"

Sir, what am I being pulled over for?

"I do not know what you are talking about officer"

"I do not consent to searches, as it is against my fourth amendment rights, if you enter my motor vehicle without obtaining a search warrant

Do you typically comply with demands from some stranger? Do you call strangers "officer"? You obviously know that the 4th amend doesn't apply to a private citizen so why would you bring that up with a private citizen?

I was wondering if I could move to suppress this evidence, because it was illegally obtained.

You don't know that it was illegally obtained. You may believe is was so but you also thought he didn't know what was in the black bag. Maybe he knows more than you give him credit for.

You can try to suppress anything. The officer will have to provide PC for the search. If he can't, the evidence should be suppressed.

and Miranda; quit watching all the TV cop shows. At best, if you were not given your Miranda warning, information obtained from interrogation after it was required can be suppressed.

[peter1234123]

UNITED STATES of America, Plaintiff-Appellee,
v.
Angelo INGRAO, Defendant-Appellant.

That case states it all: In sum, Ingrao appears to have been arrested principally because he carried a bag down a gangway previously used in a suspicious transaction and furtively looked around. Without more, we are constrained to conclude that the warrantless arrest of Ingrao was without probable cause and thus violated the fourth amendment. It follows from the illegality of Ingrao's arrest that the evidence seized from his car must be suppressed as fruits of the poisonous tree. See Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963); United States v. Edwards, 885 F.2d 377, 383 (7th Cir.1989) ("search and seizure incident to an arrest must be incident to a lawful arrest.") (citing United States v. Janik, 723 F.2d 537, 548-49 (7th Cir.1983)).

[justalayman]

claim whatever you want. You do not know the officers justification for the seizure and search. Until you do, your citation is not applicable.

Ya see, in the case you cite, they knew the officers justification. In yours, you don't. As I said, if the officer cannot support PC, the evidence should get tossed.

[peter1234123]

Thank you for your response, how would I go about getting the justification? A motion for discovery? Also, can I request a trial by jury for a case involving a civil violation?

[justalayman]

either under discovery or if there is an evidentiary hearing where you would contest the search for lack of probable cause.

don't know about the trial by jury.

were you given a citation or arraigned where you were informed of the charge(s)?

[CdwJava]

Kidnapping charges against the officer ain't gonna happen.

Your attorney can evaluate the police report and make a decision as to whether or not a motion to suppress would succeed based upon the officer's articulation. There could be any number of reasons why the officer believed the bag to contain alcohol. Until you read the report you do not know if this was part of an underage alcohol sting, whether someone observed the adult pass the alcohol to you, etc.

So, consult an attorney and let him handle it.

[BOR]

I stated "I do not consent to searches, as it is against my fourth amendment rights, if you enter my motor vehicle without obtaining a search warrant none of the evidence you obtain will stand in court"

You do know there are exceptions to the SW requirement for searching a motor vehicle, don't you?

If you do, then you must be awfully sure this is not one of them???

Are you that versed in the 4th to make such a statement??

He then took me into police custody, which the ABC Law Sect 65C(3) specifically forbids. It explicitly states that a peace or police officer does not have the right to arrest any violators of this law, only to write a ticket.

Post that law. I did not look, and if it does say that, then yes, you were falsely arrested IF that was the only charge.

I was also wondering if I could take action against the police officers for kidnapping, as they did not identify themselves as police, did not show their shields when I asked, and did not give their badge number when I asked.

As was stated, that is a big ZERO. Again, you are not familiar with criminal law enough to even know what the elements of Kidnapping are.

In a remote technical sense, the other part about being taken in instead of cited is more in line with kidnapping. Even so, that would not be prosecuted as such. IMO, should it, if an officer has no right to arrest and still does, yes.

[peter1234123]

3. Any person who unlawfully possesses an alcoholic beverage with
intent to consume may be summoned before and examined by a court having
jurisdiction of that charge; provided, however, that nothing contained
herein shall authorize, or be construed to authorize, a peace officer as
defined in subdivision thirty-three of section 1.20 of the criminal
procedure law or a police officer as defined in subdivision thirty-four
of section 1.20 of such law to arrest a person who unlawfully possesses
an alcoholic beverage with intent to consume. If a determination is made
sustaining such charge the court may impose a fine not exceeding fifty
dollars and/or completion of an alcohol awareness program established
pursuant to section 19.25 of the mental hygiene law and/or an
appropriate amount of community service not to exceed thirty hours.
4. No such determination shall operate as a disqualification of any
such person subsequently to hold public office, public employment, or as
a forfeiture of any right or privilege or to receive any license granted
by public authority; and no such person shall be denominated a criminal
by reason of such determination, nor shall such determination be deemed
a conviction.

[You Are Guilty]

Wild guess here, but this happened in NYC, correct?

[peter1234123]

No, it happened on Long Island.

[You Are Guilty]

Even better. You have to go to court in Hempstead or Islip?

[peter1234123]

I have to go to Islip.

[peter1234123]

Have to appear in islip

[Banned_Princess]

Have to appear in islip

would that be the cohen complex in CI??

you absolutely cannot go in there spewing the rediculouseness you are spewing here. none of the judges are going to tolerate anything from a civilian, if you start on some tangent about unlawful searches and unlawful detainment, judge will stop you right there and tell you you need a lawyer. if you cannot afford a lawyer, then the judge will order you one, you can probably get this all squared away in 2 appearences.

had you cooperated with the officers from the beggining, you probably would not have been arrested, sounds to me like you were being a smart mouth PITA.

you need a lawyer, a lawyer will probably get you an ACOD. which basically the best plea for anything you are charged with.

What was the charge by the way?