Violation of Fourth Amendment Rights? And more

[Banned_Princess]

(I think the name of the 3rd district court in Central Islip is allitle more complex then cohen. lol. )








you are getting all worked up for nothing. you live, you get stopped, you run your mouth, you get arrested, you make bail, you go to court. the cycle continues. you will live to party another day. this is THEIR game not yours. play it their way.

 

[BOR]

you are getting all worked up for nothing. you live, you get stopped, you run your mouth, you get arrested, you make bail, you go to court. the cycle continues. you will live to party another day. this is THEIR game not yours. play it their way.

He has a right to present his defense. If he believes his 4th AM rights were violated concerning the vehicle search, he is free to plead such.

From the facts as laid out, the officer was probably right, but that is for the court to decide.

Here, the section he was charged under appears to not permit a full custodial arrest, yet he was. This is a 4th AM concern.

 

[tranquility]

While it is a concern for state law, one key of Atwater v. City of Lago Vista is that probable cause is enough to avoid an unreasonable seizure.

 

[BOR]

While it is a concern for state law, one key of Atwater v. City of Lago Vista is that probable cause is enough to avoid an unreasonable seizure.

If the statute forbids a custodial arrest, and it is done regardless, that is a violation of the 4th AM as then it would be an UNreasonable seizure.

 

[peter1234123]

If I make official demands for indictment by grand jury, trial by jury, free legal council, etc. (it so happens the cop made up a charge of disorderly conduct, just to arrest me, I was not informed of this until I went to the precinct to find out what reason I was arrested for) do you think Suffolk County would even pursue a case that involves a $50 fine?
My friend, who is a third year student in law school has written me a 500 page motion to suppress evidence (the beer), with EXTENSIVE copies of case law. As well as a motion to quash an arrest, and a motion for discovery. I will be making demands that I am entitled to make, and serving so many papers that it would be EXTREMELY uneconomical for Suffolk County to prosecute the case. My estimate is it would cost them at least 50 times what my fine would be.

 

[justalayman]

(it so happens the cop made up a charge of disorderly conduct, just to arrest me, I was not informed of this until I went to the precinct to find out what reason I was arrested for)

well, that answers your question about being arrested for an offense that specifically disallows arrest. It wasn't for the possession charge.

So, now, you deal with the charges. That charge allowed the arrest. As long as the officer had PC to arrest and can support it, it is what it is.

indictment by grand jury? for misdemeanors?

trial by jury; go for it if you want.

free legal counsel; do any of the offenses charged allow incarceration? If not, they may not provide a PD. That is dependent on the states standing on the issue and I don't know offhand if Ohio does provide a PD for non jailable offenses.

the other thing is you have to qualify for a PD. The court has a right to deny a PD if you do not qualify under their rules.

 

[Zigner]

If I make official demands for indictment by grand jury, trial by jury, free legal council, etc. (it so happens the cop made up a charge of disorderly conduct, just to arrest me, I was not informed of this until I went to the precinct to find out what reason I was arrested for) do you think Suffolk County would even pursue a case that involves a $50 fine?
My friend, who is a third year student in law school has written me a 500 page motion to suppress evidence (the beer), with EXTENSIVE copies of case law. As well as a motion to quash an arrest, and a motion for discovery. I will be making demands that I am entitled to make, and serving so many papers that it would be EXTREMELY uneconomical for Suffolk County to prosecute the case. My estimate is it would cost them at least 50 times what my fine would be.

I suggest that your friend should really avoid committing the felony that you claim s/he has committed...

 

[BOR]

free legal counsel; do any of the offenses charged allow incarceration? If not, they may not provide a PD. That is dependent on the states standing on the issue and I don't know offhand if Ohio does provide a PD for non jailable offenses.

No they do not, but the poster is from NY anyway.

 

[BOR]

My friend, who is a third year student in law school has written me a 500 page motion to suppress evidence (the beer), with EXTENSIVE copies of case law.

With all do respect to your friend, the court clerk will not even time stamp a 500 page Motion, that is absurd if he even thinks they will.

He needs to read the Rules of court better to confine himself to brevity of pleading.

 

[peter1234123]

Thank you all for your replies, overall, do you think a violation of the ABC code and a violation of Disorderly Conduct would qualify for an ACOD?

 

[You Are Guilty]

If you show up in court on time, are polite, have normal clothes on, no prior criminal record, and don't try to file a 500-page motion written by a friend, you are almost guaranteed to get an ACD if you ask for it.

 

[justalayman]

No they do not, but the poster is from NY anyway.

HHmm, wonder where I came up with Ohio?

 

[justalayman]

Thank you all for your replies, overall, do you think a violation of the ABC code and a violation of Disorderly Conduct would qualify for an ACOD?

If you show up in court on time, are polite, have normal clothes on, no prior criminal record, and don't try to file a 500-page motion written by a friend, you are almost guaranteed to get an ACD if you ask for it.

peter, of all the advice and suggestion you have received, you really need to take that last one to heart. I don't think you will find anything more accurate from a person most likely to know the so very specific situation being addressed.

 

[Banned_Princess]

He has a right to present his defense. If he believes his 4th AM rights were violated concerning the vehicle search, he is free to plead such.

From the facts as laid out, the officer was probably right, but that is for the court to decide.

Here, the section he was charged under appears to not permit a full custodial arrest, yet he was. This is a 4th AM concern.

The judge is not going to allow a kid of 20 years old, come in his court trying to claim a 4th amendment violation. no way. he will be shut up and told to get a lawyer.

 

[Banned_Princess]

Thank you all for your replies, overall, do you think a violation of the ABC code and a violation of Disorderly Conduct would qualify for an ACOD?

Yes, if you just shut up, Stop trying to act like the world is a law and order eppasode [sic] this is what you will get.


As You are guilty said, except for the part where you need to be represented by a real lawyer. its not a big deal. ask for a lawyer because you cant afford one, and you shall recieve such.