peter1234123
Junior Member
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.
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.