Ask Me Help Desk - 4th amendment rights violated.

Quote:

Originally Posted by Marriedguy

I figured that but my mother is real scared of police.

Hello again, guy:

Because she was intimidated does not translate into an illegal search. You should be glad he didn't see your bong.

excon

There is what is called "officer postering" where the officer by his body position takes some control of a situation, Also there is the assumed search, if they start to walk in, and you don't stop them, it is assumed they are invited in < so to speak.

General off topic question.. Can you legally make a right turn from the left lane?

Quote:

Originally Posted by Marriedguy

Well, from what my wife explained from what she overheard was officers on the scene were unhappy with the officer that was involved with the accident. The officer from the crime scene unit yelled "where is the damage I dont see it?" the officer that was involved in the accident try to point out damage on my wife car. The crime scene unit officers is like "OMG, you can't be serious." The mood from the other officers was the same. They shook there heads as the gathered information. The officer involve in the accident asked for her license and registering about 3 different times. Honestly, I felt that the ticket was giving to save face.

I'd say she got a ticket because she rearended a Police car - nothing to do with saving face. It is "probably" policy in the event there are injuries at some later date or maybe it's just plain policy for no reason. If the Officer asked the same question 3 different times perhaps he really was shook up and perhaps that's why he called for other cars - or maybe that is also policy.

I've seen a LOT of these and guess who always wins?

I've also investigate a lot of "statements and actions at the accident scene" and no two people ever hear the same thing.

Let clear certain things up. There was no damage the cars according to the accident report. Two cars own by civilians get into an accident they have right to say “There is no damage to my car and no damage to my car, forget it.” The civilians drive off never to be heard from each other again. That statement does not apply with a government operated vehicles the accident must be report. So I'm not complaining he should not have reported because there was no damage. What I am saying is he didn't have to issue a ticket. He cited her for a minor traffic violation. As an officer of the law this is within his powers to do so. Will the ticket he issued hold up in court that remains to be seen.

At traffic court t during the arraignment the Judge ask her to explain why she receive the ticket at this point the judge could decided to dismiss the ticket on the spot.

The judge may not want to dismiss the ticket however the DA may not want to pursue the charges and dismiss it or pled it down (which is impossible the violation is at the lowest level).

Let us say the proceeding does not play out that way. The judge will ask her how do you pled to this charge guilty or not guilty?

Here response will be “Your honor what are will be the charges if I pled guilty?”

The judge will reply “$50.00 plus court fee of $15 totaling in $65.00.” (example)

My wife is smart enough to know what she makes more than that per day it would not be cost effective to take another day off she will pled guilty and by her fine on the way out.

I have seen cases where Judges/DA dismissed the charges as soon as the defendant pleas not guilty. The theory behind this is there are not going to waste the court time and tax payers' money on a broken headlight ticket. There is a lot of cost and time that goes into having a trial. The police who issue the ticket has to be pulled off post. If the defendant can't for a lawyer the city will provide one for them.

Only about 10% of traffic infractions cases in New York State actually go to trial.