Results 1 to 1 of 1
-
December 19th, 2012, 09:33 AM #1Super Member
- Join Date
- Sep 2006
- Location
-
Pennsylvania
(Monroe County) - Posts
- 860
- Rep Power
- 31213
New York CT of Apps on "any weapons?"
New York's highest Court has ruled, with regard to a traffic stop, that "a police officer who asks if a private citizen if he or she is in possession of a weapon must have founded suspicion that criminality is afoot."
In short, the Court upheld the suppression of two airsoft rifles found in a vehicle pulled over for a broken taillight. The fact that the four occupants "appeared nervous" was insufficient to give rise to suspicion.
The Court found that being in a vehicle does not detract from a citizen's constitutional rights. Notably, New York does permit officers to ask occupants to leave the vehicle for officer safety. Also questions such as name, address and destination are permitted without evidence of criminality. Last, the Court sent the case back for a determination of whether the officers would have inevitably found the "weapons" had they not violated the Defendant's rights.
People v. Miguel Garcia, December 18, 2012.
Therefore, in New York, at least, it is generally impermissible for an officer to ask if you have weapons in the vehicle.
Similar Threads
-
York County Rail Trail "No Weapons" (Update)
By StonewallRabbitry in forum Concealed & Open CarryReplies: 7Last Post: August 16th, 2013, 10:20 AM -
"Act 235" Lethal Weapons Class at HACC (Harrisburg) Oct 13th, 2008
By LanCaster in forum Training, Tactics & CompetitionReplies: 17Last Post: February 3rd, 2010, 01:17 AM -
"Patrol Rifles" for cops: "Assault Weapons" for us.
By HyDef in forum GeneralReplies: 103Last Post: August 20th, 2009, 04:16 AM -
URGENT: PSP Requiring Registration of "Assault Weapons with Convertible Stocks"??
By mak47 in forum GeneralReplies: 109Last Post: May 5th, 2009, 04:33 PM -
Excelent video on the lack of difference between rifles and "Assult Weapons"
By lildobe in forum GeneralReplies: 1Last Post: December 10th, 2007, 02:51 PM
Bookmarks