NY Law: Traffic Stop - Does LE have probable cause for a car search?

B

Brad3000

Inactive
I am hopefully there is an NY attorney out there that may be able to answer my question - If one is stopped by LE for a traffic voilation do they have probable cause to demand that they search your vehicle including locked brief cases and trunk mounted gunsafes? Would they need a warrant?

No I am not in this situation but want to know my rights.

TIA
Brad
 
He--, Brad, don't ask us! Ask an attorney, and be willing to pay a few bucks for the right (or at least a good) answer. Even if an attorney is interested in this site, why should he give legal advice, free, to someone who is not legally his client. This is not greed, it is important to the attorney-client relationship.

OK, that was pretty abrupt. Generally, with a car they only need reasonable suspicion. I have a lengthy post about this on another thread. The courts have held that the police can hold you for a time (less than an hour) before either getting a warrant or letting you go. The thing is, don't give them a reason to stop you in the first place, and if they do, don't give them reason to search, like AR-15 magazines all over the front seat. Drive right, obey the laws, move with traffic (which may contradict obeying speed laws), keep your car in good condition. Avoid provocative bumper stickers (they can't stop and search for that alone, but a "Kill all cops!" sticker just might give them ideas). No burned out bulbs, wired down trunk lids, broken glass. (A broken window, especially driver's side, screams "stolen car."

Seriously, if you really want to know, ask for a half-hour of an attorney's time. If a friend or relative, you might get it freebie.

[This message has been edited by Jim Keenan (edited April 12, 1999).]
 
I disagree with asking just any attorney. Attorneys today are specialized and often not knowledgeable in the specific area you seek advice in. An honest Attorney will tell you this up front and advise you to seek out legal advice from an expert in the area of firearms law.

Try contacting the local NRA representative in your area and ask for help, often they have Attorneys who are knowledgeable in the area of firearms law.

I recently learned the hard way ($$$) that not all Attorneys know everything about the entirety of the law. Ask an expert in the field, not your cousin who chases ambulances.
 
Hi, K80Geoff,

You are very right! I rather assumed an attorney sympathetic to gu ownership and fairly knowlegable on gun law. Should never assume.

In another thread, I created a fuss by saying that if one is going to carry a gun (presumably legally) the first thing needed is to find a good attorney and put him or her on retainer for the time if/when you have to use the gun. Also ask advice about searches, how to deal with cops, etc.

One trap is that criminal attorneys deal with a lot of people to whom a conviction is a matter of pride, but they don't want to go to jail, so the lawyers do deals (probation, plea bargain, etc.). Trouble is most of us, even if forced to defend ourselves, do not want a conviction. No more guns, maybe no more job, lots of trouble. So a lawyer is needed who understands that.

Not the real estate lawyer; not the guy who did your will; not your father's friend the corporate attorney. The best criminal lawyer you can find who won't sell you down the river to make brownie points with an anti-gun judge.
 
To respond, myself:-

1. Not all traffic stops are done to folks that have actually done some thing wrong.
2. LE Troopers dont always know the State or Federal Laws well and will on occasion "bluff" you through their own ignorance.
3. To qualify above - I support my local Police and have no axe to grind herein.
4. My rights in a vehicular stop are in question only with respect to locked cases or gunvaults in my car. I'm not a NY resident and as far as I know - Fed Law S-926A states that if you are legal at start of travel and legal in the destination then without undue stops/diversions you may pass thru any state in your trip taking proper care with storage. Of course a situation could arise where NYS LE Troopers dont know this law and give you some grief....
5. Yes I will have to find an attorneys take on it too. All comments appreciated. Brad
 
It is my understanding that the Supreme Court last week found that police officers have a right of search and seizure whereby they may ask for access to even your personal belongings. The case in question, I believe had to do with an officer's right to search a passenger in a vehicle that has been stopped. The court held that police officers do have the right to search the belongins of passengers as well as the driver of a vehicle if they have reasonable cause to believe there may be evidence of criminal activity. This could be construed both as a good and bad thing. I would concur however with those here who say ask an attorney.
 
The only times that a LEO can search your car are when they make a Lawful arrest, when they have prabable cause and when you stupidly say sure officer, you can look in my car. They can't force you, or make you think that you have to comply with his request.
 
I can tell you this much:

All Ney York State Troopers are also sworn in as Game Wardens (DNR Conservation Officers, or whatever....) and they CAN search your car/truck for loaded long guns and illegaly taken game at their discretion.

My understanding of the ramifications are as follows:

Yes, a man in a three piece suit driving a Jaguar can be asked to open his trunk under this "discretionary power". If he does not, he is violating NY state law and can be arrested.. at which point the car can be searched incident to the arrest.

Meanwhile, the advice you were given is probably best, check with a local, knowledgable Lawyer.. and remember free advice from lawyers is still only worth what you paid for it.



------------------
-Essayons
 
You must log in or register to reply here.
Back
Top