Well this seems problematic - police need probable cause to pull you over for a traffic infraction *or* reasonable suspicion that a crime has been or is about to be committed. Neither exist here.
That's before we even get to, what the hell, this is what we pay cops to do?
That's before we even get to, what the hell, this is what we pay cops to do?
https://twitter.com/ChristRobbins/status/1457153868446457861
The New York Constitution offers greater protection than the 4th Amendment protection against search and seizure. See People v Robinson 767 N.E.2d 638 (N.Y. 2001) and People v. Spencer, 646 N.E.2d 785 (N.Y. 1995).
DWI check points are allowed but they must be conducted pursuant to non-arbitrary, nondiscriminatory criteria. People v. Sobotker, 373 N.E.2d 1218 (N.Y. 1978).
Anyone stopped last night can definitely challenge the ticket and if the police searched your car and found - or claimed to find - something else like a weapon or drugs a judge should rule that evidence inadmissible at trial.
That doesn't mean you don't have to deal with every step before then tho - from the setting of bail and every court appearance before (which is a huge part the problem with our court system).
Make sure to explain to your lawyer how you were stopped.
Make sure to explain to your lawyer how you were stopped.
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