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Old October 17, 2013, 04:48 PM   #1
JimDandy
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Join Date: August 8, 2012
Posts: 2,556
SAFE Act Arrest Something to watch for Tresmond and company, as well as other NY'ers.

NY Safe Act first arrest I've seen But I'm not sure it'll pass the sniff test, given the guidelines for inspecting a magazine.

Being next to someone who commits a criminal act has not always been held to confer probable cause/reasonable suspicion on you. I don't remember the name of the case, but it was a 4A case, a guy from out of town standing next to friends. Nobody ran (at first) he said he was leaving, they said he couldn't, which contradicted their later claim he wasn't in a custodial relationship. I'll have to look for it again later. But the gist was that just because he was standing there next to someone else who was wanted (as I recall) didn't confer probable cause/reasonable suspicion to him. And they performed too much of a search on the guy which resulted in evidence being thrown out. (I'll look for it again when I have a couple free minutes and add it in here with an edit)

In this case, with those guidelines, I'm not sure they'll be able to sustain inspecting the magazine, as he wasn't the driver.
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