So heres the scenario. Im out with my friends in manhattan and im caught brown bagging a beer. The thing is, im not stupid. I saw the police officers so i covered up my beer and i wasnt drinking or showed any signs of being drunk. I was actually pretty sober (it was only 1/4 of a beer). The cop stops me and asks what's in my bag. Due to some video's on youtube i asked the cop if he needed a warrant to check my bag, He then took my bag and said no i dont and found the beer. Then his partner reached into my jacket and pulled a water bottle out 1/4 stuffed with a screwdriver mix. ( I did not hand him over the bottle, he just took it). He then says that since im such a smart *** about the warrant question he gives me 2 summons. So now im wondering what do i do now.
1) Am i right? do you need a warrant to check someones bag? There was no visible evidence
2) There is no fine amount on my tickets, What does this mean?
2007-11-21 16:50:34 · 5 answers · asked by tenzntwentiez 2 in Politics & Government ➔ Law Enforcement & Police
Ok - you have 3 issues here and I'll answer both of them.
For the 1st instance with the brown bag, no the Officer did not need a warrant. The brown bag is in plain view and despite the fact that the beer is in the bag, that still violates the law of NYC (NYC Administrative Code Section 10-125 Subdivision B).
In the 2nd instance, the Officer had no right to reach into your jacket and pull out the water bottle. That was most definitely an illegal search and seizure. An Officer can only reach into someone's clothing after a frisk and they find an object that they believe could pose a danger.
Last, the tickets that you received are criminal tickets, there aren't any fines on them. You have to appear in Criminal Court, the appearance date is on the bottom of the ticket. If you don't appear on the date you will have warrants issued for your arrest.
These are violations, not crimes, you will only be fined and surcharged and possibly sentenced to community service (depending on who the judge is).
2007-11-21 23:01:37 · answer #1 · answered by Anonymous · 0⤊ 0⤋
No. The beer was pretty much in plain view. The cops know what a brown bag is. They dont usually find The Dew in there. Once probable cause was established, a pat down search for weapons is standard procedure and is accepted for the cop's safety. Something as bulky as a bottle is going to be found. Again, no warrant is needed.
Bottom line? You escalated what should have been a non incident into two summonses and a court appearance. It will probably get thrown out. Or you'll pay a fine. But you made a mountain out of a molehill. Here's a hint:
Youtube is not the place to go for legal advice. And stop being a wise a** in situations where someone else has the power. You screwed up kiddo.
2007-11-21 17:09:34 · answer #2 · answered by Toodeemo 7 · 3⤊ 0⤋
You don't need a warrant to search a person. All the officer needs is probable cause. The officer works in New York probably sees people "brown bagging" alcohol all the time. In the officers experience this gives him reasonable suspicion to search you. There are just too many stories that float around that are generally misconceptions about what police can and can't do.
2007-11-21 17:23:48 · answer #3 · answered by Phantoms 2 · 1⤊ 0⤋
Brown Bag Nyc
2017-01-13 11:59:56 · answer #4 · answered by ? 4 · 0⤊ 0⤋
A search can be valid even without a warrant when there is reason to believe that a crime was committed such as stealing beer from the supermarket.
2007-11-21 23:30:04 · answer #5 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋