Search and Seizure: Officer Opening My Car Door, Making Me Stand in the Snow for 29 Minutes

vendredi 16 janvier 2015

My question involves criminal law for the state of: New York



While driving to work in snowy weather I'd seen a vehicle had gone off the road and there was a tow truck and police vehicles helping them. I was driving about 50 in a 55 zone as this area appeared much clearer than the rest of the route.



As I'd seen the emergency lights near the town where I work, I began to slow, after getting closer I slowed more and my brakes locked causing me to slide.



I was trying to stop fully so traffic on the other side could go through and I would go in after by the time my vehicle was sliding I was slowed down to somewhere between 15 and 25 mph about 20 yards away from the emergency vehicles.



The officer nearby shouted at me to put my vehicle in park just in front of his.



There was no room for me to park in front of his vehicle as his was facing west and I was eastbound and was directly in front of the tow truck so I parked to the rear of his vehicle.



I did so and immediately prepped my license and registration.



The officer came and immediately pulled my door open and told me to take off my seatbelt.



I was then pulled from my car and questioned by the officer and his deputy.



During this questioning they asked how fast I was going and I responded 50. I was going 50 before I slowed down when my brakes locked up. I was so stunned by the previous events of my door being pulled open and being pulled out I did not take into account how much I had slowed down to safely pass the emergency vehicles before my brakes locked.



The officer told me there was pot in my car and asked if I had any pot on me. I told him there has never been pot in my vehicle and no pot on me.



I was then made to stand out in 26 degree snowing weather for 29 minutes with my hands on the trunk of my vehicle while waiting for the officer.



When I initially put my hands on the trunk the officer immediately searched my torso, legs, then put his hands in my pockets to check what was inside. A phone and comb was all he found.



After the officer came back I was cited with Failure to Maintain Lane and Failure to Slow for Emergency Vehicle.





Search and Seizure: Officer Opening My Car Door, Making Me Stand in the Snow for 29 Minutes

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