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A friend of mine was pulled over by MTA POLICE on a state parkway. After a search a few ounces of mj and some other stuff was found, and then the Nassau cops arrived to arrest him.
CAN A MTA COP PULL YOU OVER????????
THERE TRAIN STATION POLICE!!!
Any input is much appreciated seams very odd to me. My thought is it would be an illegal search as it was stated that there was no permission given to search the car and (I think) mta cops donā??t possess the authority to pull you over on a hwy.
Even civilians can pull someone over if they are breaking the law. But its not too smart and can be dangerous to do. They do not have the right to search your car though. Even cops can't do that without your permission,a search warrant or drug dog hitting on it.
We need more information. Did he consent to the search? Where there exigent circustances (weed or raphenalia in plain view)? AFA are the MTA Police considered to be law enforcement officers, you need to research the applicable state laws.
the MTA has their own police? I thought they just put regular cops in the subways. or am i thinking of the wrong mta?
MTA= METRO TRANSIT ATHORITY
no consent. nothing in sight, no raphenalia.
pulled over for speeding
it was found in the trunk in the jack compartment
yo nyc, im talking about on the island (li). in the city i think its reg cops but over there they have mta cops for the train and buses.
he specifically said numerous times he could not search the vehicle
Well then he needs to hire himself a lawyer. If there was no reason to search his vehicle (I.E. Irratic driving, red eyes, slurring speech) then the cop has made an illegal search. Basically that evidence cannot be used in the court of law because it was illegally obtained.
Cop says-
" Your Honor, when I approached the defendant's vehicle, I smelled what I believed to be REEFER!"
Judge replies " I find that there was probable cause for this search."
But sure, go ahead, fight it.
Not getting into to much details about my own experience with this I can just tell you you should have taken the keys out of the ignition made sure ALL windows were rolled up when they asked you to search your car, you should have said NO, gotten out of the car and LOCKED the door with your keys in it. I know this sounds nuts but has worked for friends of mine, just make sure you have a cell on you. I did it once and wasent even riding dirty. Find better hiding places especially when your rolling with 2 ounces on you, be more carefull and good luck!
Quote:
Originally Posted by RobPA
CAVITY SEARCH! :S3:
Your friend may of been nervous as a whore in church and that's when MTA asked to search the car..?
Anyway your hombre needs an attorney.
Sometimes cops twist words around to make it seem like they are telling you they are going to search your car, when really they're asking your permission. By not answering, you are giving them permission to search your car. All you have to do is refuse to give them consent and without probable cause they cannot search you. Of course, if they try to anyway, go ahead and step out of their way (they have a gun.. be reasonable) but take them up in court. Hell, with matters this simple you may not even need a lawyer. Often times though a cop will try and bullshit some probable cause; just remember: you are innocent until proven guilty.
Step one in examining the issue is the car stop. No a civilian can never perform a car stop. But a transit cop generally has mv law enforcement power on public transportation routes. Not enough info about the search to give an opinion. But some recent decisions are splitting hairs between the smell of burned weed which creates no pc to search and unburnt weed which does give a right to search.
He was speeding so he's broken the law, firstly, never give the police a reason for a stop. I don't know if a search if 'illegal' at this point. If it is and he has not consented to a warrentless search of private property, consult a lawyer and weigh out your options if it's worth the fight.
unfortunately this is true and this is what will be likely to happen unless you form a strong case against him. Get a lawyer.Quote:
Originally Posted by rhizome
I'd imagine that train station police would have even more license to randomly search than normal cops. Sort of like airports.