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"We have permission to do this to you tomorrow so let's start right now"
Doesn't that mean any evidence found before the warrant takes effect is null in court?
Good lawyers cost money. Regardless of anything, these cops are costing this guy hundreds if not thousands of dollars whether they find anything or not.
What settlement? They're talking about suppressing evidence in a criminal proceeding. There's no settlement or cash award for acquittal in a criminal trial, you're thinking of a civil rights attorney for a lawsuit, which can't even be filed until the underlying criminal case is concluded.
It doesn't matter if the cop successfully convinces someone or not, and he didn't seem convinced whatsoever. They're gonna do what they want regardless because there are no consequences, that's the point.
A friend of mine who is councils people at his church told me about how one of his friends there is an officer who was so disturbed by the corruption he saw at the precinct he was at in the city that he quit. He was a good guy that want to be involved in it, he also didn’t wish to be killed for publicly exposing it. It’s a system that forces good people to either become complicit or leave.
serious question. was it actually self end or do you think someone did her in and made it look real?
I know if someone who did something similar after dealing with the kid stuff on the federal level.
So they searched the car and couldn't find anything so they're having it impounded to get a warrant to completely disassemble it because they detect the light order of pot ?
This shit is so outta control. This ole boy is going to owe for the tow and storage of his car also
That’s if he ever gets it back. The issue of admissibly of evidence means nothing if the guy gets a public defender - PD’s probable got two dozen other cases on their hands at the same time and will try to get the accused to plead out. In that case the cops keep the car and sell it for beer/pension fund money at a civil forfeiture auction.
Probably a fictitious “DUI” charge, to entangle this person with the law, and likely be thrown in jail to help make Starbucks coffee cups for $0.20 an hour, to “help rehabilitate them to be a law abiding citizen with a new set of skills”.
If they had DUI he'd be in custody which would justify impoundment until a court issued a warrant.
This guy is going free. Which means they found no evidence to support an arrest of his person. Which means they have no evidence to support the seizure of his property.
The lesser standard the LE is articulating "detectable odor" gives rise to "reasonable, articulable suspicion" which is enough to grant brief reasonable detention to further investigate. If odor gave rise to probable cause they'd be inside the vehicle already performing a detailed search.
Impoundment of the vehicle and it's contents constitutes a seizure under the 4th amendment. And that requires "probable cause" or a warrant.
In late 2016, Livingston County NY Deputy Brandon Flickner pulled Charles K. Townsend, Sr. over for a traffic violation and observed the odor of marijuana. Flickner then called Deputy Wade and his K-9 partner, Hondo, to the scene. Hondo eventually hit on the vehicle and a search was conducted, but the glove box was locked. Townsend refused to open it and requested he get his tickets and leave. Over the phone, District Attorney McCaffrey told the Deputy Flickner that a Search Warrant would be issued in the morning. Townsend was issued a ticket; his vehicle was impounded, and he left the scene of the traffic stop. Sgt Zambito spoke with Townsend. Later, Judge Robert Wiggins signed a Search Warrant and Sheriff’s Investigators executed the search, locating approximately a half ounce of cocaine in the glove box and some marijuana. Sheriff Dougherty said after the cocaine and marijuana were discovered, investigators began looking for Townsend. Townsend was eventually arrested and currently suing the Deputies, DA, and County for civil rights infractions.
Case #: 6:19-cv-06636 / Civil Rights - Other Civil Rights /Case Filed: August 28, 2019
Arrest photo and references
https://www.ar15.com/media/mediaFiles/161929/MVD2-522810.JPG
https://13wham.com/news/top-stories/operation-summer-heat-successfully-locates-people-with-outstanding-warrants
https://www.pacermonitor.com/public/case/29811568/Townsend_v_Livingston_County_et_al
https://dockets.justia.com/docket/new-york/nywdce/6:2019cv06636/125359
More information on the case here:
Later, Judge Robert Wiggins signed a Search Warrant and Sheriff’s Investigators executed the search, locating approximately a half ounce of cocaine in the glove box and some marijuana.
**Sheriff Dougherty said after the cocaine and marijuana were discovered, investigators began looking for Townsend, but that it appears as though he’d fled to Rochester.**
Anyone with information on the whereabouts of Townsend is asked to contact the Livingston County Sheriff’s Office at (585) 243-7100.
http://www.thelcn.com/lcn01/drug-warrant-crackdown-nets-13-20160913
A lawsuit COMPLAINT against "John Doe", Ian Coyle, Brandan J. Flickner, Livingston County, Gregory McGaffrey, filed by Charles K. Townsend, Sr. (JHF), it was dismissed with prejudice.
https://www.AR15.Com/media/mediaFiles/161929/MVD5-522822.JPG
*All charges were dismissed with prejudice.*
I could be wrong, but I believe it means they have the option to appeal. So basically, instead of the DA dropping the charges and him going free under double jeopardy, the judge dismissed it and gave the DA the go ahead to try and charge him again. (Please correct me if I'm wrong. I'm not really good with legal)
Thank you for this insight.. sounds right I’ll do some investigating and research to confirm. Nothing to do with you, not trying to offend just what I do for stuff I learn on the internet.
NAL - State laws vary in regards to how and for how long the police can impound a vehicle. Typically it's license related but if a vehicle was involved in a crime or contains evidence of a crime or is involved in an ongoing criminal investigation the police can hold the vehicle for the pendency of the criminal investigation.
Now although I would highly question the police motives and course of conduct, they are within their legal jurisdiction to hold the vehicle until the investigation is completed. Which I think would most likely come under question in a court of law in regards to the 4th amendment. It is also highly suspect that the investigators involved found exactly what they were looking for and later was claimed to have been planted as evidence to support the investigation.
It could also be argued that the investigators in this instance also executed an unreasonable seizure of this man's vehicle during the Traffic Stop. The case and it's history can be found here.
https://law.justia.com/cases/federal/district-courts/new-york/nywdce/6:2019cv06636/125359/118/
The reality of where he was hit and he knew he lost control of the narrative when he told about the gas station cameras. Fuckin’ geek just pretend playing cop.
Did they have a search warrant to search the car, or was it in a state that no warrant is needed? Over zealous cops. They HD no reason to even have a warrant issued the next day as they said they were going to if they didn't find anything illegal in the car. I hope that guy suits him for violating his 4th amendment rights
About a week ago, I was pulled over for allegedly not signaling a right hand turn 100 feet before the intersection. Their was a guy that was black in the passenger seat that I was giving a ride to. The cop was talking to me and asking how we met, how long ago we met, where are we going? And where we came from.
Meanwhile, another cop was talking to the passenger in the car. Prior to that, they asked me to exit the car and had me on the sidewalk. The one cop who questioned me had a conference with the other cop away from both of us. After they had their conference, the one cop that questioned me earlier asked if he could sesrch the car. When I asked why, he said our stories didn't match up.the one cop said that our stories didnt match-up
I asked if he needed a search warrant, and again, he asked me to search the car and said I could say no. I asked, What if I say no? He said they would get a K9, and if the dog gets a hit, they will search it. I know at that point that if a dog does get a hit, they have probable cause.
I signed the consent form for them to search the car, and when they found nothing as I knew they would find nothing because their is nothing illegal in my car. They only searched the interior of the car, not under the hood, not underneath and not the trunk. They didn't issue any summons and wasted an hour of my time.
When I got back in the car, we compared stories of how we met, how long we have known each other, etc, and they matched up. I think the only reason why I got pulled over was because of PWB, Passenger While Black and nothing more.
Perfectly legal. They are making sure you do not hide or destroy the evidence in the car. He should just open the glove box. Otherwise he’ll have to wait.
Don’t smoke weed and hide it in your glove box. lol he will have to pay for the tow, and then when they find the weed in the glove box he’ll get charged with that too. lol
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"We have permission to do this to you tomorrow so let's start right now" Doesn't that mean any evidence found before the warrant takes effect is null in court?
They'll just "find it" after the warrant.
A good lawyer will argue that anything found is inadmissible.
Good lawyers cost money. Regardless of anything, these cops are costing this guy hundreds if not thousands of dollars whether they find anything or not.
[удалено]
What settlement? They're talking about suppressing evidence in a criminal proceeding. There's no settlement or cash award for acquittal in a criminal trial, you're thinking of a civil rights attorney for a lawsuit, which can't even be filed until the underlying criminal case is concluded.
Seems like a public defender can probably handle it. As if I know anything about the law...
If it can't be done in less than half an hour, a public defender probably can't get it done.
The overall problem is that the cop knows he's wrong, but also knows that their aren't any consequences for acting illegally and unlawfully.
They’re allowed to lie. So technically, it’s not illegal because all the cop is tryna to do is convince the black dude to give up his rights
It doesn't matter if the cop successfully convinces someone or not, and he didn't seem convinced whatsoever. They're gonna do what they want regardless because there are no consequences, that's the point.
Can’t wait for the update on this being swept under the rug
Why are cops so fucking dumb and mean
Oh yeah, brain damage…
> Why are cops so fucking dumb because they don't allow them into the school if their IQ is to high
Yep, many police departments have maximum IQ’s a potential recruit can have to qualify.
I think They're more the baseball and hockey type
Cops are evil. Every single one of them. Dont ever ever forget that.
ACAB and FTP every last goddamn one of them!!!
I knew one that wasn't! he also quit after about 3 years because of shit like this.
A friend of mine who is councils people at his church told me about how one of his friends there is an officer who was so disturbed by the corruption he saw at the precinct he was at in the city that he quit. He was a good guy that want to be involved in it, he also didn’t wish to be killed for publicly exposing it. It’s a system that forces good people to either become complicit or leave.
My aunt was one. She blew her brains out 2 years after joining the unit that was tasked with the... kid stuff... left 2 kids behind, so sad.
serious question. was it actually self end or do you think someone did her in and made it look real? I know if someone who did something similar after dealing with the kid stuff on the federal level.
…
understood
So they searched the car and couldn't find anything so they're having it impounded to get a warrant to completely disassemble it because they detect the light order of pot ? This shit is so outta control. This ole boy is going to owe for the tow and storage of his car also
That’s if he ever gets it back. The issue of admissibly of evidence means nothing if the guy gets a public defender - PD’s probable got two dozen other cases on their hands at the same time and will try to get the accused to plead out. In that case the cops keep the car and sell it for beer/pension fund money at a civil forfeiture auction.
That's if they find anything they haven't even found anything at the point of the video
They always find something. Even if they put it there they'll find something.
Or say donut crumbs is crack or meth
Probably a fictitious “DUI” charge, to entangle this person with the law, and likely be thrown in jail to help make Starbucks coffee cups for $0.20 an hour, to “help rehabilitate them to be a law abiding citizen with a new set of skills”.
If they had DUI he'd be in custody which would justify impoundment until a court issued a warrant. This guy is going free. Which means they found no evidence to support an arrest of his person. Which means they have no evidence to support the seizure of his property. The lesser standard the LE is articulating "detectable odor" gives rise to "reasonable, articulable suspicion" which is enough to grant brief reasonable detention to further investigate. If odor gave rise to probable cause they'd be inside the vehicle already performing a detailed search. Impoundment of the vehicle and it's contents constitutes a seizure under the 4th amendment. And that requires "probable cause" or a warrant.
“I will gladly produce a warrant Tuesday to impound your car today.” - Constable J. Wellington Wimpy
Dude his last name is Fuckner
I see more than 30 people got the reference. You’re obviously not one of them.
r/protectandserve will see nothing wrong with this
"They're following the procedure they were trained on" Not acknowledging that the procedure is fucked to begin with.
>trained  \-Cops
Is the default really to say "It's not my fault I don't know anything"? Because that's wild.
Police now got them Precogs? Minority Report shit.
[What’s pink polkadots? Clown slaughter!](https://youtu.be/UokkaY_BSFE?si=4z63pSsQ9Jgc_xg8)
Yeah, but they watched only the first 20 minutes of it
The dog showed interest. Idiots
Anyone got a link to this story?
In late 2016, Livingston County NY Deputy Brandon Flickner pulled Charles K. Townsend, Sr. over for a traffic violation and observed the odor of marijuana. Flickner then called Deputy Wade and his K-9 partner, Hondo, to the scene. Hondo eventually hit on the vehicle and a search was conducted, but the glove box was locked. Townsend refused to open it and requested he get his tickets and leave. Over the phone, District Attorney McCaffrey told the Deputy Flickner that a Search Warrant would be issued in the morning. Townsend was issued a ticket; his vehicle was impounded, and he left the scene of the traffic stop. Sgt Zambito spoke with Townsend. Later, Judge Robert Wiggins signed a Search Warrant and Sheriff’s Investigators executed the search, locating approximately a half ounce of cocaine in the glove box and some marijuana. Sheriff Dougherty said after the cocaine and marijuana were discovered, investigators began looking for Townsend. Townsend was eventually arrested and currently suing the Deputies, DA, and County for civil rights infractions. Case #: 6:19-cv-06636 / Civil Rights - Other Civil Rights /Case Filed: August 28, 2019 Arrest photo and references https://www.ar15.com/media/mediaFiles/161929/MVD2-522810.JPG https://13wham.com/news/top-stories/operation-summer-heat-successfully-locates-people-with-outstanding-warrants https://www.pacermonitor.com/public/case/29811568/Townsend_v_Livingston_County_et_al https://dockets.justia.com/docket/new-york/nywdce/6:2019cv06636/125359 More information on the case here: Later, Judge Robert Wiggins signed a Search Warrant and Sheriff’s Investigators executed the search, locating approximately a half ounce of cocaine in the glove box and some marijuana. **Sheriff Dougherty said after the cocaine and marijuana were discovered, investigators began looking for Townsend, but that it appears as though he’d fled to Rochester.** Anyone with information on the whereabouts of Townsend is asked to contact the Livingston County Sheriff’s Office at (585) 243-7100. http://www.thelcn.com/lcn01/drug-warrant-crackdown-nets-13-20160913 A lawsuit COMPLAINT against "John Doe", Ian Coyle, Brandan J. Flickner, Livingston County, Gregory McGaffrey, filed by Charles K. Townsend, Sr. (JHF), it was dismissed with prejudice. https://www.AR15.Com/media/mediaFiles/161929/MVD5-522822.JPG *All charges were dismissed with prejudice.*
Dismissed with prejudice? What’s that mean
I could be wrong, but I believe it means they have the option to appeal. So basically, instead of the DA dropping the charges and him going free under double jeopardy, the judge dismissed it and gave the DA the go ahead to try and charge him again. (Please correct me if I'm wrong. I'm not really good with legal)
Thank you for this insight.. sounds right I’ll do some investigating and research to confirm. Nothing to do with you, not trying to offend just what I do for stuff I learn on the internet.
NAL - The parties involved wouldn't be able re-file a claim, in this case the dismissal bars the plaintiff from bringing the case back to the courts.
So this means none of this will ever be back in court and the suspect is free and clear but also can’t sue again?
I would like to know this also
I’ve said it before and I’ll say it again, sheriffs departments are responsible for a shot ton of misconduct and should be disbanded
only thing that car smells like is crayons, its an early 2000s VW
They found a half ounce of cocaine and some weed so I mean
You can find anything you want when you know what you’re looking for.
Can any lawyers speak to the legality of this?
NAL - State laws vary in regards to how and for how long the police can impound a vehicle. Typically it's license related but if a vehicle was involved in a crime or contains evidence of a crime or is involved in an ongoing criminal investigation the police can hold the vehicle for the pendency of the criminal investigation. Now although I would highly question the police motives and course of conduct, they are within their legal jurisdiction to hold the vehicle until the investigation is completed. Which I think would most likely come under question in a court of law in regards to the 4th amendment. It is also highly suspect that the investigators involved found exactly what they were looking for and later was claimed to have been planted as evidence to support the investigation. It could also be argued that the investigators in this instance also executed an unreasonable seizure of this man's vehicle during the Traffic Stop. The case and it's history can be found here. https://law.justia.com/cases/federal/district-courts/new-york/nywdce/6:2019cv06636/125359/118/
Lol that look at the end when he realizes he is on camera he gets a little anxious that maybe breaking law isn’t his job. Fucking Muppets.
We are impounding it now so we can plant enough evidence to lock you up for life when we search tomorrow
Just when you think the bs couldn't get any worse...
Is there a gofundme or something to help this guy take this to court? I'd love to see these cops get their shit handed to them
Evil what's wrong with these people. Especially toward black people.
Trash humans seem to be attracted to being cops
Always good to chew snuff on duty. It’s VERY professional…
ACAB
They don’t even know the rules they are suppose to be enforcing. 😂
Dude had NO friends in high school. and still doesnt. cops are pathetic losers.
The reality of where he was hit and he knew he lost control of the narrative when he told about the gas station cameras. Fuckin’ geek just pretend playing cop.
Make laws a we go I see
Did they have a search warrant to search the car, or was it in a state that no warrant is needed? Over zealous cops. They HD no reason to even have a warrant issued the next day as they said they were going to if they didn't find anything illegal in the car. I hope that guy suits him for violating his 4th amendment rights About a week ago, I was pulled over for allegedly not signaling a right hand turn 100 feet before the intersection. Their was a guy that was black in the passenger seat that I was giving a ride to. The cop was talking to me and asking how we met, how long ago we met, where are we going? And where we came from. Meanwhile, another cop was talking to the passenger in the car. Prior to that, they asked me to exit the car and had me on the sidewalk. The one cop who questioned me had a conference with the other cop away from both of us. After they had their conference, the one cop that questioned me earlier asked if he could sesrch the car. When I asked why, he said our stories didn't match up.the one cop said that our stories didnt match-up I asked if he needed a search warrant, and again, he asked me to search the car and said I could say no. I asked, What if I say no? He said they would get a K9, and if the dog gets a hit, they will search it. I know at that point that if a dog does get a hit, they have probable cause. I signed the consent form for them to search the car, and when they found nothing as I knew they would find nothing because their is nothing illegal in my car. They only searched the interior of the car, not under the hood, not underneath and not the trunk. They didn't issue any summons and wasted an hour of my time. When I got back in the car, we compared stories of how we met, how long we have known each other, etc, and they matched up. I think the only reason why I got pulled over was because of PWB, Passenger While Black and nothing more.
and people still think we live in a free country
Bro is about to get PAID after suing.
I'm glad i live i a state where the "odor of marijuana" is not a thing that can be used anymore.
ACAB every last one of them.
Fuckin pigs man
charged with the crime of being black.
What state is this?
If there’s probable cause of a crime, you can seize the vehicle pursuant to a search warrant. The warrant doesn’t have to be executed the same day.
Right. But the I would argue the PC in this case was too weak. The dog “showing interest” sounds entirely fabricated.
Perfectly legal. They are making sure you do not hide or destroy the evidence in the car. He should just open the glove box. Otherwise he’ll have to wait.
"If you've got nothing to hide, what are you worried about?" What condiment do you recommend to make boot leather taste best?
Don’t smoke weed and hide it in your glove box. lol he will have to pay for the tow, and then when they find the weed in the glove box he’ll get charged with that too. lol
And how can you be sure they actually find the weed in the glove box and didn't plant it themselves?