Video shows cop slapping gun owner

[Pinsnscrews]

NY

This was in way upstate NY, hunting areas.

Most people do not realize, upstate NY is like being in the rural south.

In NY you have Reasonable Suspicion to look further, he should have detained until he got a search warrant.

First, a rifle sitting open/uncased on the back seat of a car, in a Hunting area of NY "IS" Probably Cause for Poaching. I am not defending the officer in this instance in any way. His actions were uncalled for.

As has been mentioned, a Vehicle is under different jurisdiction then your home. A vehicle, other than a Motor Home or Travel Trailer, does not require a judge to issue a search warrant. The only requirement is that the officer requesting the search feels strongly enough to explain to a judge His reason for the search. Again, in a rural hunting area, especially during hunting season, fall and spring, a rifle sitting uncased on a seat is probable cause in and of itself under the poaching laws for the state. It is considered "At Hand" for shooting from a vehicle.

[4949shooter]

Thats why you ask for a judge to give you a search warrant. Why would you need a warrant if you had PC?

This is what we have to do in New Jersey. The courts here have gone in this direction, and it is now my agency's protocol.

This is also the case in other northern states as well. I am working under the presumption that the officer in the above video was trying to operate this way also. An uncased gun would be PC in NJ.

What I DON'T understand is why the officer didn't simply just perform a frisk of the vehicle for weapons, though this would not have given him access the trunk, which he very well may have been trying to get into.

[4949shooter]

Guys, the individual state constitutions can give the public MORE protection than even what the Federal courts give but not LESS.

So, under the state constitution, the (courts) can require law enforcement to get a search warrant for probable cause during a motor vehicle stop which protects the public MORE. What the state CANNOT do is allow law enforcement to freely search a motor vehicle, say, without probable cause, or allow a search of a residence without a warrant.

[Geeman]

I suppose the reason for the courts is to iron these kind of things out.

When reading the links, I assumed the firearm was "boxed", not out in plain sight.  The subject was released upon producing a receipt for the firearm "purchased earlier in the day".   There is a big difference between the two, and which was true would be big as to probable cause. 

A side issue for me is I really haven't understood what crime had been the issue of wanting to do a search.  Probable cause doesn't exist without a crime being likely committed.  An uncased gun is not considered legal in many states.  To my knowledge a gun in a manufacturer's box is legit unless its required to be locked in a compartment.

Greg

[Geeman]

More comments from the peanut gallery

I want to give the Sheriff a shout out for investigating the other two deputies that were present at this incident.  They should have injected themselves into this and stopped him when he lost control of himself.  If not, they should have reported the incident so the Sheriff didn't have to learn of it by a video going viral. 

Cops should hold other cops to the same law as they hold the rest of us!!!

Greg

[Geeman]

The only requirement is that the officer requesting the search feels strongly enough to explain to a judge His reason for the search.

I'm going to disagree with this.

An officers feelings, hunches, or desires have nothing to do with probable cause.  Facts leading to near certainty of a crime being committed are what the judge would need to hear.

Greg

[Rojo27]

Overwhelming majority of Cops I've come into contact with are good and decent people doing a tough, dangerous, thankless job for a very modest living.  For which they deserve my deep respect and appreciation.  However, as in any other endeavor involving humans.....most are good but small percentages of bad exist.  In fact otherwise good people do bad things at times. 

Regardless of possible editing for effect; obvious to even the most casual observer, this officer abused his authority.  There is simply NO justification for his bullying, threatening behavior and he clearly and uniqvically assaulted the man.  The victim was correct to elect not yield his rights; leaving the officer several appropriate options to fulfill his responsibilities well short of physical intimidation and assault and battery. 

Unlike some however, I'm not ready to brand this particular Officer a loser for life based on what we've seen.  Encapsulating an entire life or body of work into a two minute video seems remarkably unwise and unfair.  He's lost his profession and reputation.  I would hope he'd face charges like any other citizen based on THIS situation.  After that....  "go, and sin no more"

[Wolfie]

Geeman, the cop had 27 years on the job, it is unlikely that the other 2 had more seniority. If you don't have more seniority, its difficult to criticize a senior officer, not saying it is right, just saying what it is.

[Pinsnscrews]

The only requirement is that the officer requesting the search feels strongly enough to explain to a judge His reason for the search.

I'm going to disagree with this.

An officers feelings, hunches, or desires have nothing to do with probable cause.  Facts leading to near certainty of a crime being committed are what the judge would need to hear.

Greg

What I am saying is that an Officer who does not feel he has enough cause to stand in front of a Judge and explain his reason for Probable Cause is not going to do it. An experienced officer may declare probable cause in the field under "Less Evidence" than a Rookie who just got his butt chewed out by a Judge who declared his Search of a Vehicle invalid two days prior. Either way, both are working under the "Feeling" of if there is enough Cause for the Search.