NJ Supreme Court approves warrantless search of van in Irvington gun case

[springfieldxds 0]

http://www.nj.com/essex/index.ssf/2014/07/nj_supreme_court_approves_warrantless_search_of_van_in_irvington_gun_case.html

 

didnt see this posted 

[springfieldxds 0]

i think if the grip of the handgun was visible then i believe the search was allowed, not that i agree with this, but i believe anything illegal seen from a visual sweep of the car is grounds to search the car

none the less it sets bad precedent, but to be honest i think any superior court would agree with the NJ Supreme court, given the circumstances like reports of shots fired, description of the van where the shots where fired, van found on street where shots were fired, handgun grip sticking out, shell casings

not really a poster boy case for unwarranted searches, though scotus doesnt grant much protection when it comes to motor vehicles, i believe plenty of states allow police to search any compartment without a warrant within reach of the driver or passengers for officers safety

[Arbelest 29]

If the handgun was visible it falls under the plain view doctrine making the search of that area good to go.   Stopping the van that matched the description, in the area that was reported, then finding the occupants to act frantically inside the passenger compartment  once stopping them/spotting them adds to the totality of the circumstances that those are the people they were looking for.

[SgtToadette 59]

If the handgun was visible it falls under the plain view doctrine making the search of that area good to go.   Stopping the van that matched the description, in the area that was reported, then finding the occupants to act frantically inside the passenger compartment  once stopping them/spotting them adds to the totality of the circumstances that those are the people they were looking for.

 

Sounds like probable cause to me!

[Newtonian 453]

"After losing a bid to suppress the handgun evidence – based on his claim that the search was illegal – Gamble pleaded guilty to unlawful possession of a weapon and resisting arrest. He received a three-year prison sentence."

 

You or I get a minimum of three without parole. Possibly (but unlikely) 10. He's eligible to get out when???????? This is the crux of the problem.

[djg0770 481]

"After losing a bid to suppress the handgun evidence – based on his claim that the search was illegal – Gamble pleaded guilty to unlawful possession of a weapon and resisting arrest. He received a three-year prison sentence."

 

You or I get a minimum of three without parole. Possibly (but unlikely) 10. He's eligible to get out when???????? This is the crux of the problem.

 

Agree also that it's the crux of the problem!

[Vlad G 345]

I think IF the facts were as painted in that article, then it makes sense. First of all, there were reports of someone shooting from a van and playing with a gun in that van, then someone was seen hiding something in can matching the description and refusing to come out of the van. That sounds like probable cause to my layman ears. However, a have a bit of a problem with "seen the grip". Really? The dude spend a few minutes hiding it and then it was that easy to see? I'm thinking that was add on to make the probable cause "cleaner".

[Newtonian 453]

Sounds fishy to me now that I read that article again. How can an "anonymous caller" see a gun sitting on someone's lap in a van? You'd have to be standing by the driver's window looking down. Were the calls recorded?

 

Probable scenario: cops saw a black guy who was behaving "suspiciously" while seated in a van, and they hit the jackpot. 

 

Excuse me while I go watch a few YouTube vids on how to refuse a search. "Am I free to go officer, or am I being detained?" 

[JohnnyB 4,321]

Sounds fishy to me now that I read that article again. How can an "anonymous caller" see a gun sitting on someone's lap in a van? You'd have to be standing by the driver's window looking down. Were the calls recorded?

 

Probable scenario: cops saw a black guy who was behaving "suspiciously" while seated in a van, and they hit the jackpot. 

 

Excuse me while I go watch a few YouTube vids on how to refuse a search. "Am I free to go officer, or am I being detained?" 

Now That"s Funny!!! I watched a ton of those! :haha:

[ryan_j 0]

Didn't the US Supreme Court already rule on this? All that NJSC  is doing is falling in line with that ruling.

[Smokin .50 1,907]

Probable cause to execute a search.  NEXT case, lol!  (and I'm with Vlad on the "cleaner" probable cause)........

[ryan_j 0]

I know states have gradually been issuing rulings about this. PA issued a similar ruling about this. But this was already part of a SCOTUS decision so the states are just falling in line. 

[71ragtopgoat 23]

Sounds fishy to me now that I read that article again. How can an "anonymous caller" see a gun sitting on someone's lap in a van? You'd have to be standing by the driver's window looking down. Were the calls recorded?

 

Probable scenario: cops saw a black guy who was behaving "suspiciously" while seated in a van, and they hit the jackpot. 

 

Excuse me while I go watch a few YouTube vids on how to refuse a search. "Am I free to go officer, or am I being detained?" 

I have to agree . Its like when they say I pulled the car over cause it crossed the middle of the road and upon walking up to the car got a strong smell of...

However I have no problem with a hunch by a veteran cop . Its up to us to know our rights.

[ryan_j 0]

Sounds fishy to me now that I read that article again. How can an "anonymous caller" see a gun sitting on someone's lap in a van? You'd have to be standing by the driver's window looking down. Were the calls recorded?

 

Probable scenario: cops saw a black guy who was behaving "suspiciously" while seated in a van, and they hit the jackpot. 

 

Excuse me while I go watch a few YouTube vids on how to refuse a search. "Am I free to go officer, or am I being detained?" 

 

 

Uh oh. 

[Vini 0]

"After losing a bid to suppress the handgun evidence – based on his claim that the search was illegal – Gamble pleaded guilty to unlawful possession of a weapon and resisting arrest. He received a three-year prison sentence."

 

Caught my eye too. 

Really?