Legal Question in Criminal Law in New York

police set up

if you are a cop and the town police that you work for follow you across state line and think they see you doing coke in ally with 15 people they handcuff you put you in their police car along with 2 other people from that city let rest go then call that city police force and have you arrested on their say so other police saw nothing both other parties 1 was dismissed 1 acd

they want cop to resign for other state police force and admit to possision and plead to violation and will be sealed in 2 yrs if not they are going to have him rearrested for gun charge had off duty weapon on itis registed and legal was put in to other state personal property pf p.o. now the wont give in back until admins. case we are quite sure the urine that came back postitute can be thrown out because of chain of custody this went from bad to worse they are threting the gun charge to call in fed and it will required a jail sentantce is this true


Asked on 1/06/07, 11:55 pm

3 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: police set up

You seem to have explained a very complex fact pattern as briefly

as possible.

The officer in question is in a great deal of trouble. Apparently, there was suspicion that he used illegal drugs so he was followed to check out

this possibility.

If you see someone commit and crime you can make a citizens's arrest if

that is possible. The officers were outside of their jurisdiction acting

as citizens. They did not attempt to

take him back over state lines but called the local police who acted on

the information supplied by the out of state officers. There may be evidential questions such as chain of

custody and whether the urine was taken pursuant to a proper arrest.

There have to be more facts. You can call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 1/07/07, 12:32 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: police set up

Bottom line, get an attorney and put everything in his or her hands. If this is in NY, I cannot help you but if it is in NJ, I'd be happy to help you.

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Answered on 1/07/07, 10:04 am

Re: police set up

The cop who was followed across state lines by his own department is in some serious trouble. Even if he can "beat the rap" for the the drug and weapon charges, he is still out of a job since chain of custody technicalities probably won't be an issue at an administrative termination hearing. This cop needs both a Criminal Defense Attorney and a Labor Lawyer.

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Answered on 1/07/07, 12:12 pm


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