Legal Question in Criminal Law in New York

handcuffed and car searched

i was driving home one night down my road (the road on which i live) and decided to drive down to a pull off spot on the side off the road by a river. as i was driving down the road i saw a state trooper drive past going the other direction. i arrived at the area by the river and pulled over, just relaxing (i live in a rural area and enjoy the peace of the woods) anyway about a minute later a state trooper pulls up behind me with his lights on. i am parked on the side of the road off the road etc

he asks me for my license and registration, when i asked him why he stopped he replied ''wanted to make sure you were ok''

he then asked me to step out of the car and patted me down finding nothing. he handcuffed me and asked if he could search my car i said i dont think that is neccessary he said he had smelled a strong odor coming form the car and searched my car

he eventually did give me a ticket for an overdue inspection sticker.

is this legal? to stop, handcuff search etc someone who is not driving has not done anything and is just parked on the side of the road?


Asked on 11/02/05, 2:35 pm

1 Answer from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: handcuffed and car searched

yup.

Read more
Answered on 11/02/05, 3:58 pm


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