Schenectady, NY asked in Criminal Law, Civil Rights and Constitutional Law for New York

Q: What is enough probable cause

If someone had a fake Facebook account that can no way be linked to them selves and agreed to sell an item to an undercover cop is a agreement to meet enough probable cause to pull any person out of their car without knowing for sure they had the property you're looking for?? They didn't know the person's name they didn't know what they look like they didn't know anything about the car they just assumed is this legal?? Happened in a public location with lots of other people around wouldn't the stolen property have to transfer hands or for them to at least be able to read a serial number or something not just pull anybody at will out of their car because like I said they didn't know what kind of car or who they were looking for they just assumed

2 Lawyer Answers

A: NYS courts have ruled there are four stages of police encounter leading to probable cause to arrest, whch I am not going to get into since it's involved. However, a court during the prosecution of the case would review the matter pursuant to a motion challenging the basis for arrest and possibly hold a pre-trial hearing on the matter to review if in its opinion the conduct of the officer and defendant attained the level of probable cause to arrest.

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Answered

A: In situations like this, law enforcement needs specific reasons to conduct a stop. Simply agreeing to sell an item to someone, even if they're undercover, may not provide enough evidence on its own. Without knowing details like the person's identity, the vehicle information, or having a clear link to illegal activity, it can be challenging to justify a stop based solely on that interaction.

Public locations with many people present can make it harder to single out an individual without concrete information. Authorities typically require more substantial evidence, such as observing the exchange of stolen property or identifying unique identifiers like serial numbers. This helps ensure that stops are based on reasonable suspicion rather than assumptions.

If you believe a stop was made without proper cause, it's important to seek legal advice. An attorney can provide guidance based on the specific circumstances and help determine if your rights were violated. Understanding your rights in these situations can empower you to take appropriate action if necessary.

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