My question involves criminal law for the state of: New York City of: New York
A police officer stops a car based on a traffic infraction. He gets the motorists driver's license and goes back to his car. The computer to check the motorist for a suspended license or warrants is not working. The officer decides to give the motorist a break on the traffic infraction and lets him go with a warning. 10 minutes later, the police officer checks to see if the computer is working and runs the motorist's name. It turns out the motorist had a warrant for his arrest. 3 -4 hour hours go by and the same motorist comes into the precinct to file a police report for lost property or a crime that took place. Regardless, he comes into the precinct. The officer recognizes the motorist from the car stop and puts him under arrest for the warrant. Is he justified?
Also, let's say the officer arrests him on the warrant hours after the traffic stop and finds cocaine on him? Can he charge him with cocaine? That would be also be good as search incident to lawful arrest correct?
This is for NYC.
A police officer stops a car based on a traffic infraction. He gets the motorists driver's license and goes back to his car. The computer to check the motorist for a suspended license or warrants is not working. The officer decides to give the motorist a break on the traffic infraction and lets him go with a warning. 10 minutes later, the police officer checks to see if the computer is working and runs the motorist's name. It turns out the motorist had a warrant for his arrest. 3 -4 hour hours go by and the same motorist comes into the precinct to file a police report for lost property or a crime that took place. Regardless, he comes into the precinct. The officer recognizes the motorist from the car stop and puts him under arrest for the warrant. Is he justified?
Also, let's say the officer arrests him on the warrant hours after the traffic stop and finds cocaine on him? Can he charge him with cocaine? That would be also be good as search incident to lawful arrest correct?
This is for NYC.
Legal Arrest
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