Simeon Mokhiber

[donttread]

Does anyone know the scoop on this guy? He's covicted of having three Glock magazines larger that the legal limit under NYS's Orwellian named "Safe Act" .
The blogs are saying that despite being pulled over for suspicion of DWI he had not been drinking and was not convicted of that charge, which means all he was doing was speeding.
Yet somehow they managed to search his car without a hint of probable cause and found the magazines which supassed the law's arbitrary capacity limit of ten shells. He was convicted of that and a vetern with no record could face 21 years in prison. I have a "repeal the Safe Act" sign in my yard , but this may be the most aggreigous use of the unconstitutional law yet.
Still, even though I live in the ultra lib land of NYS and distrust government , I find myself wondering is there more to this.? Are the blogs wrong? How could this search even hold up in court?

[Peter1469]

Link?

[donttread]

Link?

Just as easy to Google his name which is why I seldom link. But if you do not wish to do so I respect that.

[Hal Jordan]

Official news report.

One blog.

RWC News.

There's some links.

[Peter1469]

Based on the first link there isn't any information to tell how the mags were discovered. I imagine the defense attorney will try to suppress that evidence.

[donttread]

Official news report.

One blog.

RWC News.

There's some links.

Thanks Hal. "Search incident to arrest law" LOL. Yet another brick taken from the wall of due process

[Peter1469]

Thanks Hal. "Search incident to arrest law" LOL. Yet another brick taken from the wall of due process

A search incident to arrest is well settled law.

[donttread]

A search incident to arrest is well settled law.

But his rrest had nothing to do with his car. So how could the cr be searched.? I mean thank God it was, but how? If I got in a fist fight downtown they couldn't search my house.

[Peter1469]

But his rrest had nothing to do with his car. So how could the cr be searched.? I mean thank God it was, but how? If I got in a fist fight downtown they couldn't search my house.

Neither your initial post nor the first link provide by Hal give me enough information to answer these questions. However, I am sure his defense attorney is on it. He already got him off the DUI. So he is good.

In general if you are being arrested the officers can search the area around you that you can reach- as if going for a weapon or to destroy evidence. Anything else should be quashed by the court.

Does this help?

Yes or no.

[donttread]

Neither your initial post nor the first link provide by Hal give me enough information to answer these questions. However, I am sure his defense attorney is on it. He already got him off the DUI. So he is good.

In general if you are being arrested the officers can search the area around you that you can reach- as if going for a weapon or to destroy evidence. Anything else should be quashed by the court.

Does this help?

Yes or no.

Sort of. Sounds a little subjective but I'm sure that's how these laws are written purposely. Thanks. DWI should be easy to prove as long as the state has a law against refusing the breathalyser after failing a decent field sobriety test. So that being dropped makes me wonder.