stopped for alledged traffic violations and then arrested for controlled substance not in original container..........how does that happen?......
Law and Order: Batavia man accused of possessing a controlled substance
Submitted by Howard Owens on February 4, 2013 - 10:40am
Shawn Robert Klineline, 30, of Batavia, is charged with criminal possession of a controlled substance and possession of a controlled substance not in original container. Klineline was stopped for alleged traffic violations at 12:59 a.m. Saturday by Deputy Patrick Reeves, and found allegedly in possession of a non-prescribed controlled substance not in its original container.
Jeffrey Russell Hamill, 34, of Attica, is charged with DWI, driving with a BAC of .08 or greater and speeding (76 in a 55 mph zone). Hamill was stopped at 1:43 a.m. Saturday on Route 77, Pembroke, for allegedly speeding by Deputy Patrick Reeves.
Justin Michael Beverly, 23, of Creamery Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement markings in a no-passing zone. Beverly was stopped at 1:37 a.m. Saturday on Warboys Road, Byron, by Deputy Jason Saile.
Gary Wayne Wornowski, 30, of East Aurora, is charged with felony DWI, felony driving with a BAC of .08 or greater, failure to keep right, possession/consumption of alcohol in a motor vehicle and inadequate muffler. Wornowski was stopped at 11:30 p.m., Jan. 1, on Route 5 in Pembroke, by Deputy Patrick Reeves. Wornowski was recently issued a summons to appear in Town of Pembroke Court at 5:30 p.m., Feb. 28.
Kathleen R. Cramer, 49, of 4 South Lyon St., Batavia, is charged with petit larceny. Cramer is accused of shoplifting from Dollar General.
Kenneth W. Cook III, 19, of 108 Oak St., Batavia, is charged with criminal contempt, 2nd. Cook was allegedly observed with a person he is ordered not to contact. Cook was jailed on $1,000 bail.
Melissa G. Betances, 31, of 180 1/2 Pearl St., Batavia, is charged with criminal contempt, 2nd. Betances is accused of sending text messages to a person protected from contact by court order.
Booker T. Ricks III, 41, of 7 Chestnut St., Apt. 1, Batavia, is charged with criminal contempt, 2nd. Ricks is accused of violating a stay away order of protection.
Lol Howard, so true, so true. Too many people do not know their rights and are intimidated by the police.
When a cop is suspicious for whatever reason and they ask "mind if I search your vehicle?" At that point, you should know that they need your permission and don't yet have probable cause to search it. You can say "no thank you, am I getting a ticket sir/ma'am?" If they continue to badger you, just maintain your calmness and ask if you're free to go and if you're being detained. You never need to directly answer a question..it's nothing personal. You have the right not to incriminate yourself and if you talk too much, you WILL. Deflect questions with vagueness or other questions. Cop: "Where are you coming from - where are you going?" It's none of their business but when they ask you that, they're fishing. You don't have to bite the hook. Your reply can be something simple like "that way" and end it there. Be polite and remain calm. If they ask you to get out of your car, they still don't have any reason to search it. They can give you a cursory pat-down, though (for their safety). If you're packing a gun, you better tell them that the instant they reach your window..you're required to do so.
If an office claims to smell pot, your answer should be "I don't smell anything and I don't consent to a search of any kind." If they bring a dog to sniff around that vehicle and the dog expresses a positive detection for contraband, you're screwed. That's probable cause for a search.
There are so many things people are not aware of. Educate yourself. If you want some great viewing from Mr. James Duane, a professor at Regent Law School and a former defense attorney and George Bruch from the Virginia Beach police department, watch a series of videos on youtube titled "Don't talk to the cops" and I'll get you started with this link. http://www.youtube.com/watch?v=i8z7NC5sgik
I'm in no way saying you shouldn't talk to the police when you need to, such as to report a crime, but if you get pulled over, they have a job to do and that's to fish you for information. They love their job and they're good at it. You don't have to play the game if you don't want to.