{"id":44089,"date":"2020-06-12T09:53:19","date_gmt":"2020-06-12T14:53:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=44089"},"modified":"2020-06-12T11:05:16","modified_gmt":"2020-06-12T16:05:16","slug":"ny-cbp-officer-at-least-was-conduction-a-citizens-arrest-when-he-stopped-def-and-turned-him-over-to-local-police","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=44089","title":{"rendered":"NY: CBP officer at least was conducting a citizen&#8217;s arrest when he stopped def and turned him over to local police"},"content":{"rendered":"\n<p>A CBP maritime officer is not a LEO under NYS law but that didn\u2019t void his stopping a vehicle while on duty in Buffalo for driving erratically. Buffalo officers were called, and he left to go back to work. They found a gun. The trial court suppressed and the appellate division affirmed. Reversed. This essentially was treated as a citizen\u2019s arrest, despite the CBP officer\u2019s using lights on his truck and state law prohibits citizen\u2019s arrest using police-type lights. <a href=\"http:\/\/www.nycourts.gov\/reporter\/3dseries\/2020\/2020_03265.htm\">People v Page<\/a>, 2020 NY Slip Op 03265, 2020 N.Y. LEXIS 1084 (June 11, 2020).<\/p>\n\n\n\n<p>Defendant failed to show a reasonable expectation of privacy in the premises searched. Even if he could, there was valid consent from someone with authority to consent. United States v. Hernandez-Rubio, 2020 U.S. Dist. LEXIS 102184 (D. Neb. Apr. 20, 2020),* adopted, 2020 U.S. Dist. LEXIS 101080 (D. Neb. June 9, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A CBP maritime officer is not a LEO under NYS law but that didn\u2019t void his stopping a vehicle while on duty in Buffalo for driving erratically. Buffalo officers were called, and he left to go back to work. They &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=44089\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50,34],"tags":[],"class_list":["post-44089","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44089","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=44089"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44089\/revisions"}],"predecessor-version":[{"id":44093,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44089\/revisions\/44093"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=44089"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=44089"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=44089"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}