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Criminal Law Keyed to Osler
United States v. Clark
Citation:
740 F. 3d 808 (2d Cir. 2014)Facts
Officers got a 911 call about a group of men, possibly armed, trying to jump somebody outside of a bar. When police arrived they saw the defendant and three others sitting outside of the car described in the 911 call. The police found a firearm in the vehicle and arrested the defendant.
Defendant was then placed in the back of the officer’s cruiser. He was handcuffed with his hands behind his back. The link between the handcuffs was not more than 1 to 1 1/2 inches long. Before he was placed in the cruiser, the defendant was patted down and nothing was found. The ride to the police station was about one minute. Upon arrival, the officer saw that the back cushion was out and up, and in the space between the cushion and the seat there was a powdery substance later confirmed to be crack cocaine. The officer testified that he checked the space before his shift and it was clean, and the defendant was the first person in the back seat during his shift. Defendant was charged and convicted of possessing a controlled substance.
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