Mock Trial of the Case of Josie Winters v. New York State, 1997

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Mock Trial of the Case of Josie Winters v. New York State, 1997

Defense

Under S. 12 of the Article 1 of the New York State Constitution, the defendant is free through the right to be free from any unreasonable searches, interceptions or seizures that may not be warranted. The police was required to present the warrant in the case before searching the backpack of Josie. The police were not allowed to intercept the three kids. Then, they were not allowed to check the content of their backpacks as there was no reason for the police to be insecure from the three kids in terms of their probability of possessing a weapon.

In addition, the police had no reason to suspect anything from the three kids as they were not found to be doing anything wrong in the car as is relevant in the case of New York v. Belton, 453 US 454 (1981). However, there is an automobile exception to the warrant requirement. Still, the officers could not search the innocent kids in the presence of such exception as the officers had no reason to check their luggage. The relevant case is that of People v. Belton, 55 NY2d 49 (1982). Furthermore, it is clear that the officers had not found the three kids to be guilty under any condition. The relevant case is People v. Langen, 60 NY2d 170 (1983).

It is also clear that the police officer had simply no reason to fear for his safety with respect to the three innocent kids. Consequently, the officer had no right to check their luggage in the absence of such fear of safety and security from the boys. The relevant case is People v. Torres, 74 ...