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Police Beat: Man allegedly found driving stolen Caravan

By Howard B. Owens

Kyle Christopher Monroe, 20, of 4036 W. Main St. Road, Batavia, is charged with criminal possession of stolen property in the 4th degree and criminal possession of stolen property in the 5th degree. Deputy Sanfratello stopped Monroe for allegedly operating his car without headlights on Route 63 in front of Tops Market at 12:30 a.m. on Oct. 24. The vehicle was a 1997 Dodge Caravan, which had been reported stolen in the City of Batavia on Oct. 21. The license plates were reportedly stolen from another vehicle parked at GCC on Oct. 22. Monroe was jailed on $5,000 bail. He was also charged with unlicensed operation, switched plates, unregistered motor vehicle, uninspected motor vehicle and operating without insurance.

Matthew Ryan Smith, 18, of 1705 Lewiston Road, Alabama, is charged with unlawful dealing with a child. Smith is accused of hosting an underage drinking party on Oct. 12 at his residence. He was arrested at 12:04 a.m. today.

A 16-year-old from Byron has been charged with unlawful possession of marijuana. She was arrested after a K-9 alert on her car while it was on Byron-Bergen High School property during a narcotic sniff sweep of the western parking lot. The arrest was made by K-9 Deputy Brian Thompson.

 

Peter O'Brien

Sounds to me like search without cause aka unlawful search and seizure of the 16 year old's property.

Don't give me precedent bull crap. Its wrong to search it without cause.

Oct 27, 2009, 10:13am Permalink
John Roach

Peter,
Most of the time, you have to agree to have your car searched, for cause, to use the school parking lot.

The K-9 giving a warning would be cause to have it searched.

Oct 27, 2009, 11:23am Permalink
Chelsea O'Brien

Any cause due to a plain-sight investigation can lead to searching without consent. A police dog walking by the car accounts as a plain sight search.

Just like if a police officer walked by your house and saw a bloody body inside, he could go inside and search the house.

Oct 27, 2009, 11:38am Permalink

Chelsea Dobson wrote:
Just like if a police officer walked by your house and saw a bloody body inside, he could go inside and search the house.

Are you speaking from experience Chelsea? Is Peter ok? :-)

Oct 27, 2009, 11:43am Permalink
Peter O'Brien

Nice try Chelsea, you will never bar me from our house.

A trained police dog targeting a specific parking lot is not a walk by inspection.

Oct 27, 2009, 12:46pm Permalink

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