Press release:
The following arrests are reported following a neighborhood complaint of drug activity on Union Street:
Clifford A. Keene, age 38, of Pratt Road in Batavia, was arrested on June 9 by Sgt. Dan Coffey and Officer Frank Klimjack following a traffic stop of a vehicle in which he was a passenger. He was found to be in possession of a number of prescription narcotics and drug paraphernalia. He was charged with: one count of criminal possession of a controlled substance in the 4th degree (Class C felony); one count of criminal use of drug paraphernalia (Class A misdemeanor); and one count of possession of a controlled substance not in original container (violation). Keene was processed and arraigned before Judge Balbick then committed to the Genesee County Jail on bail. At the time of his arrest, Keene was under the supervision of Genesee Justice on unrelated charges.
Madelyn R. Muntz, age 30, of Central Avenue in Batavia, city was arrested June 9, by Officer Frank Klimjack following a traffic stop. She was found to be in possession of a narcotic substance. Muntz was charged with one count of criminal possession of a controlled substance 7th degree (Class A misdemeanor). Muntz was processed and released with an appearance ticket to appear on June 21st in City Court.
The Batavia Police Department is committed to working with the community to respond to illegal drug concerns and request that anyone with information on drug or criminal activity in their neighborhood contact our dispatch at 345-6350. Information can also be left confidentially by calling the Confidential Tip Line at 345-6370 or by email at http://www.batavianewyork.com/police-department/webforms/report-suspicious-drug-or-criminal-activity.
doesn't there have to be an
doesn't there have to be an alleged vehicle or traffic violation for a traffic stop ?
Yes, David. And, no, also.
Yes, David. And, no, also.
For instance, to (usually) stop a vehicle, an officer needs to have knowledge that a traffic violation has occurred (ie. speeding, white light showing to the rear, out-of-date inspection sticker, etc.).
But, let's say there was a BOLO out for an Amber alert, and the vehicle fit the description given in the BOLO. Now, I'm not 100% sure, but I "think" that, alone, might be enough to temporarily stop/investigate the vehicle. Now, if that scenario was the reason for the stop, I don't believe they would have cause to start looking for some other reason to find a "law" that you might have been breaking. That being said, if you rolled down your window and a huge greenish/blue cloud of smoke (or the overwhelming smell of alcohol) smacked the officer in the face, and he saw you staring at him with bloodshot eyes, I'm guessing that he would have the authority to investigate further. EVEN if that wasn't the original reason for the stop. As I said, not 100% sure on that one. But, I'm gonna say that there could be reasons, other than a traffic violation, that would allow a stop.
In relation to the stop in the above post, I'm (guessing) they had (some) probable cause. Again, not 100% sure. As no traffic violation was mentioned in the post, just because one wasn't listed, doesn't mean there wasn't one. It only means one wasn't listed. Likewise, even if the stop was due to a traffic violation, the cops aren't bound by law to issue a ticket for the violation.