First: why were the cops in his trunk?
Second: why did he allow the cops to search his car?
Third: if the gun ban hasn’t taken effect yet, why is he under arrest?
Something doesn’t smell right...
It doesn't smell any better when you look at the original poster's sign up date.
I agree.
After WWII, New York City ticker taped out troops! Not today, now it’s harassing our heroes and making them criminals?
New York, you embarrass yourself.
Should you be arrested for anything in your vehicle the first thing your lawyer should do is challenge the circumstances under which your car was searched. He can't do that if you gave up your 4th amendment protections.
There are ways they can get around the 4th amendment. One is a dog. Let's say you pull up to a "safety check point" and the police have dog running around the cars. This is legal and has been held up in court as not violating your privacy rights. If they ask to put the dog in the car you can refuse. Hypothetically, if in a case like this one they used a dope sniffing dog, said he alerted, searched the car, found no drugs and then came up with the magazines then I expect a defense attorney would challenge the dog and the results of the search.
There are some police who are really good (like Obi Wan Kenobi good) at getting people to give consent to search. A good friend of mine popped a couple guys carrying 100 lbs. of cocaine, that gave him consent to search off a simple traffic stop. He knew they had the drugs, but when he asked politely there was something about the way he asked that kept them from saying no.
It works like this: You don't give permission to search the car, the bear phones home and then informs you that you will stay there at that location until the sniffer K-9 shows up in, oh, about 3-1/2 hours.
Capiche?
Your rights are zero.
Rig4dive: Sign up date 1-31-2013...
Be advised...
According to the article linked below:
...
According to Jefferson County Sheriff’s office sources, Mr. Haddad was in the parking lot of a closed business at 7:30 p.m. when an officer asked him what he was doing. The police allege that the Fort Drum civilian employee said that he was meeting someone to sell the AR-15 style rifle magazines. A police source also said that the magazines were stamped with the words “Restricted. For military use only.
Second: why did he allow the cops to search his car?
It's not clear that he 'allowed' them to do so. But if he did it could have been because he didn't think he was doing anything illegal and "had nothing to hide". But that is speculation, his lawyer has told him to keep his mouth shut, for now.
Third: if the gun ban hasn’t taken effect yet, why is he under arrest?,
He's under arrest for violating the previous law, which banned 10+ round magazines.
BTW, does anyone know if US military issue M16/M4 magazines are so stamped? Even if they are, it doesn't mean that possessing them or even selling them is illegal in and of itself, unless of course they weren't really surplus, but were stolen.
from Washington Times - some info about the police search, as to... Why?
On Jan. 6, the Jefferson County police coincidentally turned up at the same place and time as a meeting where Sgt. Haddad, now a civilian employee at Fort Drum, was to sell the empty AR-15 type rifle magazines. He did not have the rifle with him, so there was no threat of violence.
The soldier was asked what he was doing. Believing he was not committing a crime, Sgt. Haddad told the police officer what he was selling. The police looked at the bottom of the magazines to see if date stamp, and then arrested Sgt. Haddad because the items were made after 1994. (Earlier this month, Gov. Andrew Cuomo changed the Empire State again so that magazines will be limited to seven rounds maximum.)
By Emily Miller http://www.washingtontimes.com/blog/guns/2013/feb/6/miller-vet-arrested-high-capacity-magazines-new-yo/#ixzz2KIwyGPbN