Quoted Text

ROTTERDAM
Police jurisdiction key to DWI case
BY KATHLEEN MOORE Gazette Reporter

    A Schenectady police officer got confused and made an arrest in Rotterdam, and the case could now be thrown out because he left his jurisdiction, according to court papers.
    The incident began on April 28, when Schenectady officer Andrew Zophy drove to the Hamburg Street bridge — which is in Rotterdam — and apparently parked his patrol car facing Rotterdam, according to court papers.
    Around 1 a.m., he saw a vehicle enter Hamburg Street from Chism Street. Believing the car was in Schenectady, Zophy conducted a traffic stop and charged the driver, Paul Beaugy, with driving while intoxicated.
    Zophy, an 18-year veteran of the force, was nearly two blocks inside Rotterdam at the time — well outside his jurisdiction. Officers in both Schenectady and Rotterdam said they’ve never before seen such an error.
    “How he made that mistake, I don’t know. I don’t know of any circumstance like this, quite frankly,” said Rotterdam Deputy Chief Bill Manikas. “Our sergeant actually called the [district attorney] and said, ‘What do you want us to do?’ ”
    Assistant District Attorney Michael Tiffany decided that a Rotterdam officer should book the driver but that the Schenectady officer should write up the detailed incident report.
    The report includes this description from Rotterdam officer Claude Sawyer: “The vehicle drove up onto the curb several times. Zophy believed it was a violation occurring in the city of Schenectady.”
    On Tuesday, a Rotterdam town justice will decide whether Zophy had probable cause to leave his jurisdiction and make the arrest. Officers can make routine traffi c stops within 100 feet of their jurisdiction, but this arrest was well beyond that limit.
    So Zophy must prove that he had reason to believe a crime was being committed. DWI is a crime, and the arrest report says Beaugy had a blood alcohol content of 0.16 percent, double the legal limit. The question for the court is whether Zophy had enough evidence to sus-............>>>>.............>>>>>...........http://www.dailygazette.net/De.....1&Continuation=1

Quoted Text

    The incident began on April 28, when Schenectady officer Andrew Zophy drove to the Hamburg Street bridge — which is in Rotterdam — and apparently parked his patrol car facing Rotterdam, according to court papers.
    Around 1 a.m., he saw a vehicle enter Hamburg Street from Chism Street. Believing the car was in Schenectady, Zophy conducted a traffic stop and charged the driver, Paul Beaugy, with driving while intoxicated.

Quoted Text

Even in those states that limit the officer’s jurisdiction to city limits, there are exceptions. An officer may always follow a suspect of crime while the officer is in hot pursuit of the suspect. For example, in a Virginia case, an officer witnessed a traffic violation, turned on his lights and slowly followed the suspect out of town. His conviction was upheld on appeal on the ground that the officer was in hot pursuit. By contrast, in an Arkansas case, an officer saw a car that was driving erratically, but the officer lost the car while trying to tail him. Several hours later, the officer saw what looked like the same car in a parking lot of an Elk’s Lodge just outside city limits. The officer detained the suspect and called for an officer with jurisdiction to make an arrest. The appellate court threw out the conviction on the ground that the officer who detained the suspect was acting outside his jurisdiction, and was not in hot pursuit of the car he had seen several hours earlier.

Another exception to geographical limits is where the officer already has a warrant. Generally, an officer can arrest a suspect pursuant to a warrant from his city or county anywhere within the state. A city officer can make an arrest outside his jurisdiction where the adjoining jurisdiction has called for help or specifically asked the officer to enter the jurisdiction. Some counties or cities have entered into preexisting agreements whereby any officer from one city may cross into the next to make an arrest.

But even if the officer acts outside his jurisdiction, and not pursuant to any of these exceptions, the arrest might still be lawful as a citizen’s arrest. As discussed in a past episode, any citizen is generally authorized to make a citizen’s arrest if he witnesses a felony. So, if the officer in the Arkansas case had witnessed a drug deal behind that Elk’s Lodge, his arrest would likely have been upheld as lawful because he witnessed a felony. By contrast, most traffic offenses are considered misdemeanors. So, if an officer in a state that followed strict geographical limitations witnessed a traffic violation just out of town, he would not be able to arrest as an officer, and he could not successfully argue that he was making a citizen’s arrest because he had only witnessed a misdemeanor.

Quoted from bumblethru

Ahhhhh....another reason to consolidate police forces! This would not have been an issue if there was ONE county police force!

Quoted Text

POLICE BLOTTER
ROTTERDAM POLICE DEPARTMENT
    Richard Perillo, 27, of Chrisler Avenue, Schenectady, was charged on April 27 with third-degree assault.
    Timothy Fay, 49, of Mercer Avenue, Schenectady, was charged on April 27 with aggravated driving while intoxicated and felony driving whle intoxicated.
    Theodore Manigo, 30, no address, was charged on April 27 with petty larceny.
    Paul Overbaugh, 38, of Twelfth Street, Schenectady, was charged on April 27 with petty larceny.
    Roland Vuignier, 28, of Englewood Avenue, Schenectady, was charged on April 27 with petty larceny.
    Kevin Gillen, 55, of South Lang Street, Arlington, was charged on April 27 with driving while intoxicated and related infractions.
    Keith Lynch, 18, of Anthony Drive, Schenectady, was charged on April 27 with second-degree criminal trespass.
    Zachary Dennis, 21, of Windy Hill Road, Schenectady, was charged on April 27 with aggravated unlicensed operation of a motor vehicle.
    Paul Beaugy, 34, of Fiero Avenue, Rotterdam, was charged on April 28 with driving while intoxicated and related violations.
    Dwight Anderson, 40, of North Swan Street, Albany, was charged on April 28 with petty larceny.
    Christopher Clayton, 43, of Albany Street, Schenectady, was charged on April 28 with petty larceny.
    Emmanuel Couvertier, 18, of Schenectady Street, Schenectady, was charged with petty larceny.
    Ryan Goodspeed, 23, of North Ferry Street, Schenectady, was charged on April 29 with seconddegree aggravated unlicensed operation of a motor vehicle.
    Shawn Carpenter, 26, of Davis Terrace, Schenectady, was charged on April 30 with second-degree criminal contempt and third-degree criminal trespass.
    Deborah Coons, 44, of East High Street, Ballston Spa, was charged on April 30 with issuing a bad check.
    Alexandra LaTourrette-Hannion, 39, of Ingalls Avenue, Troy, was charged on April 30 with petty larceny.
    Ryan Howe, 33, of Lewis Road, Altamont, was charged on April 30 with third-degree aggravated unlicensed operation of a motor vehicle.
    Alisha Wilson, 22, of Front Street, Schenectady, was charged on May 1 with petty larceny.
    Davon Washington, 21, of Delamont Avenue, Schenectady, was charged on May 2 with thirddegree falsely reporting an incident and third-degree bail jumping.
    Tatiana Williams, 21, of Albany Street, Schenectady, was charged on May 2 with third-degree bail jumping and two counts of petty larceny.
    Jonathan Francis, 40, of Lewis Road, Altamont, was charged on May 12 with petty larceny.
    Karissa Ballmes, 16, of Vischer Avenue, Schenectady, was charged on May 12 with petty larceny.
    Aaron Irish, 16, of Greenpoint Avenue, was charged on May 12 with second-degree assault, fourthdegree criminal mischief and petty larceny.
    Lueshly Maisonet, 21, of Reid Street, Amsterdam, was charged on May 13 with petty larceny.
    Dedria Olsen, 17, of Adams Street, was charged on May 13 with thirddegree facilitating aggravated unlicensed operation of a motor vehicle.
    Cody Ogilvie, 18, of Adams Street, was charged on May 14 with thirddegree aggravated unlicensed operation of a motor vehicle.
    William Lesson, 54, of Sacandaga Road, Scotia, was charged on May 14 with third-degree aggravated unlicensed operation of a motor vehicle.

Quoted Text

ROTTERDAM POLICE DEPARTMENT

    David Miller, 41, of Crane Street, Schenectady, was charged June 4 with third-degree criminal mischief, fifth-degree criminal possession of stolen property, possession of burglar tools.
    Carmella Phelps, 18, of Eastern Avenue, Schenectady was charged June 4 with third-degree assault.
    James Yawn, 50, of Melrose Street, Schenectady, was charged July 4 with second-degree harassment.
    Jayson Costa, 24, of Western Place, Schenectady, was charged June 4 with third-degree aggravated unlicensed operation.
    Richard Wet, 60, of Steadwell Road, Amsterdam, was charged June 4 with second-degree aggravated unlicensed operation.
    Ralph Denofio, 47, of Mariaville Road, Pattersonville, was charged June 5 with driving while intoxicated and driving while intoxicated in a specialvehicle.
    Jeffrey Spearman, 42, of Bridge Street, Schenectady, was charged June 5 with fifth-degree criminal possession of stolen property and petty larceny.
    Christina Clarke, 23, of Dorsett Street, Schenectady, was charged June 5 with third-degree aggravated unlicensed operation.
    Michael Palma, 38, of Curry Road, Schenectady, was charged June 6 with second-degree harassment.
    Robert Boardman, 31, of Putnam Road, Rotterdam, was charged June 6 with third-degree criminal possession of a controlled substance.
    Yuriy Ponomarev, 26, of Sand Creed Road, Albany, was charged June 6 with seventh-degree criminal possession of a controlled substance.
    Nico Frascatore, 17, of North Holmes Street, Scotia, was charged June 6 with petty larceny.
    Cassandra Parker, 17, of Close Street, Schenectady, was charged June 6 with petty larceny.
    Letha Rahim, 21, of Parkwood Place, Schenectady, was charged June 6 with second-degree aggravated unlicensed operation.
    Justin Larkey, 26, of West Twain Avenue, Las Vegas, was charged June 8 with fourth-degree criminal possession of a controlled substance, seventh-degree criminal possession of a controlled substance, and third-degree grand larceny.
    Tammy Bush, 36, of Guilderland Avenue, Rotterdam, was charged June 8 with second-degree harassment.

Quoted Text

driving while intoxicated and driving while intoxicated in a specialvehicle.

Quoted from the.pope

thats the guy at the mall with the helmet who is to lazy to walk
we'll be paying his medical bill when he is 45
10,000 steps a day buddy

Quoted Text

ROTTERDAM POLICE DEPARTMENT
    Anthony Richardson, 17, of Victory Avenue, Schenectady was charged July 1 with petty larceny.
    Logan Torres, 18, of Masullo Parkway, Rotterdam, was charged July 1 with driving with ability impaired.
    Kendra Morelli, 22, of Wallace Street, Scotia, was charged July 2 with petty larceny.
    Michael McCullough, 43, of Fernwood Drive, Niskayuna, was charged July 2 with driving while intoxicated, obstructing governmental administration and resisting arrest.
    Erica Lyon, 25, of Yates Village, Schenectady, was charged July 3 with petty larceny.
    Cindy Sotomayor, 27, of Central Avenue, Albany, was charged July 3 with petty larceny.
    Jeffrey Woodbeck, 42, of Broadway, Schenectady, was charged July 3 with second-degree aggravated unlicensed operation of a motor vehicle.
    Tara Pritchard, 19, of Palma Avenue, Schenectady, was charged July 6 with petty larceny.
    Jane Kelley, 42, of Fort Hunter Road, Schenectady was charged July 7 with driving while intoxicated.
    Maria Colon-Ruis, 39, of State Street, Schenectady, was charged July 8 with petty larceny.
    Clarence Robst, 32, of Union Street, Schenectady, was charged July 8 with third-degree aggravated unlicensed operation of a motor vehicle.
    Abigail Young, 50, of Hugh Street, Schenectady, was charged July 9 with petty larceny.
    Brian, Eriksen, 43, of Helderberg Avenue, Schenectady, was charged July 9 with third-degree criminal mischief.
    Michelle Lebron, 21, of Clement Road, Schenectady, was charged July 9 with issuing a bad check
    Loreal Smith, 29, of Pennsylvania Avenue, Schenectady, was charged July 9 with petty larceny, and third-degree unauthorized use of a vehicle.
    Alesia Palma, 48, of Dussault Drive, Latham, was charged July 9 with issuing a bad check.
    Heidi Schmelzlen, 20, of Woodbridge Avenue, Rotterdam, was charged July 9 with third-degree aggravated unlicensed operation of a motor vehicle.
    Nicholas Bordeau, 18, of Adams Street, Schenectady, was charged July 10 with second-degree obstruction of government administration and resisting arrest.
    Matthew Dickershaid, 29, of Old River Road, Niskayuna was charged July 11 with driving while intoxicated.
    Stanley Prescott, 25, of Tower Avenue, Rotterdam, was charged July 11 with driving while intoxicated.
    Robert Boardman, 31, of Putnam Road, Rotterdam, was charged July 12 with petty larceny.
    Robert Baestlein, 48, of Greenthorne Boulevard, Guilderland, was charged July 12 with second-degree harassment, petty larceny and driving while intoxicated.
    Robert Noisseau, 20, of Lent Court, Schenectady, was charged July 12 with driving while intoxicated.
    Kisha Bailey, 36, of Craig Street, Schenectady, was charged July 13 with petty larceny.
    Misty Nicholas, 29, of Robinson Street, Schenectady, was charged July 13 with second-degree aggravated harassment.
    Robert Noisseau, 20, of Lent Court, Schenectady was charged July 13 with third-degree unauthorized use of a vehicle.
    Sheermeela Depoo, 42, of Lincoln Avenue, Schenectady was charged July 13 with petty larceny.
    Wiliam Forte, 49, of Grand Street, Amsterdam, was charged July 14 with petty larceny.
    Cristian, Potter, 16, of Broadway, Rotterdam, was charged July 14 with petty larceny.
    Brukeia Williams, 27, of Washinton Avenue, Schenectady, was charged July 15 with petty larceny.
    Khaled Kassim, 32, of Crrane Street, Schenectady, was charged July 15 with third-degree aggravated unlicensed operation of a motor vehicle.
    Marie Schmelzien, 18, of Becker Street, Schenectady, was charged July 15 with second-degree aggravated unlicensed operation of a motor vehicle.
    Kenneth Allen, 18, of Williams Street, Rotterdam, was charged July 16 with petty larceny.
    Rashaun Priest, 20, of Hawk Street, Schenectady, was charged July 16 with third-degree bail jump and petty larceny.
    Jennifer Woodward, 25, of Putnam Street, Schenectady, was charged July 16 with issuing a bad check.     

Quoted Text

ROTTERDAM
POLICE DEPARTMENT
    Justin Graham, 16, of Hoffman Lane, Rotterdam, was charged July 20 with fifth-degree criminal possession of stolen property.
    Nicole Lynch, 22, Altamont, was charged July 22 with seconddegree criminal impersonation, fourth-degree criminal mischief, petty larceny and possession of burglary items.
    Cody Ogilvie, 18, of Adams Street, Rotterdam was charged July 22 third-degree criminal mischief.
    Kenneth Allen, 18, of Williams Street, Rotterdam was charged July 22 with petty larceny and second-degree burglary.
    William Sawyer, 22, of Glen Avenue, Amsterdam, was charged July 23 with first-degree criminal contempt and other violations.
    Aneeta Bashash, 19, of Van Vranken Avenue, Schenectady, was charged July 23 with petty larceny.
    Andrew Gary, 30, of Lark Street, Albany, was charged July 24 with petty larceny.
    Otis Williams, 36, of Manhattan Street, of Schenectady, was charged July 24 with second-degree criminal contempt, third-degree criminal mischief and other violations.
    Ashley Homeyer, 18, no address, was charged July 24 with third-degree criminal mischief and other violations.
    Laura Pulcher, 35, of Starling Avenue, Schenectady, was charged July 24 with petty larceny.
    Jeffrey Schlight, 16, of Harold Street, Schenectady, was charged July 24 with petty larceny.
    Denise Larmour, 39, of Fort Hunter Road, Rotterdam, was charged July 25 with driving while intoxicated and other violations.
    Brian Askew, 49, of Beverly Street, Rotterdam, was charged July 25 with second-degree aggravated unlicensed operation of a motor vehicle, driving while intoxicated, second-degree obstruction of governmental administration and other violations.
    Mitzy Hasbun, 25, of Hawk Street, Schenectady, was charged July 25 with petty larceny.
    Robert Gadson, 35, of Brandywine Avenue, Schenectady, was charged July 26 with fourth-degree grand larceny and other violations.
    Thomas Ehlers, 19, of Theodore Road, Rotterdam, was charged July 26 with third-degree burglary and third-degree criminal mischief.
    Jason Smith, 21, of Julianne Drive, Castleton, was charged July 26 with third-degree aggravated unlicensed operation of a motor vehicle.
    Mark Viscusi, 30, of Old Fort Avenue, Schenectady, was charged July 27 with driving while intoxicated and other violations.
    Jennifer Loso, 19, of Westside Avenue, Schenectady, was charged July 27 with petty larceny.