Jun 7, 2017 16:58
6 yrs ago
English term

this gets tossed on a Dunaway

May offend English Other Law (general)
Context: Malone is bribing Michaels, a prosecutor, to drop a charge for illegal firearms possession. They meet in the Criminal Courts Building and Malone hands Michael a newspaper in which an envelope with money is hidden. Then they make a show for anybody who can see or hear them.

“You want this money or you don’t?” Malone asks. “But it’s for
a pass, not a plea.”
Michaels puts the paper in his canvas bag. Then he starts the
show. “Goddamn it, Malone, this gets tossed on a Dunaway.”
Probable cause.
A couple of people glance over as they pass by. Malone glances
over to make sure they’re watching and then for their benefit he
yells, “Known felon, and I saw a gun bulge!”
“What kind of coat was Bailey wearing?”
“The hell am I, Ralph Lauren?” Malone says, playing it out.
“A down coat,” Michaels says. “A North Face down coat. You
gonna stand there and tell me—no,
you gonna tell a judge—you
could see a .25 under that? I’m supposed to go in there and look like
an asshole? A racist asshole, to boot?”
“You’re supposed to go in there and do your job!”
“You do yours!” Michaels yells. “Make a goddamn bust I can
work with.”

My problem is with 'this gets tossed on a Dunaway.' I'm familiar with the vulgar meaning of 'toss' and I've found this: http://www.urbandictionary.com/define.php?term=Dunaway
still the phrase doesn't make any sense to me.

Discussion

allp (asker) Jun 11, 2017:
Thank you, @airmailrpl - that was very quick and comprehensive info,

and @Sheila Wilson - they do sometimes discuss finer points of law, still they're not prone to use finer language registers!
Sheila Wilson Jun 11, 2017:
I don't blame you, Asker Having seen some of your related questions, it has to be uppermost in your mind. These characters are not generally inclined to discuss the finer points of law.
allp (asker) Jun 8, 2017:
Daryo thank you for changing the field. The book is full of obscenities, so I marked it as "potentially offensive" just to be on the safe side. Now I see I was barking up the wrong tree.
Daryo Jun 8, 2017:
Nothing "potentially offensive" in this question - about as much "offensive" as tossing a coin or closer to this ST tossing a piece of paper in the rubbish bin.
Many terms can ALSO have more or less obscene meanings, but given that these characters​ are talking about a court case, why not start with the meaning of a term as when used by lawyers?
airmailrpl Jun 7, 2017:
Dunaway hearing a Dunaway hearing. This type of hearing is based on the case of Dunaway v. State of New York. The Dunaway case determined that custodial questioning based on less than probable cause for arrest violates the Fourth Amendment. A Dunaway hearing is sought in order to determine whether evidence obtained by the police that is the fruit of an unlawful arrest without probable cause may be suppressed. For example, in a DWI case, if a suspect makes statements to police about drinking alcohol during an initial stop but later an unlawful arrest was made, the defendant may request that the statements be suppressed at a Dunaway hearing. If the evidence about the defendant’s statements to the police is suppressed, the prosecutor will not be able to introduce the evidence while presenting his or her direct case during the DWI trial.
https://www.nysdwi.com/mappdunawayhuntley-hearings/
airmailrpl Jun 7, 2017:
Dunaway hearings Dunaway hearings: The Dunaway hearing is always held in conjunction with a Mapp, Huntley, or Wade hearing. The Dunaway hearing is used to determine whether evidence has been seized from a defendant as a result of a search conducted without probable cause.

Criminal Defense Lawyer, Bronx NY : Giampa Law
www.rlgfirm.com/criminal-defense
airmailrpl Jun 7, 2017:
a Dunaway hearing




PEOPLE v. CORTEZ | FindLaw



caselaw.findlaw.com › Caselaw › New York › NYC Crim. Ct.



The issue before this Court is whether a court may, on a Dunaway hearing, determine whether there is probable cause to support a warrantless arrest without ...

Responses

+8
11 mins
Selected

the case gets thrown out/dismissed, citing Dunaway (v. New York)

I'm fairly certain it's this, thought I don't have actual knowledge of the legal background. Read this entry thoroughly--especially the second-to-last sentence--and I think it will be clear to you. Maybe a good reference for the rest of your translation:

https://books.google.com.co/books?id=hszMi3C6sX8C&pg=PA184&l...

https://www.nysdwi.com/mappdunawayhuntley-hearings/

The case gets thrown out for lack of probable cause to be taken into custody and interrogation for a criminal prosecution.
Peer comment(s):

agree airmailrpl : the case gets thrown out/dismissed if submitted to a Dunaway hearing
30 mins
Thank you.
agree Noni Gilbert Riley
57 mins
Thanks, Noni.
agree B D Finch : Also http://nycourts.gov/courthelp/criminal/pretrial.shtml "held on a motion to suppress proof that the police obtained from an illegal arrest."
4 hrs
Very useful. Thank you.
agree acetran
6 hrs
Thank you.
agree Daryo : Good research! BTW, all publicly available on the Web ..// it was perfectly feasible, but much slower - you needed sometimes hours (or days) for what you can find nowadays in seconds - but Web or no Web you STILL need to know how and where to search ...
10 hrs
Thank you. Can't imagine being a translator in pre-internet times...
agree Yasutomo Kanazawa
11 hrs
Thank you.
agree AllegroTrans
19 hrs
Thank you.
agree jccantrell
1 day 4 mins
Thank you.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you, Kathryn, also for the reference materials. I've got Mapp hearing, too."

Reference comments

13 mins
Reference:

Maybe a reference to a film

https://books.google.es/books?id=oucCAAAAMBAJ&pg=PA86&lpg=PA...

--------------------------------------------------
Note added at 16 mins (2017-06-07 17:14:52 GMT)
--------------------------------------------------

Or maybe not :).
Peer comments on this reference comment:

neutral airmailrpl : maybe not
1 hr
Certainly not, even. Your version is clearly the right one.
agree acetran
6 hrs
Thanks
disagree AllegroTrans : I disagree
19 hrs
So do I, now that we have the explanation. I just thought it might be a useful reference - it was never a proposed answer.
neutral Daryo : discussing movies while giving bribes? that would be a very peculiar custom ... // on a more serious note, just shows the importance of getting the context right!
20 hrs
It wouldn't be the first time a name had become associated colloquially with something else. I know there are some examples out there (maybe to do with the Rocky movies?), but I can't bring them to mind. But clearly the context doesn't fit here.
Something went wrong...
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