1. WHEN CAN THE POLICE MAKE AN ARREST?

A police officer cannot arrest someone unless there is a warrant for their arrest or the officer has probable cause to believe the person committed a crime.  If someone has been taken to the precinct, "booked", and sent to Central Booking to see a judge, that person, of course, have been arrested.  

 

The law also considers someone under arrest if they have been deprived of their freedom of action in any significant way.  If a member of NYPD has detained someone, even for a short time, they have been arrested.  If a person is taken to the precinct and released from the precinct, or taken to central booking and released without charges before seeing a judge, that person may have been arrested.  Moreover, if the officer only holds someone on the street for a few minutes and releases them without even taking them to the precinct, they too may have been arrested.

 

2. WHAT IF I WAS FALSELY ARRESTED?

If an individual has been arrested without a warrant and without probable cause, their civil rights may have been violated and they may have a lawsuit against the police.  That person can make a complaint to the Civilian Review Board ("CCRB") and a lawyer can enforce their rights in court.  

 

A lawyer can represent someone in a claim against the New York City Police Department (NYPD) and the City under New York State tort law (false arrest, false imprisonment, malicious prosecution, and others) and federal claims (42 U.S.C. § 1983).  If an individual can show that the officer was malicious then he may be entitled to even more money, or what is referred to as punitive damages.  An experienced attorney will be able to determine which course of action to take.  It is likely that a false arrest lawsuit claim will not end up going to trial because of the high likelihood that a settlement will be reached prior to the commencement of any trial.

 

3. WHAT IF MY CRIMINAL CASE IS OVER?

To have a valid claim for false arrest, a person must have received a favorable disposition of their criminal case.  That is the criminal case (or summons, or desk appearance ticket ("DAT") must have been dismissed or the person must have been found not guilty.  In New York federal courts, acceptance of an Adjournment in Contemplation of Dismissal ("ACD") preserves a claim for false arrest.  If any of these occurred in a case, that individual may be able to sue for false arrest because their civil rights have been violated.

 

4. WHAT IF THE POLICE ENGAGED IN MISCONDUCT?

No one is above the law, and that goes for NYPD, Correction Officers, and others in position of authority.  If some forget or ignore that fact, make mistakes, lose control or abuse their powers, the victim of their wrongdoing may be able to recover substantial damages.

 

Use of excessive force by police during an arrest or under other circumstances, (whether or not the arrest itself was justified), police brutality, unlawful detention, confinement, humiliation, physical, mental harm, use of excessive force or threats, prisoner abuse by corrections officers or other jail personnel may allow a victim to collect compensation.  No amount of compensation, however, will ever resolve the fact that one's civil rights were violated and these scars might never heal.  

 

Our justice system, however, has a responsibility to ensure that ill-treatment and excessive force will not be tolerated under any situation.

 

5. WHAT SHOULD I DO IF I AM STOPPED BY THE POLICE?

Regardless of one's immigration or citizenship status, you have rights.  Remember:

• You have the right to remain silent.  If you want to exercise that right, tell the police that

• You have the right to refuse to consent to a search of yourself, your property, your car, or your home

• If you are not under arrest, you have the right to leave

• If you are arrested, you have the right to a lawyer.  If you want to exercise that right, tell them

• During any encounter try and stay calm

• Do not interfere or obstruct the police

• Do not lie or give false documents

• Remember the details of the encounter,

• Request the Officer's name and badge number

 

 

6. CAN I VIDEOTAPE THE POLICE?

In short, yes.  Photographing or videotaping a police officer is a constutionally protected right so long as it is done in a public place and you are not interfering with legitimate law enforcement operations.

Remember:

• When in a public space you can photograph things or people that are in plain view.

• When on private property, the property owner may set rules about the use of photography or video.

• Police officers are not permited to confiscate or demand to view digital photographs or video without a warrant

• Police officers may not delete photographs or video under any circumstances.

• Police officers may legitimately order citizens to cease activities that are truly interfering with legitimate law enforcement operations.