Q: I was cuffed and taken to the local precinct in my community for driving
on a suspended license. .was detained and released in about 3hrs..were
fingerprinted but no mugshot taken then released. ..I am trying to
understand and want to know if that was protocol for someone who has
never been in trouble with the law before. .I'm struggling with this
because I was given the option of cutting my nails to be fingerprinted
or possibly being taken to the holding cell at central booking where I
may have had to spend the weekend in jail until seeing a judge on monday
morning. ..Distraught in Bx
A: David's Answer: If the arrest itself was
legitimate (obviously that assumes a lot), then they had the power to
arrest you. The only issue then was whether they really needed to have
you cut your fingernails. It's hard to say since I don't know what
they'd say about why they couldn't do the fingerprints with them long,
but if you feel they acted improperly, file a complaint with the
Civilian Complaint Review Board: http://www.nyc.gov/html/ccrb/html/home/home.shtml - David Bliven, Civil Rights Law attorney (www.blivenlaw.net)
David Bliven is a former prosecutor who handles police misconduct cases as well as governmental agency (CPS & ACS) misconduct and fair hearing matters. His website can be found at www.blivenlaw.net.
Thursday, August 21, 2014
Monday, August 11, 2014
I was pulled over, can my parole officer take and keep my phone, as well as text my contacts?
Q: My ex husband was pulled over (they were waiting for him so his parole officer was present) and he was taken into custody for a parole violation. His parole officer took his phone from his truck, and after taking his phone, proceeded to contact people in his phone pretending he was my ex husband (my ex husband's parole case was drug related, so they were trying to "catch" him by contacting people in his phone). My ex husband is still incarcerated, awaiting his parole hearing, and his parole officer is refusing to turn over his phone, claiming "they are not quite done with it." Is this legal? Is there a way to get the phone back? Thank you!
A: David''s Answer: The parole officer would generally have needed a warrant to access his phone. Thus, any evidence he obtains will potentially be suppressed. You should immediately file an application for a return of the property and/or file a motion before the Judge presiding over the parole hearing for a return of the seized property. For more info, schedule a consult with a Civil Rights lawyer in your area. - David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
A: David''s Answer: The parole officer would generally have needed a warrant to access his phone. Thus, any evidence he obtains will potentially be suppressed. You should immediately file an application for a return of the property and/or file a motion before the Judge presiding over the parole hearing for a return of the seized property. For more info, schedule a consult with a Civil Rights lawyer in your area. - David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
Is illegal to recording federal building, transportation facilities (including airports), and police officers in NYC?
Q: I'm just wondering , if i am recording a federal building the police is allow to ask me about my identification ? also are police officer require to get a warrant to tap conversations occurring over phone or no?
A: David's Answer: I'm not aware of a prohibition against photographing federal buildings, unless you're loitering or trespassing. Moreover, it is not illegal to film the police unless they can say that you're "obstructing governmental administration." Finally, generally police need a warrant to tap phone conversations. For a full assessment, schedule a consult with a Bronx Civil Rights lawyer. - David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
A: David's Answer: I'm not aware of a prohibition against photographing federal buildings, unless you're loitering or trespassing. Moreover, it is not illegal to film the police unless they can say that you're "obstructing governmental administration." Finally, generally police need a warrant to tap phone conversations. For a full assessment, schedule a consult with a Bronx Civil Rights lawyer. - David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
Monday, August 4, 2014
Please help my bf is an inmate and was brutally beat up badly by three CO's . Help.
Q: Please help my bf is an inmate and was brutally beat up badly by three CO's . Help. I am so scared.
I want to go to the media apply to get him transferred and raise hell but what if they hurt him or its more serious.
I can't bear to think losing him. Please advise me how to keep him safe from this point in
I could put in a transfer request for other reasons but I want them to know I know and then maybe they wont hurt him.
A: David's Answer: His best protection is actually to complain about the situation, as then the spotlight will be on the officers. Indeed, your best move is to hire an attorney & have both a federal civil rights case filed as well as a complaint with the civilian complaint review board. Thus, call a NYC Civil Rights lawyer as soon as possible to schedule a consult. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
A: David's Answer: His best protection is actually to complain about the situation, as then the spotlight will be on the officers. Indeed, your best move is to hire an attorney & have both a federal civil rights case filed as well as a complaint with the civilian complaint review board. Thus, call a NYC Civil Rights lawyer as soon as possible to schedule a consult. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
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