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.
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