NYC police laws, police disobeying laws, police rights, branches etc..?
I live in Brooklyn, NYC. Around me including myself people are getting arrested for the most ridiculous things that I believe the officers did not have a right to make the arrests in the first place. For some time now I am researching and reading in depth laws but its confusing sometimes, so I will just describe a few instances I've had along with some questions and how should we react to it next time.
What most confuses me is the rights of undercovers and narcotics squads. What goes on a lot is some kids including me are just walking. We're not screaming about any drugs or doing anything hotboy. This has happened multiple times, where out of nowhere narcotic squads run up to you (in one instance one pushed me over to a wall without saying anything) and start searching us. For the times that they have found something, it was usually just a dub of weed (less then a gram) and lock the person up possessing it into the van until in gets filled up and already about 15 hours of your life lost.. As I read in some laws, the fourth amendment and warrants thing doesn't give them a right to do that unless they suspect us in a criminal activity, and even if its suspicion then they can only search for weapons. Did I understand what I read wrong?
Other things I've constantly seen is when undercovers pull over a vehicle for a traffic violation. When do police have the right to search your vehicle? I've heard that they can't check the trunk, but in all these times I saw them checking the trunks. In one instance a driver looked like he was on drugs, and they were searching his car and then let him go, but other instances I saw for example someone ran a red light and they start searching the vehicle including the trunk.. Under what circumstances can they check the trunk? Can they check the glove compartment? even if its locked? I got pulled over by undercovers once too but he seemed nice and let me go but other days I might not get so lucky..
Last week I got arrested for trespassing. There is a park, and beyond that is a broken fence where there is a small forested area. Beyond the forested area is a private golf course. There were no signs or anything indicating that you are trespassing. I also had an open container, but the officer clearly seeing it told me to just put it away. I was with my girl in the forested area, but a significant distance before the golf course though a little distance beyond the broken fence without any signs. The place is usually empty, and I'm certain that the golfers don't use the territory because I used to go to those little woods since my junior high school days. Eventually though there were 2 undercover cars with 2 kids each in it aged 16-18 (they let my girl go, but they took me and my friend, cause here cops have nothing better to do then hunting for kids). Just a side note but what I find more ridiculous is that the guy who came about an hour later with like an ounce got released earlier then me..
Another instance my friend on his birthday was with another friend of mine. Dtecs come up to them asking if they can get weed around. I was not there.. so I couldn't tell them to tell them no =/ but not the point, they go to a small time weed dealers house. the bday kid had no money on him and wasn't planning to pick it up, he was just waiting in the hallway in a building while the Ds with the other friend picking up step further down the hall.. when the dealer comes down, they start assaulting everyone including my friend that was waiting in the hallway, take all of them in, and later transfer them to bookings, even though he had no possession on him or anything, not to mention him being assaulted for just standing there.
So my question. From these situations I'm sure many similar ones will happen. Are there any ways to prevent searches or arrests? Those are just a few to mention though, and I have gotten arrested multiple times, with all my cases dropped but being in a cell for more then 10 hours for each ridiculous thing (some not even including weed and drugs) is just like wtf.. go catch real criminals which are loose.
@Ben - He was just standing still when they assaulted him. I highly doubt the pot was smelled during that instance. They were too far of a distance and it was a low amount of weed. Bensonhurst isn't really a bad neighborhood although it did get worse over the years. And quitting anything won't make the cops go away. One of my friends was smoking a black and mind once and Ds searched him and another kid.. They don't smoke but still the Ds harrassed them, and once the search was finished they just threw their stuff on the ground.. damaging his new phone..
@q S - Some searches weren't after a purchase, but just leaving my own building. Is it really a suspicious, reasonable reason for a search? Can I ask them for the reason before they search me? Is there anyway to prevent a full search if I have done nothing suspicious, or possibly get a frisk instead of a search? And about it being private property.. I seriously thought the woods were part of the park because of all the trees and bushes
- q SLv 79 years agoFavorite Answer
There are many questions in your text above.
- What rights do the police have? They have the same rights as everyone else (here is the list): http://www.law.cornell.edu/constitution/billofrigh...
It is not uncommon for the police to have an undercover person on the street or in a building watching when you purchase narcotics. The spotter radios your description in to the officers in the cars who make the bust.
- In order to be charged with trespassing are signs required to be posted? No, it assumed that you know not to go on someone else's property.
- Is there a method to speed up the arrest and booking process? Yes, but it would take tons of money. With the budget cuts, the police have to do the work in a way to save the high cost of their labor (many of the detectives in the NYPD make well into the six figures). The good and decent people of NYC do not want to pay more money to make the booking process for criminals more pleasant.
- Why do the police invest time in correcting the behavior of juvenile offenders? The police are worried that juvenile criminal behavior, if left unattended, will grow into much more serious adult criminal behavior.
- When are police legally authorized to use physical force on a suspect? Police can use physical force to subdue or restrain a person who is not obeying verbal commands. Police are just like parents - if you don't obey your parents you get spanked. The police are allowed to use enough force to subdue you quickly. The authorized force could include; punch, kick, baton strikes, knees, elbows etc. The police must stop using force after you have been subdued and handcuffed and stop your resistance. In some rare cases, a slow learner, will continue to resist the police after being handcuffed and the process starts again.
- "... I've heard the police can't search a vehicle trunk...". You heard incorrectly.
- You also are mixing up two legal terms; reasonable suspicion and probable cause. Reasonable suspicion is the legal standard to stop you or your car on the street. Probable cause is the legal standard to search your car, issue a ticket or summons or even make an arrest.
- The courts place a higher standard on searching your home as opposed to your car (read below about the "automobile exception")
- How does one reduce the likelihood of being contacted by the police:
+ Don't purchase narcotics
+ Don't abuse narcotics and/or alcohol
+ Don't trespass on private property
+ Don't hang out with or associate with criminals
+ Don't visit the high crime areas of the city
+ Ensure that you follow all traffic laws
+ Ensure that your vehicle meets the required safety and registration requirements
Hope this helps!Source(s): http://en.wikipedia.org/wiki/Reasonable_suspicion http://en.wikipedia.org/wiki/Probable_cause http://en.wikipedia.org/wiki/Motor_vehicle_excepti...
- ?Lv 69 years ago
They Have to have Probable Cause, reasonable suspicion. Assaulting a 15 yo is illegal except in circumstances where you may be holding a weapon. They Must tell you what they are doing, it's only 6 seconds of their time.
Reasonable Suspicio/ P/C might be smelling pot, remember that.
A Traffic stop may get P/C if pot smelled, driver impaired, etc.Not simply by a traffic stop. How do you Know these didn't happen?
A cop can search if the driver Lets them. Again, maybe This happened? If no probable cause, he can insist on his rights and lock doors. Cops can then only get police dog--if it smells nothing, he Must be released.
You shouldn't carry the stuff or be around those who do. You sound like you're in a bad neighborhood, too. I'd move.
Unfortunately, unless you quit the weed and the associations, not much you can do. Even if rights violated, you Were in possesion. Judges rarely listen in these cases.
If you quit this, and it still happens, no evidence: file complaints on all officers involved, get badge numbers, both to the Chief of Precinct, Internal Affairs, And the citizen's advisory committee. Complaints stay in their records permanently.
This is All you can do short of a civil suit. You can't afford one.Source(s): filing complaints ag.cops who harassed me at home.
- Anonymous9 years ago
Alright, first off im from bk too, i know that the cops in ny can be assholes. Judging by your post, i take it that you are a minority. It dont matter to me, but the nypd is the most crooked, discriminatory police force in the world. Dont bother trying to lawyer up or fight some petty misdemeanor drug s***, instead, w/out being a rat just cop to everything up front. This way most likely you will get leniency towards your "bad deeds":)... -A couple of tips from someone who has had his fair share of run ins with ny's finest,
-know ur weights, never ever carry more than an oz of anything.
-Don't cuss around or stare down a cop.
-Don't have your drugs packaged for sale, you could have an eighth of coke, but if it is divided into 6-7 bagies, ur facing felony charges.
-It is gonna be hard for any minorities in ny not to be arrested, but i suggest dress like ur a white kid, say sir and maam,
-btw, if you are selling, make sure your customers ask you, NEVER, NEVER ask them, this way, the cops will have their hands tied due to entrapment.
-If u get pinched the cops will lie to you and isolate you so u will incriminate urself and ur friends, so do us all a favor and take the blame, or keep your f*cking mouth shut.
-My favorite phrase, "We want you to make a statement." "Oh, I'm sorry I believe I left my statement up your mother's ***."Source(s): None
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- myrleLv 44 years ago
Depends on what your speakme approximately. There are a few officials available in the market that do disobey the regulation, however I might say the vast majority of them obey them. They are human just like the relaxation folks. They are area to the equal punishments for disobeying the regulation like us.
- Jimm BobbLv 69 years ago
With your arrogant attitude, you'll have many more trips to the jail in your lifetime.