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Blog Posts in May, 2012

  • Under New York State and Federal law, the police must respect a suspects constitutional rights when making an arrest and taking a person into custody. The police must have probable cause before they can arrest someone and they must not use excessive force when apprehending or taking an individual into custody. If they do not respect these rights, they can be held responsible for the improper and ...
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  • http://blogs.lawyers.com/2012/05/visiting-nyc-prepare-to-be-frisked/
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  • In a troubling study conducted by the Department of Justice, it was found that 1 out of every 10 state prisoners are sexually abused – or 9.6% of the entire state jail population. What makes the sexual abuse even worse is that a great majority of the incidents involved physical restraint. As a result of this alarming statistic, the Department of Justice is establishing a program that will ...
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  • In the latest round of the battle against Mayor Bloomberg and the NYPD and their stop and frisk policy, a federal judge granted class-action status to several thousand New York citizens who claim that they were illegally stopped and/or frisked. This decision comes on the heels of a report by the NYCLU who has found that the number of stops and/or frisks by the NYPD has drastically increased on a ...
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  • In the latest round of the battle against Mayor Bloomberg and the NYPD and their stop and frisk policy, a federal judge granted class-action status to several thousand New York citizens who claim that they were illegally stopped and/or frisked. This decision comes on the heels of a report by the NYCLU who has found that the number of stops and/or frisks by the NYPD has drastically increased on a ...
    Continue Reading
  • The NYPD will End Stops and Frisks of Livery Cab Passengers

    || 17-May-2012

    The City of New York has recently agreed to train its police officers to end the policy of stopping and frisking livery cab passengers. The civil suit was started by two men who were detained after their livery cab was stopped as a result of the Taxi and Livery Inspection Program (TRIP). Once they were detained, they were frisked. What made the stop and frisk more improper was that the livery cab ...
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  • The NYPD will End Stops and Frisks of Livery Cab Passengers

    || 17-May-2012

    The City of New York has recently agreed to train its police officers to end the policy of stopping and frisking livery cab passengers. The civil suit was started by two men who were detained after their livery cab was stopped as a result of the Taxi and Livery Inspection Program (TRIP). Once they were detained, they were frisked. What made the stop and frisk more improper was that the livery cab ...
    Continue Reading
  • The NYPD will End Stops and Frisks of Livery Cab Passengers

    || 17-May-2012

    The City of New York has recently agreed to train its police officers to end the policy of stopping and frisking livery cab passengers. The civil suit was started by two men who were detained after their livery cab was stopped as a result of the Taxi and Livery Inspection Program (TRIP). Once they were detained, they were frisked. What made the stop and frisk more improper was that the livery cab ...
    Continue Reading
  • Federal District Judge Grants Petition for Habeas Corpus

    || 14-May-2012

    In an unusual federal criminal decision, a federal judge from the Eastern District of New York granted a defendant’s Habeas Corpus petition on the grounds that the state court trial judge acted vindictively in rendering sentence. In the matter of Izaguirre v. Lee, Federal Judge Joseph Bianco found that trial judge’s announcement that defendant would be sentenced to 25 years in prison ...
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  • Recently, the New York Civil Liberties Union (NCLU) analyzed the NYPD’s 2011 computerized data base for information regarding stops, frisks, reasons for stop and recovery of weapons. What the report found was troubling. In 2011, the NYPD stop and questioned people 685,724 times. Out of those stopped, 9 out of 10people were not ticketed or arrested for any crime. On top of this, 55.7% of ...
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  • The New York Court of Appeals drew a distinction between incidental viewing of child pornography and the active possession or procurement of the images. In the case of People of the State of New York v. James Kent, a College professor was convicted of 143 counts of possession and procurement of child pornography. He was ultimately sentenced to 1-3 years in upstate prison. However, the New York ...
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  • A former NYPD officer was sentenced to 75 years to life for raping a woman in the inwood section of New York. The case made headlines due to the jury's decision to acquit the NYPD officer of the most serious offense of Rape in the First Degree and instead convict on the lesser charge of Sexual Assault. Although no reason was given for the decision, the New York Criminal Defense Attorney in the ...
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