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 illegal conduct. In New York, the misconduct of NYPD
officers have been brought to light following a
statistical study of the NYCLU of New York City's stop and frisk policy. The results of that study
showed that the NYPD stopped and questioned people 685,724 times. Out
of those stopped, 9 out of 10 people were not ticketed or arrested for
any crime. On top of this, 55.7% of those stopped were frisked, but of
those frisked a weapon was found only 1.9% of the time.
Sullivan & Brill's New York Criminal Defense Attorney, Steven Brill was recently interviewed by
Lawyers.Com on his opinion and experience with New York's stop and frisk policy.
In the interview, New York Criminal Attorney Steven Brill expressed his
dismay in the staggering rise of stop and frisks by the NYPD. Needless
to say, our criminal defense lawyers at Sullivan & Brill are well
aware of the alarming increase in improper stop and frisk conduct by the
NYPD and are using this conduct to better represent our clients who have
been arrested and charged with a New York State or Federal crime.
Sullivan & Brill has partnered up with experienced co-counsel to bring
lawsuits for false arrest, malicious prosecution and police brutality
against the New York City Police Department, as well as other municipal
entities and the offending officers. Victims often don’t realized
that even without a serious physical injury, they may have a strong case
for the violation of their civil rights. In one recent case
Sullivan & Brill and co-counsel obtained a $250,000 settlement on behalf of middle eastern man that was falsely accused of scalping tickets
at a well known New York City theater. He was pulled from the line, his
arm was twisted behind his back and he was thrown on the ground, but he
was not otherwise injured.
If you believe you have been falsely arrested you must act quickly. In
most cases when a false arrest claim is filed against New York City or
the United States Government, the claim must be filed within a certain
period of time or else you may be legally prohibited from filing a false
arrest claim. It is also important that you speak to a New York Attorney
that handles false arrest claims,
before your underlying criminal case is resolved. Certain criminal convictions may preclude you from filing a viable false
arrest claim. Furthermore, if you have filed a complaint with the
civilian complaint review board (CCRB) in connection with your arrest, it is important that you maintain the
arresting officer's name and badge number and the CCRB's case
number for your records.