Police Conduct

The Police Violated My Constitutional Rights. Can I Sue?

November 9, 2016
police

The simple answer is: yes, you may be able to sue if the police have violated your constitutional rights. Let’s explore that further. In New York, we rely on police officers and other state law enforcement officials to enhance our quality of life, enforce the laws of New York and the United States, preserve peace […]

Read More...

I Have Been Unlawfully Arrested by the NYPD

June 1, 2016
unlawfully arrested by NYPD

Simply put, police officers are only legally allowed to arrest you when they have “probable cause” to show that you have committed an offense. In order to show probable cause for an arrest, police officers must be able to show that there were objective circumstances and facts that lead them to believe that you had […]

Read More...

Body Cavity Searches – Can Police Conduct on Anyone?

December 3, 2013
Body Cavity Search

Earlier this month, civil rights lawsuits filed against New Mexico law enforcement officers after they conducted highly invasive body cavity searches made headlines. Two men, who were each pulled over for traffic violations, were forced to undergo body cavity searches after a drug dog alerted to their cars. One of the men was subjected to a […]

Read More...

Major Developments in New York City Stop-and-Frisk Case

November 19, 2013

In a previous post, we addressed the controversy surrounding the stop-and-frisk practices of the New York City Police Department. We also discussed Floyd v. City of New York, the class action lawsuit alleging that New York City officials and NYPD officers violated the constitutional rights of hundreds of thousands of people via the NYPD stop-and-frisk […]

Read More...

Understanding Stop-and-Frisk Searches

October 11, 2013

The stop-and-frisk search is one of the most controversial police tactics in use — especially in New York City.  Lately, stop-and-frisk practices have been in the news.  A high-profile civil rights lawsuit, which alleges that the New York Police Department violated the constitutional rights of hundreds of thousands, is working its way through the federal courts […]

Read More...

Can Police Search My Cell Phone?

October 3, 2013

If you are arrested with a cell phone on you, can police search its contents?  We are often asked this question by clients where law enforcement has seized their cell phones and refuse to give them back.  Whether the police can search those phones without a warrant depends on where you’re arrested.  At least, for […]

Read More...

Lifting Back the Curtain: The Looming Battle for NYPD DWI Records

January 23, 2013

Separate and apart from our representation of clients on DWI cases, we have a long-standing interest in government transparency.  By that, we mean that we think government agencies should be required to make information available to the general public about their activities and work.  New York has a legal mechanism for this disclosure called the […]

Read More...

Videotaping & Criminal Justice Reform: A Case Study

December 9, 2012

Video technology is a fact of life in today’s modern world.  We have our smartphones, TIVOs, DVR recordings, video editing.  It is all at accessible and at our fingertips.  Despite the perfusion of these devices in our daily lives, law enforcement has been consistently resistant to any advances that allows us to “watch the watchers.” […]

Read More...

Cops Not Believable – DA “Over Tries” – Suppression Granted

October 25, 2012

Our office prides itself on trial advocacy.  We work hard to hone our trial skills, developing trial theories, executing them effectively.  This process take a lot of work.  But one of the hardest lessons we have had to master is how not to “over try” a case.  Trial lawyers often use this term: “over try.” […]

Read More...