Two officers of the police department were assigned to the prisoner van component and while driving in one of the avenue they saw the man with another individual. As the two walked north, the officers saw the man adjusting the right side of his waistband. The officers thus decided to follow the men as they walked around the block. A New York Criminal Lawyer said deeming the man to conduct a crime as indicative of his possession of a firearm and given what they characterized as a circuitous route, the two took in a high-crime area and decided to stop the men.
The officers approached the two men and ordered them to stop. The other officer approached the man’s companion to question him, turning his back to his companion. While the other officer approached the man to search him and removed from his right pants pocket a firearm. The two officers then arrested the man for criminal possession of a weapon.
The man was detained at the precinct and subsequently transferred to a correctional facility. Consequently, the man was indicted for criminal possession of a weapon in the third degree. A Mapp hearing was held and the arresting officer testified. After the trial, the charge against the man was dismissed.
The man filed a summons and complaint on the police officers, asserting claims for false arrest, false imprisonment, malicious prosecution, negligent and intentional infliction of emotional distress, and civil rights violations. A Long Island Criminal Lawyer said the man served the police officers with a verified bill of particulars and the deposition of the man and the arresting officer were conducted. The man filed a note of issue.
The officer executed an affidavit setting forth his version of the facts leading to the man’s arrest, stating that he observed the man and his friend acting suspiciously, as the man had repeatedly adjusted his waistband, the two had walked around the block in a high-crime area, and the man’s friend briefly disappeared from their view, leaving the man standing on the street corner. A Brooklyn Criminal Lawyer also also states that while stopping the man, he asked him to show his hands and inquired as to whether he had anything he should not have and that the man did not respond verbally but instead placed his hands on a car parked at the curb and spread his legs. He observes that the man seemed nervous, as he was sweating, jittery, and scanning quickly with his eyes after he asked him again if he had anything he should not have, and specifically if he had any sharp objects on him and that he decided to search him because he feared for his safety.
Based on records, the state city charter provides that all actions and proceedings for the recovery of penalties for the violation of any law shall be brought in the name of the city and not in that of any agency, except where otherwise provided by law. As a city’s agency, the police department may not be sued.
Further, when the man’s civil rights claims are premised on common law claims for false arrest, false imprisonment and malicious prosecution, the claims are dismissed because the opponents have demonstrated that there was probable cause for the arrest and the claims must be dismissed as well.
The court finds that the police officer’s motion for decision without trial is granted as to the man’s common law claims for false arrest, false imprisonment, and malicious prosecution. The court also ordered that the police officer’s motion for decision without trial is granted as to the man’s federal claims for false arrest, false imprisonment, and malicious prosecution. Further, it us ordered that the police officer’s motion is denied as to the man’s federal claims related to his stop and search. It is also order that the remainder of the action shall continue.
If you believe that the arrest you have experienced is peculiar and you want to file charges against the people responsible, ask the advice of the NY Arrest Attorneys to help you with your contentions. If you consult the NY Criminal Attorneys at Stephen Bilkis and Associates, they can offer extensive and thorough assessment of your case.