New York Civil Rights And Criminal Law Blog

The fourth amendment protects citizens from unlawful search and seizure. This means that government officials and police cannot search your belongings without certain conditions. It is essential to understand how this amendment protects your rights, and what exclusions exist. When are search warrants needed? According to FindLaw, police officers must have a warrant to search your private property in most cases. There are exclusions to this rule, however, such as the following: You consent to the search Criminal evidence is within plain view An emergency requires an immediate search without a...

A person serving a prison sentence has the right to do so in humane conditions and free from abuse. However, in New York prisons, this is not always the case. Instances of physical force throughout the prison system seem to rise over the years. Excessive force is a term many are familiar with when it comes to police misconduct. It also refers to the unnecessary physical force exerted upon anyone held in a prison or jail. Discover some examples of excessive force and what may result if not stopped. What makes the force appropriate? Controlling the movements and behavior of prisoners and...

While it is true that law enforcement officers have significant latitude to discharge their duties, they sometimes overstep their authority. Victims of potential law enforcement misconduct may rely on Section 1983, a statute that addresses the protection of their civil rights under the Constitution. About Section 1983 The history of Section 1983 begins in the 19th century. Originally, the statute was part of the Civil Rights Act of 1871, which sought to eliminate oppressive conduct by the Ku Klux Klan and other vigilante groups. It is now included within Title 42 of the United States Code....

The role of the police is to protect and serve citizens. While many officers take their role seriously, many others do not. Too often law enforcement oversteps their boundaries, which leads to civil rights violations, injuries and loss of life.  As explained by the ACLU, law enforcement must respect your rights in all situations.  When police arrive at your home The police must show a signed warrant with your exact name and address listed before entering your home. It is permissible to ask to see the warrant, as well as officer identification. While you must allow entry when given a signed...

In New York, people like you who end up incarcerated within the system are not fully stripped of all rights. While it is true that incarcerated individuals suffer from a loss of many rights, you still have certain protections.  Acts and laws like the Civil Rights of Institutionalized Persons Act work toward ensuring that goal. But what do acts like this accomplish? What do they protect?  What does CRIPA protect? The United States Department of Justice lays out the Civil Rights of Institutionalized Persons Act, or CRIPA. First and foremost, note that private facilities do not fall under the...

As a resident of New York, you have rights that protect you from the misconduct of police officers. But police misconduct covers a wide variety of potential behaviors, actions and situations.  Thus, it is important for you to understand what police misconduct is. This way, if you come across it, you know that you can fight back.  What is police misconduct? The United States Department of Justice defines police misconduct. Situations involving police misconduct also involve allegations of Constitutional violations. In other words, you are claiming an officer broke a law or violated the...