New York Civil Rights And Criminal Defense Lawyers

Month: July 2017

False imprisonment versus shopkeeper’s privilege

No one is legally permitted to imprison or detain another person without very good reason for doing so. However, when it comes to potential shoplifters and a shopkeeper's right to detain someone suspected of stealing from a store, shopkeepers benefit from what is referred to as "shopkeeper's privilege." According to shopkeeper's privilege, a shopkeeper may detain a suspected shoplifter for a reasonable period of time if, given the circumstances, the there exist reasonable grounds to do so. The notion of "reasonableness," however, is highly subject to interpretation. As such, there could be...

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Understanding the 4th Amendment

American citizens are guaranteed certain rights within the United States Constitution. One of those rights is in the 4th Amendment, which protects citizens against unlawful searches and seizures. Police officers may not always stay on the right side of the law, either intentionally or unintentionally. Therefore, it is up to New York citizens to educate themselves about their rights. All people should understand what protections the 4th Amendment provides, and understanding it more thoroughly may help one day. Within the home A police officer cannot search a person’s home without a warrant....

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How video evidence helps to combat police brutality

For decades, police in New York have -- literally in some cases -- gotten away with murder due to the fact that there aren't always witnesses or evidence of the police brutality they commit against the public. However, this is changing due to the use of video evidence recorded by citizen cellphones and surveillance cameras. Out of 4,426 recent complaints of police brutality in New York, 794 of them utilized video evidence as proof. These complaints were all filed in 2016. This number is starkly different from the 4,268 complaints filed in 2012 because only 43 of them included video evidence....

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How do you file a complaint against a corrections officer?

Have you been the victim of a civil rights violation by a New York correction's officer? Correction officers are expected to behave according to a certain mode of professional behavior. If you have a grievance against an officer due to sexual abuse, physical assault or some other issue of misconduct, there is a method to file a complaint. In order for the Office of Special Investigations (OSI) to properly evaluate your complaint and see if they can begin an investigation, you need to give them as much information as possible: -- Where and when the incident took place -- The name of the...

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