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yankees98a
Regular Member
| Joined: | Sat Jul 28th, 2007 |
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| Posts: | 128 |
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Posted: Thu May 21st, 2009 03:38 am |
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http://www.myfoxny.com/subindex/news/investigative
or
http://www.myfoxny.com/dpp/news/investigative/090520_The_Vanishing_Husband_and_the_NYPD
The guy rode his bicycle on the sidewalk. He left his ID at home so the police arrested him. They wouldn't allow him to call long distance to his wife's cell phone (had a PA area code) or use his cell phone to call her.
She called the police to report him missing and they told her we don't look for missing adults.
Can a person really be arrested for No ID for a BS crime?Last edited on Thu May 21st, 2009 03:39 am by yankees98a
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Fallschirmjäger
Regular Member
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Posted: Thu May 21st, 2009 04:38 am |
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You can be arrested for eating a ham sandwich on Sunday while dressed in a tuxedo, so long as the Officer is willing to state that he believes there must be a law against such activity. That doesn't mean you violated any law, or ordinance, or that you'll be convicted.
This webpage may be helpful: Rights, NY
Technically, he was operating a vehicle (and I believe, said vehicle must be operated on the public roads, not sidewalks just like any other vehicle), and according to the law he must show his license to operate said vehicle if such license is issued. (yeah, sounds screwy to me, too. )
Last edited on Thu May 21st, 2009 04:42 am by Fallschirmjäger
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Jared
Regular Member
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Posted: Thu May 21st, 2009 01:39 pm |
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You should NOT carry ID at all times. You are only obligated to have ID when doing something that would otherwise be illegal without a license ie. driving a car, carrying a pistol etc. The Supreme Court has rules TWICE on this matter. Kolender v Lawson and Hibel v. 6th Judicial Cir. of Nevada. NYPD's "policy" of taking people in who do not have ID on them can subject them to a 42 USC 1983 lawsuit. I hope this guy drains the bank accounts of every officer involved in this nonsense. NYPD is not above the law. The Supreme Court has spoken.... not once but TWICE on this issue.
I tried to email this message to the reporter but the website has technical issues. I'm tired of this abuse. It gives LEO's a bad name... even more it's upsetting that New York thinks the consitution and Supreme Court rulings to not apply to them. Hopefully this guy files a lawsuti (probably won't) so by the time it is done the offenders will barely have enough money to ride a bike of their own to work.
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Mike
Super Moderator
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Posted: Thu May 21st, 2009 07:36 pm |
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Assuming everything the guy said is true, and he did not give consent, then it sounds like the police unlawfully searched him by searching his bag before making the decision to arrest.
Now let's assume NY is not like Virginia (where officers generally MUST release on summons provided the accused states his name and address) and gives officers discretion to arrest in lieu of summons or somthing similar - then arresting the man, was lawful.
This is why gun owners need to keep their eye on police procedure type statutes.
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redlegagent
Regular Member
| Joined: | Thu Sep 4th, 2008 |
| Location: | Tajikistan |
| Posts: | 163 |
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Posted: Fri May 22nd, 2009 01:07 pm |
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I love New York in June...how bout you....I love a broadway tune...how bout you......!
Gotta love NYC. 
Last edited on Fri May 22nd, 2009 01:08 pm by redlegagent
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DT4E31
Regular Member
| Joined: | Thu Feb 1st, 2007 |
| Location: | New York USA |
| Posts: | 121 |
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Posted: Thu Jun 4th, 2009 04:28 am |
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| A person can be arrested in lieu of a summones if the officer is not satisfied that the person is properly identified. For example I am going to get a ticket for riding a bike with no headlamp. I identify myself at Mickey Mouse of 124 Main st. Disney Fla.
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