Personal Injury Lawyer in New York
The Law Office of Bryan J. Hutchinson, PLLC, represents clients in the Bronx, Queens, Brooklyn, Manhattan, and New York State for more than 19 years. We represent victims of automobile accidents, medical malpractice, slip and fall injury, nursing home abuse, probate and administration, divorce, and neglect cases.
More importantly, we also protect the civil rights of fellow New York residents who are the victims of false arrest, illegal stop and frisk, excessive use of force, malicious prosecution by the New York City Police Department and other law enforcement agencies.
Victims of Police Brutality, Illegal Stop, Frisk, Search and Arrest in New York City
New York residents are entitled to the Fourth Amendment protection when we walked down the streets of the Bronx, Queens, Brooklyn, and Manhattan against “unreasonable searches and seizures” by the City of New York Police Department. See generally, Elkins v United States, 364 US 206, 222 (1960); Beck v Ohio, 379 US 89 (1964); Rios v United States, 364 US 253(1960); Henry v United States, 361 US 98 (1959); United States v Di Re, 332 US 581 (1948); Carroll v United States, 267 US 132 (1925).
A New York City Police Department officer may initiate a Terry Stop (also known as an “Investigative Detention” or “Stop and Frisk” if he suspects that you are committing, has committed, or is about to commit a crime, but the probable cause does not yet exist to arrest, and the officer wants to “stop” you and investigate.
The Terry Stop has its authority in the landmark United States Supreme case of Terry v Ohio, 392 US 1 (1968). In Terry, the court held that it was reasonable for a police officer to stop and frisk Terry and two other men after observing them acting suspiciously in front of a store under the belief that they might rob it. A weapon was recovered after frisking Terry, and he was convicted of carrying a concealed weapon.
The Fourth Amendment provides that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . ..” This important right of personal security belongs as much to a citizen on the streets of the Bronx as to the homeowner closeted in his study in the suburbs of Westchester County to dispose of his secret affairs.
In Terry v Ohio, 392 US 1 (1968), the United States Supreme Court acknowledged that it has always recognized, “No right is held more sacred, or is more carefully guarded, by the common law than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.” See Union Pac. R. Co. v Botsford, 141 US 250, 251 (1891).
You are “seized” only when, by means of physical force or a show of authority, your freedom of movement is restrained. You are seized if a reasonable person would not believe they are free to leave under the circumstance. If you or a loved one were unlawfully seized by the New York City Police Department in the Bronx, Queens, Brooklyn, or Manhattan, you must call a police brutality lawyer in New York, Bryan J. Hutchinson, to file a Notice of Claim to protect your rights.
New York General Municipal Law (GML) § 50-e requires the timely filing of a notice of claim as a statutory precondition to the initiation of personal injury suits against a municipality. See O’Brien v City of Syracuse, 54 NY2d 353, 358 (1981).
If your civil rights have been violated by New York police misconduct, call a lawyer immediately because the law limits the time you must file a notice of claim. Call New York police brutality lawyer Bryan Hutchinson for a free consultation at (718) 671-0900.
Are You The Victim of an Illegal New York State Motor Vehicle Stop and Search?
The United States Supreme Court, in the case of United States v Mendenhall, list the following as “examples of circumstances that might indicate a seizure, even where the person did not attempt to leave, would be the threatening presence of several officers, the display of a weapon by an officer, some physical touching of the person of the citizen, or the use of language or tone of voice indicating that compliance with the officer’s request might be compelled.” See United States v Mendenhall, 446 US 546 (1980).
The Fourth Amendment’s requirement that searches and seizures be founded upon an objective justification governs all seizures of the person, “including seizures that involve only a brief detention short of traditional arrest. See United States v Mendenhall, 446 US 546 (1980), citing, Davis v Mississippi, 394 US 721 (1969); Terry v Ohio, 392 US 1, 16-19 (1968).
The New York City Police Department can stop, frisk, and search you or your car under the following circumstances:
– If a New York police officer has probable cause to believe that your car contains evidence of criminal activity, he may lawfully search any area of the vehicle in which the evidence might be found. See Arizona v Gant, 129 S. Ct. 1710 (2009).
– If a New York police officer has a reasonable suspicion that a traffic violation has occurred or criminal activity is afoot, he may conduct a traffic stop. See United States v Arvis, 534 US 266 (2002).
– During a lawful traffic stop, a New York City Police Department officer may conduct a pat-down of the driver and passengers, notwithstanding that he does not believe that any occupant of the vehicle is involved in criminal activity. See Arizona v Johnson, 555 US 323 (2009).
If you or a loved one were unlawfully seized by the New York City Police Department in the Bronx, Queens, Brooklyn, or Manhattan, you must call Bronx police brutality lawyer Bryan J. Hutchinson immediately to file a Notice of Claim to protect your rights. The Notice of Claim must be notarized and served personally or by Certified Mail on the City of New York within 90 days from the date of the occurrence.
New York courts have held that ignorance of the law regarding the necessity of filing a timely notice of claim does not constitute a reasonable excuse as a matter of law. See Felice v Eastport/South Manor Central School Dist., 50 AD3d 138 (2nd Dept 2008); the Anderson v City University of New York, 8 AD3d 413 (2nd Dept 2004).
If the police have violated your civil rights, the personal injury law limits the time you must file a notice of claim. Call personal injury lawyer Bryan J. Hutchinson for a free consultation at (718) 671-0900.