Legal Question in Civil Rights Law in New York

My question involves civil rights in the State of: New York

While me, my brother, and sister were driving home from taco bell, (my brother being the driver me being the passanger) we were pulled over. The officer told my brother that he was pulled over for "running a red light" and "failing to yeild at a pedestrian cross walk" we of course disagreed with this. After my brothers license and registration was given to the officer he walked back to his car. Another police car pulled up and they began to converse amung themselves. We sat there for about twenty minutes as we waited and the officer finally came back. He began to explain that he was not going to give my brother the ticket for the red light because "you did not see it and its very difficult to see" he then told my brother he was giving him the ticket for not stopping at the cross walk because he obviously was not paying enough attention and he did not see it. I was confused so i asked him "if he could not see a red light, how could he see a crosswalk." he then began to yell at me saying "I was speaking to the driver" "you need to shut your mouth" "Do you have a problem??" not allowing me to respond to anything he said he continued with "if you have a problem you can step outside and talk to this officer over there" I was looking and paying attention to this officer who was trying to intimidate me so i was surprised that there was suddenly another officer at my door. While the first officer was yelling at me continuously asking me "do you have a problem" and saying "shut up" the other officer nocked on my window and no less than 3 seconds later opened my door and stuck his head in and also started yelling at me. He began to say things like "do you have a problem??" "you need to shut up" keep in mind all i did was inquire about why he was giving my brother a ticket. The first officer continued to yell and also say things like "Do you want me to give your driver the first ticket too..???" "How would he feel if now he has two tickets because you opened your mouth" Obviously was very intimidated and was finally able to say "no" after being repeatedly asked "do you have a problem" I felt like i was in middle school dealing with bullies.

Was it right that the 2nd officer opened my door while i was paying attention to an officer who was "asking me something?"...

btw the ticket says "failted to yld rt-of-way to pedestrian/croswalk"


Asked on 8/22/09, 1:54 am

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

This is not a serious civil rights violation. It is case of bad public discourse by a public servant. I would recommend that you file a complaint with the Civil Complaint Review Board.

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Answered on 8/28/09, 8:06 am


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