Legal Question in Civil Rights Law in New York

Civil Rights

I was walking home from the bus stop at approximately 11pm in downtown Yonkers, New York. About a block away from my house an undercover police car stops and an officer gets out of the car and tells me to stop. He then accuses me of leaving a bar, talking to someone there in order to try to buy cocaine. I was afraid to walk away and he kept interrogating me with questions. I told him to search my bag, which he did. I am an artist and I had in my bag the plastic tip to cover the top of a paintbrush. He said what is this. I told him I am an artist and that is for a paintbrush and I also had a small art porfolio with me which I showed him. After about a half and hour he let me go. Was this a violation of my rights? Can an officer randomly stop me? I was not participating in any illegal activities, I did not leave that bar or any bar; I was simply trying to go home. I have also never been arrested or have any criminal record in my life.


Asked on 4/25/08, 1:27 pm

1 Answer from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Civil Rights

WHile a police officer does have a right to stop anyone whom reasonably fits a description of a perpetrator of a crime, any and all stops MUST meet a certain standard for reasonableness as far as the description of the individual, the location of the stop, etc. furthermore the time of delay must be reasonable in light of the circumstances.

THis is a rather tricky question to answer, as the truth us that if there was a police report of someome in that general area, fitting your descrption, the officer very well may have been within his right to have stopped you, or may have been acting outside of the scope of his legal authority wholly based on this fact alone...

I would need further information, and description of the facts, in order to provide a more detiled response. Please feel free to contact my office for a free phone consultation at 212.709.8303

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Answered on 4/28/08, 7:58 am


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