Legal Question in Civil Rights Law in New York
My son is 32, and lives in Queens, N.Y. On 9-24-12, about 1:30 am, he was walking down 37th Avenue, near 91st and 92nd streets after having just come out of a restaurant. He had purchased a sandwich and was eating it when he heard a man yell, "Hey, yo, you." He did not stop or look around because he did not want someone to rob him. He was then surrounded by three other police officers who demanded to know why he didn't stop. They then demanded his ID and wrote down his information, but they never called it in to the station. The female officer accused him of having an open container and said he threw it away before the officer called him. That was their reason for stopping him. They never produced the open container, asked to do a breath test, or arrest him. They were very intimidating, but they eventually gave him his ID and let him go. This sounds like police harrassment and racial profiling. He is African American. We would like to know what his legal rights are and if something can be done about this. Thank you,
1 Answer from Attorneys
He needs to file a complaint with the Civil Complaint Review Board asap.
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