Legal Question in Criminal Law in New York

Handcuffing

My son was in a Vehicle that was ownwed and driven by one of his friends who resides in NJ. They were pulled over because they pulled into a car dealer to meet up with some friends and turned off the lights a waited a bit, they got a call that their friend had passed them, so they left the lot. they were them pulled over for auto theft suspicion. OK I might have thought the same, however after they ran the plates checked the drivers ID they asked my son to step out of the passenger side, patted him down , cuffed him from behind and threw him in the back seat of 1 of the 7 units that responded. he was cuffed for over a 1/2 an hour while they proceeded to strip the car and remove everything from the trunk. They found absoulutley nothing but told these to young boys(they are both only 16 years old)that today was there lucky day because they are not going to get a summons. when my son called me and told me what happened I called the Clarkstown PD(Yes it was the Clarkstown PD that intiated this).When I asked to speak to the incident commander or anyone in charge of this matter I was told that becase my son was not the driver that it is confidential information. Is it legal to cuff in that fashion???


Asked on 4/13/04, 2:01 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Handcuffing

Clearly the behavior of the police was excessive. It is unfortunate, but police do this type of thing on a regular basis. This is how police behave.

The police did violate the rights of your son and his friends. However, I have only a New York State legal license.I recommend you contact a NJ lawyer, since that is where you will take action.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 4/13/04, 9:08 pm


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