Legal Question in Discrimination Law in New York
On 08/03/09 I was arrested. I was in duane reade and as I left the store a man approached me asking me for 58 mins of my time back in the store, I did not know who he was I thought he was just some random guy trien to us a bad pick up line. apon denying his offer he grabbed me and pulled me back in the store them he grabbed both my arms restraining me. I told him get off of me your hurting me whats this about. he did not identify himself and said I'm going to jail. I said for what he said for stealing. I said what did I steal he did not answer nor did he let me go. He told another fellow worker to call the police. The police came and asked the guy what happened he said he had me on tape stealing KY- Jelly and the product was in my bag. He showed the tape to the officer and then the officer searched my bag. I did not steal anything and the officer did not find anything in my bag nor on me. The officer arrested me and took me to the station. Apon being there they finger printed me and gave me a desk ticket to return to court on 11/30/09 and they released me from the police station, no more then 3 hours later. So I guess my question is was my rights violated. I have marks on my arms from the guy at the store. The police officer did not read me miranda rights nor did they answer my questions when I asked why am I being arrested, I asked for a copy of the police report and the officer told me they could not give me a copy of the report. I feel like I was assulted, disrespected, and imprisoned for no reason. also not to mention when the officer asked for the open stolen product the guard did not give them a opened product but an unopened box from the shelf. He also lied to them and said I dropped it on the floor when I came back in the store but how? He had me restrained in a bear hug to the point were i could not move. Plus if I dropped anything all those people that were staring and a witness would have pointed that out. I feel so violated please email back a response I will be looking forward to a response. Thank you.
1 Answer from Attorneys
Honestly I do not see any issue of discrimination.
You did not indicate that you were arrested due to your race, age or gender.
However, I do believe that you can fight the charge based on the fact that no KY Jelly was found on your person or the floor near you.
I would be interested in seeing the video that the store claimed it had of you stealing the KY Jelly.
Perhaps this is just a case of mistaken identity. Someone else may have taken the product and left ahead of you.
I also believe that you can fight the matter based on the fact that you were not read your Miranda warnings.
I hope that I have answered your question.
Should you wish to discuss this matter with my firm in more detail feel free to contact us.
Patricia Martin-Gibbons
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