Legal Question in Traffic Law in New York

7/10 Stop & Search

Three young men rode into Queens Village ansd stopped at a used car dealer, to discuss the possible sale of said vaehicle. After leaving the dealer, they were surprised by a traffic stop, following apparent surveillance and asked to exit their vehicle after a having their license and registration info run by NYPD undercover officers. They each were then handcuffed, searched and detained in cuffs, while their vehicle was searched for twenty minutes. At the end of this publicly humiliating ordeal, they were uncuffed,released with an apology for inconvenience caused and told that they were stopped for being in a known drug-trafficking area. This sounds illegal; is it?


Asked on 7/11/03, 3:18 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: 7/10 Stop & Search

You are correct: this is a publicly humiliating ordeal. I can give you an answer, please note is a criminal law question rather than a traffic question. The police are required to stop/humiliate people because of the behavior of that person. They cannot choose on the basis of location. They are required to have a reason based on the behavior of the persons they stop/arrest. This is a fundamental principle of American law. This matter can be pursued in civil court under Title 42 of the US Code, section 1984 (the law reads: "under indicia of governmental authority no person may...". The section continues to include this very situation. ) You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

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Answered on 7/11/03, 6:51 pm


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