Female arrested and detained, put in jail cell for 36 hours because of no ID (gasoline, county)
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Preposterous. I used to live right on Riverside Park and would walk my dog in the park at all hours of the day or night. One night, I sat in the park with a friend of mine at 3 a.m. when a bunch of officers suddenly swarmed the park. I went over to ask them if there was anything we should be aware of - don't want to be an innocent bystander during some raid - and he said no. That was it.
I think I violated the rule that you can't be in the park after 1 a.m. hundreds of times throughout the years. I met many cops on my walks and not a single one ever looked at me as though I was committing a crime.
Overall, I never thought NYC cops concerned themselves with small stuff - they usually don't have the time, the resources, or the will to deal with all the minor infractions that they could pursue.
Heck, one of my friends, who has severe glaucoma and basically cannot see anything other than shapes, sat on a bench in Riverside Park smoking a joint. A fellow sat next to him and after a while told him that he should really go home and smoke his joint in the privacy of his own apartment. He was a NYC cop.
Once, my car was stolen. When I went to my local precinct, they asked me what I wanted from them...
Years ago, there was a big to-do when some cop had brazenly given a ticket to a person for jay-walking.
All that tells me that this must have been a rookie who had no idea that most of these minor issues tend to be completely disregarded by the NYPD.
I think maybe the current infestatin of the occupy folks has cops on edge to keep parks cleared out.
May have been a rookie, overzealous, whatever. Like I said earlier there are many laws that police choose to let slide. Just because you don't get a ticket for something doesn't mean it isn't against the law. Curfew is 1am or whatever and your there after. You shouldn't be but most of the time it's no big deal. This time it turned into a big deal. Simple fact is if this lady followed the rules she wouldn't have been in the situation to begin with.
you need your ID to fricking step outside and go for a walk?
Having gone for years with out ID - about 12 years ago I got a new set...SIN number - citizen ship card - drivers licence - union cards..and so on and so on....NUT if I go out - I never take my ID...The important cards get worn out and damaged sitting in a wallet...
The only time I do take my ID is when I know I am going to a place that specifys that I have it. Other than that - I wear clean underwear and if I get hit by a truck - they can do a little work and figure out who I am...
A person in a free society does not have to identify themselves constantly...nor is it illegal to NOT carry ID. Your word is your honor and dignity...If I say I am me - that is good enough - I am not a liar. Nor am I a crimminal...My word should be good enough! It is like returning an item..with out a reciept...I tell the clerk who I am and that I bought it here...I simply will not leave the store till I am satisifed - because for all their reasoning regarding the reciept - I stand my ground...because to be called or insinuate that I am a liar is not acceptable in my world!
This person being held for two days because of not having ID - would have done better if she had not groveled...which I am sure she did like most people will do when confronted by what appears to be authority - YOU are the authority and the police are your servants.
Actually, no. You are required to identify yourself if lawfully arrested or detained. Try reading the link you provided. Nowhere does it require you to produce an ID card of any type. That means you must verbally identify yourself to law enforcement. That's a far cry from having to PROVE who you are with a government issued identification document, which is NOT THE LAW.
That's why the judge dismissed the case instantly. Too bad these cops who pull these stunts aren't charged with criminal conduct themselves ... unlawful arrest, to include sanctions and or termination. That would put a stop to this nonsense.
She should get herself a good lawyer, and go after these thugs ... clearly, her rights were violated, and she was unlawfully kidnapped and taken hostage without lawful authority to do so.
Last edited by GuyNTexas; 11-03-2011 at 01:50 PM..
I think maybe the current infestatin of the occupy folks has cops on edge to keep parks cleared out.
May have been a rookie, overzealous, whatever. Like I said earlier there are many laws that police choose to let slide. Just because you don't get a ticket for something doesn't mean it isn't against the law. Curfew is 1am or whatever and your there after. You shouldn't be but most of the time it's no big deal. This time it turned into a big deal. Simple fact is if this lady followed the rules she wouldn't have been in the situation to begin with.
Not a good argument. There are 30,000 laws, and countless more local ordinances that even the police, lawyers, judges and the like could not possibly memorize ... that's why they have these huge volumes known as criminal and administrative code.
And this is true for citizens too ... and particularly someone from out of town can't be expected to know local ordinances. This is precisely the area where a police officer should be expected to behave appropriately .. that is .. a PUBLIC SERVANT not a RULER. The officer says, the park is closed, and you must leave ... the citizen says, oops sorry, I didn't realize, and I'll leave immediately. That's how it is supposed to work.
Now, if the person refuses to leave .. then that's a different matter .. and the officer would be justified in enforcing his instructions.
you need your ID to fricking step outside and go for a walk?
Yeah that's pretty crazy but from my understanding is a law to always have an ID. Just recently the police were looking for a guy I work with who had a warrant out for his arrest, and they carded another guy who matched his physical description, a young dude who doesn't even drive. I was glad he had an ID to show because I know me back in the day I used to not carry my ID on me before I started driving, unless I knew I'd need it for some reason. I never thought twice about it...yikes.
That's why the judge dismissed the case instantly. Too bad these cops who pull these stunts aren't charged with criminal conduct themselves ... unlawful arrest, to include sanctions and or termination. That would put a stop to this nonsense.
She should get herself a good lawyer, and go after these thugs ... clearly, her rights were violated, and she was unlawfully kidnapped and taken hostage without lawful authority to do so.
No one dislikes a crooked a hole cop anymore than I do. But these officers have to walk blind into all sorts of situations. There always the chance they could be shot or attacked. They dont know if that vagrant is a innocent citizen, a drugged out piece of crap, a gangster, mentally ill or what. They deal with the dreggs of society everyday. They have emotions and problems and bad days same as all of us. On top of it all, now they have to always be on eggshells about how they approach, exactly how the react, if there legally covered for every move they make. If someone is going to sue them for doing their jobs.
Was it the arresting officer that was responsible for her spending 36 hrs. in custody. Was it the justice system itself, admin. a clerk, a judge?
I truly believe there is more to this story than we are hearing.
Remember, we are only hearing one side of the story, there are two sides and somewhere in the middle is the truth.
I seriously cannot believe that this woman said absolutely nothing while being arrested, and the this officer out of nowhere on 2 occasions said to stop calling him that. In fact that last part borders on stupidity. If something doesn't have the ring of truth, it many times isn't the truth.
It probably went down a bit more prosaically. He probably asked for ID, she said she didn't have any, some other words were spoken, she probably told him he couldn't require her to have an id, so he arrested her, and then she really started mouthing off, and because she got nasty, he took his time getting her processed.
I think so too.
Too many of us have gone jogging, walking the dog, and so on without an ID and have had zero problems with cops demanding to see an ID.
It has more to do with her being in a park after hours and with some guy. There's a reason the cop made the comment suggesting she find better types of boyfriends, boyfriends who would actually take her to a nice place and most likely because she made up the part about him being a boyfriend and the cop thought he knew what he really was to her (john).
It could be an over-zealous cop but I'm not buying her story about being completely innocent. She also claims she was in NY for job hunting but that wouldn't have her out all night cruising the parks and still out at 3am.
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