The New York Times reports that a panel of federal judges decided that the City of New York can keep police records secret. The surveillance data in question deals with 1,800 pages of information on the protests at the 2004 Republican National Convention. While this is mainly a civil rights case, it does concern a New York criminal defense attorney because it deals with arrests and detainments.
The opinion which was written by Judge José Alberto Cabranes, said that the release of the surveillance data "could undermine the safety of law enforcement personnel and would likely undermine the ability of a law enforcement agency to conduct future investigations."
This ruling seems to fall in line with the seemingly growing authority held by the New York City Police Department ever since the World Trade Center attack on Sept. 11. The request for surveillance disclosure came at the behest of the New York Civil Liberties Union.
The New York City Police Department has drawn some criticism over what some say is a routine procedure of arrest now, justify later. A lot of individuals have claimed that they have been taken into custody unlawfully. Such issues are important for criminal suspects because if that does occur, then a New York criminal defense lawyer can raise questions about the validity of the criminal charges.
With an unlawful arrest, a New York criminal defense attorney can argue that the case should be dismissed, or that certain evidence be thrown out. It is important for criminal suspects to know that even if they have been unlawfully arrested, it is better to just go along with law enforcement. That way, you can challenge the arrest in court versus having additional charges thrown at you; like resisting arrest.
For more information about your rights during an arrest, please check out the Related Resources below.
Related Resources:
- Arrests and Interrogations FAQ (FindLaw)
- Contact A New York Criminal Defense Lawyer (FindLaw)
- Know Your Rights! NYPD to Up Questioning (FindLaw's New York Criminal Law Blog)
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