The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
-- Fourth Amendment to the United States Constitution
Where is the probable cause in this story? Of course, leaving proportionality aside, one could argue legalistically that everything that happened to me was justified. There was an outstanding summons, which caused the suspension of my license, which caused my arrest in accordance to VTL 511.
Let's check the facts:
1) The unapproved helmet. If the police officer were properly trained and actually had some "courtesy and respect," he would have examined the helmet with me and found a label on the inside that states in small print "This helmet exceeds federal standard FMVSS 218" and let me go my way.
2) The DMV. Since the suspension of a license constitutes such a crime in the state of New York, can I not reasonably expect to be warned of such an imminent threat? Why does the DMV renew the vehicle registration of an "unlicensed operator?" And why didn't the outstanding summons show up on their web site?
3) The arrest. The police officers fabricated the charge of running a red light. They did this to have a reason to stop me and circumvent the charge of unreasonable search and seizure. After they found a reason to arrest me, they didn't even bother to issue a summons for the alleged red light offense.
4) The law that did me in. VTL 511,(1) also sometimes called "Harry's Law" after a Harry Carnevale, a 17 year old kid who was killed in a car accident by a driver without a license.(2) His father seems to be John Carnevale, formerly of the ONDCP, where he served several drug czars.(3) Mr. Carnevale also runs a a public policy firm and seems to have enough political clout in Albany to have influenced the State Assembly to pass this law in 2007.(4)
I am not a constitutional lawyer, but even as a layperson I can say with certainty that this is not what the authors of the Constitution had in mind. If we take the "unapproved helmet" charge as the "probable cause," then it was based solely on the whims of an unprofessional and hostile police officer. If we take the red light charge, then it was based on a blatant lie. How come the NYPD gets away with this? And what about the messy record keeping and communications policy of the DMV? Why do I have to pay the price for their incompetence?
About "Harry's Law." While I can sympathize with the grief of a father loosing his son to some crazy driver, I cannot follow the conclusion that everybody with an outstanding summons is a potential threat to society and therefore should be subject to criminal arrest. In a sane society, what should happen in a case like mine could look like this: the police sees the license suspended, issues a desk appearance ticket and gives me 15 days to clear up my business with the DMV and the judge. This I could understand, but throwing totally innocent people in jail is a crime and should be denounced as a human rights violation.
Something smells foul in the State of NY and I feel deeply aggrieved by what has happened to me. I am still shaken up and whenever I see a police car or hear a siren now, I twitch. I've never noticed the police before, they just blended into the urban fabric. This has a real effect on the quality of my life now and I don't like it. It feels like living under a totalitarian regime. I am an American, I believe in the founding principles of this republic and I am ready to defend them in any capacity I have. Last November I voted for change. This is not the change I voted for.
But this has to change, and it will change.
If it doesn't, the United States can have my passport back.
Links:
(1) http://assembly.state.ny.us/leg/?bn=A04975
(2) http://www.harrycarnevale.com/
(3) You can see Mr. Carnevale's views on drug policy here: http://tv.mpp.org/news/bruce-mirken-on-cnbc-reports-04162009/
(4) http://www.carnevaleassociates.com/carnevale.html
PS: On Wednesday, May 13, I tried to enter my plea on the DMV website for the latest summonses I received after my arrest (for the damaged signnal lights and unlicensed operator). This is what the web site returned to me: "Traffic Ticket Number: AAJ7034985 - The TVB traffic ticket with the number displayed above is not currently entered on the DMV traffic ticket files." tried the other ones, none went through. I wonder what will happen next...
wolfgang, really great that you wrote about your experience with such detail; this is such an important step to take! too often such intention gets drowned in the busy-ness that follows.
A current project (its title " Limitations Permitted" refers to the Frequent Accessory Clauses in the 1998 Human Right Act that allow the rights conferred to be restricted under 'specified circumstances'...!) got me to spend lots of time collecting documented cases of Willkür by police (here in UK), which is often unleashing all its powers in response to an innocuous activity... overregulation in combination with lack of common sense by those who execute it is a painful combination. However, this problem seems to be something one cannot run away from: I wouldn't know to which country I'd move to shake off this kind of harassment on human dignity ...
wishing you all the stamina you might need to get your suggestions for change heard! manu
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you know, there is a song by the saints that goes "I see police but where's the crime ?" it's called "brisbane" but you can sing the same song in paris the police is what I am most afraid of and I have taught my kids to fear the police ... f. http://bruit-direct.org
James Allan a écrit :
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Hello people,
Sorry I had been hiding, I'm totally new for discussion group sort of activity, so. My name is Momoyo Torimitsu, I'm a NY based Japanese artist. My work is kind of conceptual sculpture, depends on the concept I use different medium and different style for each project. (www.momoyotorimitsu.com)
......WHAT A EXPERIENCE, Wolfgang!!! As a New Yorker, once a while I feel huge stress at post office, subway, supermarket etc for their dumb workers. But, yours are the way beyond, extreme.
Usually, instead of punching them or yell at them, I think that NY should spend more money for educational system for poor to decrease dumb and angry workers. it's not 100% their fault, NY IS keep creating them.
Your experience is more than that. I've listened public radio while ago that NYPD are so aggressively ticketing recently. There were many angry listener calling to share their experience. The other day, I was helping my gallerist friend loading some stuff to her car. We chat just a second about next meeting before she get into the car. The next moment, a cop suddenly standing between us to ticket her. ($60 or $90, I forgot) They don't warn you but hiding until right timing. Your case is not even that. In the radio, the callers were suspecting that NYC eagerly making money by that in this financial crisis. It was on purpose.
I hope you feel little better by now. Such things would burn you if you don't talk about.
Momoyo
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