[thingist] ARREST (part 3, conclusion, sort of...)

[ws at thing.net]

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...