Closing arguments are scheduled for today in Floyd v. City of New York, the high-profile class-action lawsuit challenging the city's stop-and-frisk policy.
The plaintiffs contend the stops were racially discriminatory and resulted in over-broad interrogations and intrusive searches without reasonable suspicion. The New York Police Department and the mayor deny the allegations of racial profiling and contend the frequent stops have helped prevent crime.
Car accidents cannot help but be common occurrences in a culture that relies so heavily on the automobile. Auto insurance plays an important role in making this entire system viable.
Of course, the possibility of insurance fraud is also part of this system. New York State, in particular, is currently trying to crack down on it.
For drivers of a certain age, getting "carded" in a restaurant or bar can be oddly gratifying. Even if someone seems to clearly look older than the legal drinking age of 21, some businesses have strict policies for their employees to ask for identification from most if not all people who wish to purchase alcoholic beverages.
This is a time of year, of course, when concerns about not only underage drinking, but also underage DWI, are heightened. After all, this is prom season and graduation season, with many young drivers travelling to and from parties.
Home confinement is a well established sanction in criminal cases. There are other terms that mean essentially the same thing, including house arrest and home detention.
The ranks of people who have been placed on this status include high-profile people, such as the former major league baseball star Barry Bonds. A judge placed Bonds on home confinement after he was convicted of lying on oath in connection with an investigation into the use of performance-enhancing drugs.
In New York, a recent case involving a well-known person on home confinement concerns the rap singer who goes by the name Ja Rule. The 37-year-old rapper, whose recordings have gained platinum status, is serving out a federal sentence for tax evasion.
One of the characteristics that makes New York City an exciting place to live is the diversity of backgrounds. Unfortunately, under the law, those who are living in this country as legal residents may face harsher penalties when convicted of a drug crime than American citizens.
Recently, the U.S. Supreme Court held that a man charged with marijuana possession and possession with the intent to distribute should not face mandatory deportation because of the conviction. After living in the U.S. for over three decades as a legal resident, the man was stopped while driving his vehicle. The police officer searched his vehicle. The search revealed some marijuana, although only a very small quantity.
Our country is based on the premise that all people are equal before the law. In practice, however, carrying out a commitment to equal justice under law often reveals inconsistencies. And sometimes the inconsistencies are so glaring they call the integrity of the system into question.
Consider the enforcement of laws against the possession of small amounts of marijuana in New York. When the legislature decriminalized this offense 35 years ago, it was supposed to be treated as a violation similar to a traffic ticket. The response was supposed to be a small fine, not an arrest.
In our April 19 post, we discussed the recent U.S. Supreme Court decision regarding constitution limitations on the authority of police to require blood tests of DWI suspects without a warrant. Law enforcement authorities in New York and across the country must review how they approach blood draw cases in light of this decision.
The Court did not issue a hard-and-fast rule for such cases. But the decision clearly showed it isn't enough for officers to merely invoke the claim of "exigent circumstances" justify a warrantless search.
Students at a Brooklyn high school were shocked to learn that one of their teachers had been arrested on charges that she had sex with a student. The teacher, who is described as popular among students, is facing up to four years in prison on a charge of statutory rape.
The accused teacher began working in New York schools in 2011. She was working as a special education teacher at the High School for Innovation in Advertising and Media in the Canarsie neighborhood when she was arrested on April 25. Police say that the teacher, 33, had sex with a male student in her car sometime in the last year. The student was 15 at the time and is now 16.
A person facing charges of driving drunk in New York should know that the issue is not one that can be simply overlooked. In the past decade or so, the penalties for a conviction of driving while intoxicated or impaired have gotten more severe.
Indeed, when DWI is suspected a driver can suffer penalties even before a formal conviction is obtained. Failure to abide by implied consent laws, refusing to submit to a breath test or to blood alcohol concentration tests of blood or urine, can prompt a hearing at which driving privileges could be lost for a year and a hefty fine imposed. That being the case, it does not pay to face such issues without the aid of an experienced New York attorney.
In a free society, the government is supposed to trust its citizens, right? After all, to a great extent democracy depends on it.
New York City's stance toward reimbursing property damage caused by Hurricane Sandy, however, sends another message about political bodies and the citizens that comprise them. Earlier this month, Mayor Bloomberg admitted that fear of fraud was behind the city's reluctance to reimburse property owners for post-Sandy repairs.
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