In subway officer asked me my name and date of birth i said i am not answering anymore questions civil rights violation

Asked over 2 years ago - New York, NY

while waiting for a friend for 5 minutes officer asks me how long i am waiting i said 5 minutes told him i was waiting for a friend asks my name and date of birth i said i am not answering anymore questions he said he was giving me a lawful command to leave the subway or i would be arrested millions of people wait for friends everyday in the subway why was i singled out is it because i am jewish

Attorney answers (3)

  1. Benjamin J Lieberman

    Contributor Level 20

    5

    Lawyers agree

    Answered . Though entirely possible, I highly doubt that your interaction with the police had anything to do with your religion. A police officer is permitted to ask you for identifying information. You are free not to answer any further questions. If an officer gives you a lawful command you are required to “obey.” If you are loitering the officer can issue you a summons and if you don’t provide your pedigree information the officer can take you into custody until s/he can verify who you are (by way of valid photo ID or fingerprints if necessary).

  2. Howard A. Schwartz

    Contributor Level 20

    5

    Lawyers agree

    Answered . It is impossible to say what was on the officer's mind. Mr. Lieberman correctly pointed out some of the possible consequences of standing up for your rights. If you have the name and badge number of the officer you can consider filing a complaint. Good luck.

    I have been a criminal defense attorney in New York for over 20 years. Feel free to view my website at Brooklynlaw.... more
  3. Michael Lewis Marley

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . We have many serious problems in the urban jungle of NYC but methinks police discrimination against Jewish people is not one of them. What makes you think you were singled out for being of the Hebrew faith?
    As to the rest of your question, as colleagues correctly point out, you have to obey a lawful command by a PO and apparently you did that.
    You could drop a complaint on the cop if you had his identifying info but it wouldn't go too far at the CCRB.
    Consider this just a minor nuisance in the city that never sleeps but sometimes is full of creeps.
    Maybe Offiicer Krupke was having a bad day, who knows? Maybe a superior officer had directed him to keep that area clear or not congested.
    Subway security is, I think, on all our minds ever since 9-11.
    You got hassled but it's minor, it's picayune, forget it.

    Law Office Of Michael Marley
    Phone 917 853 4484
    email: mlcmarley@aol.com

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