Were my civil rights violated?
me and a female went to her house and we left together. i was stopped by the police and told to exit my vehicle. officer proceeded to ask me where i was coming from. i was arrested for prostitution, yet the officer did not witness me pick up the person, did not witness the sexual act, or the conversation that me and the female had. yet officer asked me questions then proceeded to read me my miranda rights then arrested me and the female because was a known prostitute. i never saw the female before that encounter. i was given a traffic ticket as well, but was never asked for drivers license, insurance, or anything associated with a traffic stop. since the female was a known prostitute i was arrested along with her.
Attorney answers (3)
Ameer N. Benno
Reputation Level 7
Answered about 2 years ago.
Civil Rights Attorney in New York, NY.
It's possible that your civil rights were violated, but I would need to learn more facts to be able to make that determination.
In the case of Ybarra v. Illinois, the US Supreme Court clearly pronounced that "a person's mere propinquity (close proximity) to others independently suspected of criminal activity does not, without more, give rise to probable cause to search that person. Where the standard is probable cause, a search or seizure of a person must be supported by probable cause particularized with respect to that person." Thus, the mere fact that you were in a car with a known prostitute does not, in itself, give rise to probable cause.
However, whether the police had probable cause depends on a number of factors. Under the "fellow officer rule," the police officer who arrested you did not necessarily have to witness you pick up the person or engage in the sexual act in order to have probable cause to arrest you. If another officer observed conduct giving rise to probable cause and relayed that information to the arresting officer (ie, via radio transmission) prior to your arrest, the arresting officer could properly arrest you even without witnessing the offense.
In short, you need to speak with an attorney who is experienced in police misconduct civil rights cases, and you should do so immediately. In false arrest/malicious prosecution cases in New York, you have a strict and limited time period to file a Notice of Claim to preserve your right to sue. If you fail to do so, you could permanently lose your ability to bring certain civil claims against the officers and/or the city.
Furthermore, any plea you might decide to take in the criminal matter could potentially bar you from bringing certain civil claims in a future lawsuit. You need to be informed of the civil ramifications as well as the criminal ones before you make any decision.
This is definitely something that you should speak to a civil rights attorney about right away.
1 person marked this answer as good
Howard Woodley Bailey
Reputation Level 19
Answered over 2 years ago.
Criminal Defense Attorney in Newark, NJ.
Based on your facts, it appears that probable cause existed for the officers to issue the charge. That is the legal standard required to support the charge, although a higher evidentiary standard (proof beyond a reasonable doubt) applies to trial proceedings. For a confirmation of this assessment, and to determine the possible alternative dispositons and consequences, you should consult directly with a NY licensed lawyer before you try to resolve these matters.
DISCLAIMER Since I do not practice law in your State, this answer is provided solely for informational purposes only, for you to use as a starting point when speaking directly with a lawyer in your State. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. I urge you to immediately contact an experienced criminal defense lawyer admitted to practice law in your State before you make any decisions about this case.
1 person marked this answer as good
Carlos Gonzalez
Reputation Level 16
Answered about 2 years ago.
Criminal Defense Attorney in New York, NY.
Generally, there may be charges based on a similar facts pattern if the individual is a known prostitute in that area, and there was such acitiviy going on at the time... However, without further evidence other than viewing you in the vehicle with the woman you may be privy to some defenses.
Feel free to contact us for further discussion of your case
I would be more than happy to further discss your options with you
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