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Re: I was taken in handcuffs for photography at the Freeman St Station on the 2

Posted by HarryP on Fri Feb 13 07:34:28 2009, in response to I was taken in handcuffs for photography at the Freeman St Station on the 2, posted by rtype3995 on Thu Feb 12 20:54:45 2009.

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This is another case of total disregard for the rights guaranteed in our constitution, and the poor training of the NYPD. I agree with the fact that you should've been a little more diplomatic with the officers; but still, your rights were violated, and the charges will not stand up in court.

As a retired police officer, I find the officers' conduct totally repulsive and a complete abuse of power. None of these charges are crimes -- e.g., felonies or misdemeanors -- so don't worry about that. For the disorderly conduct charge they would have to prove that you created some "public alarm" by being very loud and boisterous, which according to your report, did not occur unless you were screaming at the officers and a crowd gathered around. I also do not see how you were impeding traffic, unless you had a photo shoot set up with tripods, lights, and other props! As for the unauthorized photography charge, there is no rule or law prohibiting it, as long as you were following their guidelines.

You said that a supervisor (sergeant) stated that police rules are different from the TA rules. This is totally erroneous and definitely should be addressed in your complaint. Also, you state that you were denied use of the restroom facilities and a phone call until you were ready to leave. This is totally unacceptable.

I highly recommend that you retain an attorney who deals in civil rights or constitutional law. He might take the case on a contingency basis, where he takes his fee out of the settlement. Also, immediately file a complaint with the NYPD CCRB (Civil Complaint Review Board), giving all the facts. Also, contact the media. They love stories like this!

BTW, Freeman Street Station holds a special place in my heart. It was my home station in the 1950s and early '60s, and I spent many hours of railfanning and photography there.

Good luck and don't worry!

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