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

Posted by JohnL on Sun Feb 15 19:15:41 2009, in response to Re: I was taken in handcuffs for photography at the Freeman St Station on the 2, posted by bklyntekgeek on Sun Feb 15 17:42:31 2009.

Or, after the photography-is-breaking-the-rules charge has been dismissed, get a copy of the dismissal order and go to court on the other two charges.

When the cop is on the stand, let him give his account. Then bring up the fact that the disagreement started because of the copís insistence that photography was against the rules. Present the dismissal as evidence that the cop was wrong.

Repeat with the other cop and the sergeant. Make sure in each case that the cop is required to read the rule that you present to the court. Ask specifically how the copsí rules can differ from the MTAís rules, which are codified in NYS law.

Request the judge to dismiss the case. Then try requesting that the judge mandate that NYCT brass write a memorandum about photography to all cops.

This has the benefit that even if the memorandum isnít issued, these cops cannot claim in future that they are unaware of the rules.

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