nycpd is using the wrong/illegal database

[wuzamarine]

I had zero pending issues in the NYC court system. 3 prior tickets but all had been addressed. On my way to home depot in the subway when a pending medical issue made it more advantageous to be in the car with less people. With the doors to the train still open at the station I apparently crossed the wrong doors of the train.
I thought at worst I was going to get a ticket but dead wrong. While telling jokes to one officer, the other officer goes topside to radio in my id (which has no pending issues). The other officer returns with order from command ‘bring him in’.
We don’t even need to get into the act I was never Mirandized or ever told what my charges were or why I was being held. They just told me it was routine.
Got to court and the judge was about to dismiss the case when I interjected the system and demanded to know what was in that computer that would mitigate me being thrown in jail because I had listen to the judge lie all 14 cases in front of me, that other petty issues were “sealed”. Not sealed to NYCPD.
As it turns out the DA’s office was sued not too long ago because they also where looking at a particular databases to build cases they were not supposed to. They lost the lawsuit too, so there is precedence on the matter in the courts.

 

[swalsh411]

Do you have a legal question?

P.S. Don't interrupt or yell at Judges if you want things to go your way.

 

[sandyclaus]

I had zero pending issues in the NYC court system. 3 prior tickets but all had been addressed. On my way to home depot in the subway when a pending medical issue made it more advantageous to be in the car with less people. With the doors to the train still open at the station I apparently crossed the wrong doors of the train.
I thought at worst I was going to get a ticket but dead wrong. While telling jokes to one officer, the other officer goes topside to radio in my id (which has no pending issues). The other officer returns with order from command ‘bring him in’.
We don’t even need to get into the act I was never Mirandized or ever told what my charges were or why I was being held. They just told me it was routine.
Got to court and the judge was about to dismiss the case when I interjected the system and demanded to know what was in that computer that would mitigate me being thrown in jail because I had listen to the judge lie all 14 cases in front of me, that other petty issues were “sealed”. Not sealed to NYCPD.
As it turns out the DA’s office was sued not too long ago because they also where looking at a particular databases to build cases they were not supposed to. They lost the lawsuit too, so there is precedence on the matter in the courts.

Apparently, all those other issues didn't go away like you thought they did. Perhaps you just thought they did and dismissed them as inconsequential, but apparently those officers that ended up bringing you in didn't.

Sounds like it's time to take care of those things you thought you had taken care of. As for Mirandizing you, unless you were being questioned, that wasn't legally necessary.

 

[You Are Guilty]

Got to court and the judge was about to dismiss the case when I interjected the system and demanded . . .

Word of advice for all future readers - don't do this. This is one of the (many) reasons why lawyers do better than laypeople in court. (Good) lawyers know when to shut up.

(And bad lawyers do this: http://nypost.com/2013/10/29/bonehead-attorney-outs-clients-assault/).

 

[CavemanLawyer]

It is nearly impossible to understand what you are talking about wuzamarine. One guess is that they detained you for an arrestable offense and were debating whether to arrest you, cite you, or release you with a warning. They ran your criminal history and, whether the information was accurate or not, they used that as the basis to choose to arrest you rather then cut you a break.

Another guess is that they accessed their criminal records database and saw a prior active warrant that hadn't been cleared from the system and arrested you for that.

Under either scenario there is nothing "illegal" about the database itself, though there may be inaccuracies in it due to human error. Under either scenario you have absolutely no legal recourse, and no reason to have recourse much less a reason to complain, if the act you did (moving from train car, or whatever it is you are talking about) is an arrestable offense. If police have probable cause to arrest you then that is all that matters even if they subjectively used biased or flawed information to opt for arrest versus citation. In other words, an officer's subjective reason for arrest isn't material if objectively there was probable cause for arrest.

If the offense you allegedly committed is not an arrestable offense and they arrested you based on a warrant that was improperly entered in the system, then you may be able to sue. I'm sure there are other cases of people suing NYPD for this, as there are such cases in every jurisdiction. Every state has a criminal history database and every state also reports to the national criminal history database. And every police agency with access relies on that information to do their jobs. Sometimes mistakes in those records lead to unlawful arrests which can form the basis for a lawsuit.... if you actually suffer damages. So if you believe you suffered any damages than contact an attorney and see what they suggest. Otherwise I don't actually see any question that you asked here.

Also there is no requirement that officers inform you of what you are presently under arrest for and officers are NEVER EVER required to read you Miranda warnings. Your rights only have to be read to you by officers prior to them interrogating you after you've been taken into custody. Failure to read your Miranda warnings simply means that your custodial statements cannot be used against you in court. If you are arrested and fail to make bond then within a certain amount of time your rights are read to you by a judge or magistrate.

 

[HighwayMan]

I agree with CavemanLawyer. You're difficult to understand - it seems like you don't even understand what happened to you.

If you have a question you need to ask it - after explaining what exactly happened to you.