Tuesday, May 26, 2009

Questionable Police Tactics in Kensington


This account comes from a friend of a friend who was arrested at Ocean Parkway and Beverley Road for having a knife with a three-inch blade in his pocket. He writes:
I had just crossed Ocean Parkway on Beverley Road (a block from home) when a cruiser pulled up to my left. They asked me to come to the car and put my hands in the air. I did so and the officer in the passenger seat took the knife out of my pocket, looked it over, and told me that I couldn't have it. He also asked for my ID. I told him the knife was an artwork, a gift from my boss, and for use at my work. They repeated these things in a mocking tone, as if they thought I was lying to them. They said they would have to take it, and I asked if there was any possible way that I could somehow get it back after some period of time. They told me "no."

The passenger side officer asked if I wanted a summons or to be arrested, and I told him a summons would be enough to drive the point home. They asked me to sit on the sidewalk and I did so, waiting for them to sort things out. After about five minutes they both got out of the car and the driver handcuffed me. They told me they would take me to the precinct and let me out in a couple hours. I was held at the precinct for about four hours, then transferred me to central booking where I was for eighteen hours. When I was first at central booking and my arresting officer was still present, he said to me, "We both know what you have that knife for: self-defense." I argued with him, but I figure we were past the point of no return then.

Twenty-four hours in custody, culminating in eighteen hours on a freezing cold concrete floor covered in piss with the lights down low. Always at least twenty other guys stuck in there with me, nice enough people but charged with assault, domestic violence, and all this serious shit. Eating stale bread with a single slice of American cheese on it. And try sleeping on solid concrete with twenty screaming prisoners around you.

I served two days community service, in the end. Add that to my full day in jail and the court date I have in June. All together that equals one big waste of time and money.
I know we have only one side of the story here, but it sure does sound like the policemen involved in this incident wasted a good amount of taxpayers' time and money,
going out of their way to put a guy minding his own business through a lot of trouble. Then again, maybe these guys were actively (or proactively) trying to protect the 66th precinct. This area is no stranger to knife problems, after all.

7 comments:

sssnole said...

as far as i know its legal to have a blade 3 inches or less in your pocket. I have one on my leatherman thats always in my pocket. Was the blade really just 3 inches?

littledebbiet said...

Why did they pull him over to search him in the first place?

patrick said...

The blade really was just 3 inches. I think the justification for arresting him was the cops' assumption that he was going to use it to harm someone else.

They pulled up next to him while he was walking down the sidewalk because they saw part of the knife sticking up out of his pocket.

liz said...

Can we ascertain if the knife was legal in the first place? If so, can he contact the civilian complaint review board? Or the ACLU? Pulling anyone over for nothing is problematic because it wastes time and money and it humiliates citizens for no good reason. I find that very upsetting.

Anonymous said...

i was stopped for having an exposed knife (under 3 inches) in my pocket on a train. cops pulled me aside and side it was illegal to have the clip showing on the outside of my pocket but legal to carry one concealed. they were about to give me a summons until i said i wasn't aware of the law. then they took my knife to liquify and my info and let me go.

the wood said...

He plead guilty....no its not legal to have a three inch blade on a knife...There really is something fishy here. If you need a knife for your job its legal to have a knife with a three inch blade-you get a letter from your employer and the case gets dismissed(I have done that). Cops cannot search you without probable cause. they can pat you down when they stop you if they have reasonable suspicion. If they pat you down and feel a knife they can arrest you. If they see the knife in plain sight they can stop you and arrest you because at that point they do have probable cause.
Remember most of the time here you are getting half the story.

maat said...

Why did you plea guilty?
Did they say it was a gravity knife (a knife where the blade is pulled out from the side and locks in place)? If so then it doesn't matter how long the blade is nor that you use it for work.