NYC Knife Arrest Leads to $12,500 Settlement

Once again, a particularly unjust gravity knife arrest in New York City has resulted in a big dollar settlement, this time for $12,500. The person arrested, who we will call "John" (Hispanic male whose name is withheld at his request), was, according to John, driving his late-model Audi sedan when officers in an unmarked NYPD car stopped him. He claims he was approached by three plainclothes police officers and despite the fact that John claims that the car was in perfect working order, one of the officers claimed it had a broken taillight.

For no apparent reason, according to John, he was ordered to exit his vehicle and was brought around to the back by one of the officers where he was questioned about where he lived and worked, and how someone like him came to be driving a luxury vehicle. While John was being questioned, one of the officers, without permission or apparent probable cause, according to John, conducted an unauthorized search of the vehicle. Afterwards, John says he was told to puts his hands behind his back because he was under arrest for possession of a gravity knife.

John is a mechanic who uses his pocket knife, which was purchased at a local hardware store, for work. Despite the fact that his knife was secured out-of-sight in a closed zippered canvas bag with his other mechanic's tools, according to John, in the criminal complaint the arresting officer claimed that John's pocket knife was in the passenger compartment, visible and in plain sight, arguably a violation in New York City, when he initially approached the vehicle.

John claimed he never saw the officers perform the "wrist flick" test. He says they simply claimed the knife was a gravity knife. John states that though the knife did lock open with a liner lock, it was not "flickable," and that two hands were needed to open it.

He was handcuffed and transported to the local police precinct where he was finger printed, had mug shots taken and had his name checked in the various law enforcement data bases to determine if he had a criminal record. Despite the fact that John's record came back clean (indicating no prior criminal convictions), the arresting officers apparently declined to exercise their discretion and issued a Desk Appearance Ticket and brought him to Central Booking where he waited in a prison cell until 3:00 pm the next day to be arraigned (total time from arrest to release after arraignment was approximately 15 hours).

Over the course of the next three months John had to appear in criminal court on three separate occasions with the threat of up to a year in jail hanging over his head each time. On his third court appearance, John's case was dismissed.

NYC Donate Button Subsequently, John contacted Knife Rights and was referred to attorney Richard Holzberg to pursue a claim against the City of New York and the NYPD for false arrest and malicious prosecution, resulting in the settlement of $12,500.

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Not sure $ 12k is a big money settlement in NYC

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where he was questioned about where he lived and worked, and how someone like him came to be driving a luxury vehicle

This is the second story about the NYPD doing this I've read today. What does the NYPD have against luxury vehicles?

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Not another cop bashing thread?!?

The cops saw a Puerto Rican driving a nice car, figured that looked suspicious, and kept looking for a crime until they could invent one.   Knowing this not the year to trifle with blacks, and working in an ultra liberal town, for a socialist mayor, they have to do something to make their arrest numbers look good.

Sure, NYC hasn't had an outbreak of "West Side Story" switchblade fights since JFK was POTUS, but an easy felony bust is an easy felony bust.

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where he was questioned about where he lived and worked, and how someone like him came to be driving a luxury vehicle

This is the second story about the NYPD doing this I've read today. What does the NYPD have against luxury vehicles?




A black woman claims she was held against her will at a mental hospital for eight days then slapped with a $13,000 bill because a police officer didn't believe the BMW she was driving belonged to her.

Read more: http://www.dailymail.co.uk/news/article-3232178/Outrage-black-woman-forced-spend-8-days-psych-ward-cops-not-believe-BMW-driving-hers.html#ixzz3nwcNivH7

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It is a class A misdemeanor in NY unless you have a previous conviction.

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Extorris must be getting his 5 minutes of sleep for the day.

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It astounds me how there can be so many cops that are that severly ignorant or callous towards the 4th amendments, and of our sacred anglo american traditions and laws prohibitiing of unwarranted seizure.
It is like these concepts just never once occured to them??? They don't care
Were these things never covered in police college? They were, see above
It never occured to them that they will get their pee pee slapped in court? The city got slapped in court not them
More importantly, they have no shame at all regarding the constitution or even per a general sense of human decency? See above

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Not sure $ 12k is a big money settlement in NYC

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It's amazing to me how things in one State which aren't (and shouldn't be) a crime at all can be a felony in another State.

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It's amazing to me how things in one State which aren't (and shouldn't be) a crime at all can be a felony in another State.

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That settlement should have been 10X

Cops caught lying on their reports/statements (hard to prove in this case, but plenty of other times people have cameras in the car and police are caught red handed) should result in termination.  In this case the probable lie was that the knife was in plain sight vs tucked away with the rest of the tools.  


Breaking the highest laws of the land should equal harsh legal punishments.  Digging into the car without a warrant or permission = violation of 4th.  Doubly so being that the knife was in a bag, so no way they can claim they just happened to see it sitting in 'plain sight'.


But I am going to be labeled a cop hater for calling those who break the law criminals.

Until crooked cops go to jail and have their certs yanked for lying and deliberately and blatantly falsely charging people with a crime that is non existent and was helped along by breaking laws themselves, nothing will change.

Same for not being sued personally. I understand immunity in many cases but when they actually break laws, fuk em, toss their ass in jail, lose certs and lose your own damn money.

[Just like I can be personally sued if I do something criminal while working for the company I am employed by]

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You seem to come across, like a lot of us, as someone who is fed up with cops abusing their power.

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How did you make a career in NYPD for so many years with that line of thinking.

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"not really" OK, I got it. You didn't care then and you don't care now

anything for a buck

It seems to be the American way

carry on

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It's amazing to me how things in one State which aren't (and shouldn't be) a crime at all can be a felony in another State.

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"not really" OK, I got it. You didn't care then and you don't care now

anything for a buck

It seems to be the American way

carry on

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Not sure $ 12k is a big money settlement in NYC

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That settlement should have been 10X

Cops caught lying on their reports/statements (hard to prove in this case, but plenty of other times people have cameras in the car and police are caught red handed) should result in termination.  In this case the probable lie was that the knife was in plain sight vs tucked away with the rest of the tools.  


Breaking the highest laws of the land should equal harsh legal punishments.  Digging into the car without a warrant or permission = violation of 4th.  Doubly so being that the knife was in a bag, so no way they can claim they just happened to see it sitting in 'plain sight'.


But I am going to be labeled a cop hater for calling those who break the law criminals.

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12K?  He'll probably lose half of it in taxes.

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It's amazing to me how things in one State which aren't (and shouldn't be) a crime at all can be a felony in another State.

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Extorris, legitimate question, no troll



You seem to come across, like a lot of us, as someone who is fed up with cops abusing their power. How did you make a career in NYPD for so many years with that line of thinking. Are you a born again constitutionalist, or have you always felt this way. If the later, could you share some anecdotes on how you dealt with issues of abuses of power during your tenure.



Genuinely curious, not a call out. If my question is out of line just tell me to mind my own business

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that's "we may not be wrong but thats cheaper than proving we're right" settlement money.

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This shit makes me feel like ZERO sympathy for a nypd'r no matter what, they really seem to be a foreign army systematically waging war against the constitution for overtime pay.