Class Certified in NYPD Stop and Frisk Program

Judge Shira Scheindlin ruled “overwhelming evidence” exists that the NYPD is running a centralized “stop-and-frisk” program that has led to thousands of unlawful stops and arrests.   As a result the federal judge certified a 2008 class action lawsuit that challenges the NYPD “stop and fr...
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NY State Preparing Large Expansion of DNA For Convicted Criminals

A deal between Governor Cuomo and state lawmakers for the expansion of the DNA database in New York for convicted criminals has been reached, which will create a database among the nation’s largest, according to the New York Times. Under current law, DNA samples are only required for less than hal...
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Teacher’s Termination for Posting “Repulsive” Comments to Facebook Overturned

A Manhattan court ruled that a teacher who posted comments to Facebook should not have had her employment terminated, since such a punishment “shocks one’s sense of fairness” and is “inconsistent with the spirit of the First Amendment.” The tenured teacher in this case, Matter of Rubino v....
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California Ban on Same-Sex Marriage Reversed by Ninth Circuit Court of Appeals

Proposition 8, the voter-approved referendum banning gay marriage in California, was recently ruled to be unconstitutional by the Ninth Circuit Court of Appeals. Proposition 8 was passed in California in 2008 with 52% of the vote. In 2010, Federal District Judge Vaughn R. Walker ruled that preventin...
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Supreme Court: Police must obtain a warrant before attaching a GPS tracker to a suspect’s vehicle

In a unanimous decision, the U.S. Supreme Court has ruled that police must obtain a warrant before attaching a GPS tracker to a suspect’s vehicle.  However, the Court was split 5-4 in its reasoning behind the ruling, with Justice Antonin Scalia writing for the majority.  Justice Scalia reasoned ...
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NYPD Officer Arrested for a Federal Civil Rights Violation

“The power to arrest — to deprive a citizen of liberty — must be used fairly, responsibly and without bias.”  Such was part of a statement given by Loretta E. Lynch, the United States attorney for the Eastern District of New York . The public announcement followed the arrest of Officer Mich...
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Lawsuit involving an improper police search is finally headed to trial after seventeen years

In 1994, New York City police officers, acting on an informant’s tip, obtained a “no-knock” search warrant and forcefully entered the apartment of a mother and her six children in the Bronx.  After seventeen years, a lawsuit filed by the family claiming the search was unlawful will finally be...
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Jury Selection: Peremptory Challenegs vs. Equal Protection Clause

Daniel Osazuwa, a homosexual male, who was born in Nigeria was arrested for assaulting a prison guard while serving time after a bank fraud conviction.  Mr. Osazuwa claimed he was giving the guard a hug, a gesture native to his African traditions, and that the homophobic man overreacted.  At Os...
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New York Divorce Lawyers are seeing a New Shade of Green

With a number of our neighboring states having already legalized same-sex marriage, notably Massachusetts, Connecticut, New Hampshire and Vermont, the recent decision adding the state of New York to that list is expected to spur a ripple effect throughout the nation. But this is not the only expecte...
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Criminal Law Update: Weapons possession law impermissibly discriminated against non-citizens

In People v. Bounasri, the  defendant, a citizen of Tunisia who was a lawful permanent resident of the United States, was charged with criminal possession of a weapon in the fourth degree under a provision of New York Penal Law that criminalized only a non-United States citizen’s possession ...
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