The New York City Council recently introduced nine bills aimed at police department reform.  The bills are targeted at police behavior and would criminalize chokeholds, which have been banned as a practice by the police department since 1993.  The new legislation, if adopted, would make the use of a chokehold a misdemeanor.

Additionally, some of the changes the legislation calls for include increasing transparency in the police department; ensuring that officers use no more force than is required by the threat they are facing; and requiring officers to identify themselves as police upon request.  Police officers would also be required to inform the person whom they stopped regarding their right to refuse a search, if it is not based on probable cause.

Those in opposition of the proposed legislation argue that the police department can regulate itself and does not need outside interference, fearing that streets will become more dangerous if stringent regulations are placed on the officers.

The call for police department reform, which sparked the onset of these bills, resulted in response to the recent news coverage of police misconduct.  Police misconduct can occur in many forms including false arrests; illegal search and seizures; use of excessive force; assault; and malicious prosecution.  Title 42, Section 1983 of The United States Code protects the Constitutional rights of citizens during police encounters.

It can be an extremely frightening experience to have an encounter with a police officer who oversteps the bounds of their authority.  Many victims of police misconduct are unlawfully detained, and even injured.  If you have been subjected to police misconduct, contact an experienced attorney as soon as possible to avoid the statute of limitations barring your claim.  Contact Ernest Holzberg & Associates at (212) 391-1139.