A NY State Trooper put me in handcuffs for breaking down; what can I do about it?

Question

I'm a 30 year old engineer who was on his way to work one morning when my motorcycle broke down in Mamoraneck. Tow truck was late, so I waited an hour in a safe area away from highway in grass area near bridge for overpass. Police shows up and I think he's checking to see if I'm ok. He immediatly starts to bombard me with questions about me doing graffiti. "Do you have paint?" "are you spraying graffitti?". I'm completely cooperative and so in shock that I don't even show any attitude. I'm a 30 year old computer engineer and Air Force veteran. I wear suits to work and am well spoken and the area I was in does not exactly have a graffiti problem. He asked why I had paint on my hands(chain grease). As I handed him my license he handcuffed me in FRONT. He never searched me, but put me in the back seat. He then walked up the hill to check for graffiti, THEN he checked my bike to see if it was disabled. THEN he says he has to run me for warrants. Is this legal? What can I do about this?

1) Handcuffing me could not have been for safety unless the officer was a moron:

I could have pulled out a gun and shot him in the back while he walked up the hill.

I could have then drove of with the police car or otherwise left.

I used to carry hanfcuff keys with me(don't ask)...so back then I could have probably freed myself too.

2) I was sooo not a likely suspect or threat; I don't swear, drink, smoke or curse. I have not been in a fight as an adult. I put on my uniform and marched with the NYPD and FDNY for the ground zero closing ceremony. Though the officer had no way of knowing all that...just think what impression a person like myself would give an officer....graffiti artist?? I'm well spoken with better than average grammer(spoken anyway). I was completely cooperative and respectfull.

3) Grafitti is a minor offense, so even if I did do it...are handcuffs nessasary? If they are..then why do you handcuff a suspect of a lighter crime and not GUILTY speeders/likely runners.

Answer 1

You should sue the department or at least file a complaint. The problem with a lot of law enforcement officers is they read only the parts of the law they want to read. We could do a review for them.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
(a) Whenever a police officer accosts an individual and restrains his freedom to walk away, he has "seized" that person within the meaning of the Fourth Amendment. P. 16.
Define Arrest-The taking seizing, seizing, or detaining of the person or another, either by touching or putting hands on him, or by any act indicating they are not free to leave.
2. georgia supreme court-a person is under arrest whenever his liberty to come and go as he pleases is restrained, no matter how slight the restraint may be.
I think you have a good case for a civil case if you wanted to go that far. You can at least go to his department and make them shake. I am an officer and I see peoples rights violated every day by officers thinking they can do as they please because people don't know their rights. Most of them are lucky, nobody ever takes them to court. The job can be done legally and they will still make arrest without being sued or getting embarassed in court.

Answer 2

It sounds like he was not having a good day. it also sounds like he may have made some tactical errors. A complaint might give him a wake up call and would definitely call attention of his superiors to this person and may cause him to be retrained. If not then it should. I train police officers and we dont train ever to handcuff in the front unless it is a one armed man, which you clearly were not if you were driving a motorcycle...
I personally feel like there is little reason to be rude when contacting a citizen but everyone has a bad day once in a while. The problem is if he is rude everyday and no one complains then he just gets into the habit of being rude...I have found that it is easier to "kill them with kindness" than to be rude. That way when it goes to court or for review it makes them (the suspect) look like an a$$, but as I said everyone has a bad day once in a while.
You might try asking one of the supervisors of that police department about procedures and maybe sketching out the events without giving up a name. That way it isnt an official complaint but the cops supervisor can still find out who did it and give a few tips on polite behavior...
Good luck.

Answer 3

yes, handcuffing you is for his safety. It sounds to me like everything the officer did was well within the law. You have to remember that when a police officer approaches you, HE DOESN'T KNOW YOU. You may look like a decent upstanding law abiding citizen, but many police have been assaulted because they let their guard down.

I think what happened here was an assault on your pride and nothing more. The officer should have patted you down (Terry Frisk) before he put you in his cruiser. But the fact that he didn't was obviously because he didn't feel too much of a threat from you. It is possible that NY state police policy is to handcuff persons during an investigation of such that you were a part of.

Answer 4

Having been in law enforcement for 18 years, I cant tell you why he acted like he did, but most cops will tell you, " you are not under arrest, I am doing this ( handcuffing) to protect myself. I will pat you down for weapons."

If only one percent of police officers were jerks, then in some cities, where at any one time some 4-5 thousands uniforms are on the street, then you see why they have such a reputation for bad cops.

I would at least file a complaint with the watch commander or Internal Affairs. Again, cuffing is a safety policy most departments do have but his attitude, based you what you say, is crappy and a complaint, if only to get his attention, is needed.

Answer 5

You were detained while your story was being checked out. It's often policy that detainees be handcuffed for the officer's protection. At least he was decent enough to cuff you in front.

For the most part you were subjected to standard procedure. There's little that you can do about it aside from contacting your representatives and getting the laws changed that allows them to do this. Don't expect a lot of support there, though.

Answer 6

You knew what you were doing there, he did not. Not to mention this is a one sided story. As far as handcuffing you and putting you in his car, it's called investigative detention. Its quit legal, good luck trying to sue an agency on that one.

Answer 7

He handcuffed you for his safety.......its something they have to do. If he thought he had reason to check you out then he did what was required by law. His car is equipt with a camera....and it was probably recording so he had to cover his butt. Not that it was right...the things he did....but he didn't go against any laws.

Answer 8

Did you break down while black?

Answer 9

i think that that is so stupid the officer was just looking for something to do i think that you should report it to his chief and see what they have to say about the whole matter if you didnt do anything to make them think you were up to something then they had no right to put you in cuffs

Answer 10

He can detain you all day without saying anything. He felt like you were a threat, nothing you can do about it.