Police Brutality/Civil Rights

Police Violence: Little Progress Made

By Jeffrey L. Emdin / June 1, 2020 /

Eight years ago I represented the family of Ramarley Graham, an 18 year-old young man of color who was shot and killed in his own home by NYC police officers. Ramarley had committed no crime, yet he was chased down by NYPD officers who broke into his home and shot and killed him in front…

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Privacy Interest of your Cell Phone and its’ Data

By Jeffrey L. Emdin / January 29, 2020 /

A re-occurring issue that defense and civil rights attorneys often encounter involves privacy and property interests at the time of arrest. Specifically, it pertains to police access to your cell phone and its data. A person who has been arrested has the right to make three (3) telephone calls without charge. One of the calls can be…

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Police Body Camera Footage

By Jeffrey L. Emdin / January 29, 2020 /

A recent Appellate Court decision ruled that police body camera footage can be shown to the public. The court rejected the police union’s argument that the footage should not be released as it constituted personnel records and is protected under Civil Rights Law 50 (a). The court ruled that the public’s right to “transparency and…

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McDonough v. Smith

By Jeffrey L. Emdin / January 29, 2020 /

In a case recently decided by the United States Supreme Court, McDonough v. Smith, as Special District Attorney, County of Rensselaer, the Court held that the three (3) year statute of limitation for bringing a civil rights claim of fabrication of evidence under 42 USC§ 1983 begins to run when the criminal proceedings are terminated in…

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Prior Conviction or Arrest

By Jeffrey L. Emdin / January 29, 2020 /

In some circumstances, where the police are executing an arrest or search warrant, the police may have knowledge of your criminal history. More often than not, your criminal history is of no moment when your are being illegally searched, seized, battered and/or assaulted. Because you have a past criminal record does not mean you can…

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