Tag: Juvenile

In the Matter of Jamal S, ” Officer Leo and his partner were on patrol when they observed respondent Jamal S. and his companion riding their bicycles against the flow of traffic on a one-way street.” As so many others in New York City, the juvenile was stopped, he was questioned and, because he did not have identification (and likely due to his suspected age), he was taken to the police precinct. While “Officer Leo intended to issue respondent a summons for disorderly conduct (Penal Law § 240.20 [7]),” an exercise in discretion results in “the officers patt[ing] him down, plac[ing] him in handcuffs and transport[ing] him to the precinct. When he arrived at the precinct at approximately 11:00 p.m., he was searched a second time.” He was searched and searched again. The Court of Appeals defines the issue  as “whether the police had the authority to arrest respondent and whether the subsequent search of his shoes was reasonable.” more