Farias v. City Of New York et al
Mr. Farias (the plaintiff) was driving a Mercedes owned by his girlfriend's mother and was obeying all traffic laws when he noticed a police car driving one lane over and in front of him. The police car waited for Mr. Farias's car to advance and then pulled Mr. Farias over. Defendants Basilio and King then approached Mr. Farias's window and demanded to see his license and registration. Mr. Farias handed them over along with a form provided to him by the Town of Bethlehem verifying that a previous suspension of his license had been lifted. When the officers returned to their vehicle momentarily, Mr. Farias decided to activate the video recorder on his phone and set it in the cup holder between his front seats. The officers returned to the vehicle and arrested him. The officers searched the car without permission or authority and tightly handcuffed Mr. Farias. One of Mr. Farias's wrists was fractured in the process of putting him in the police car. The officers found nothing in the vehicle and later wrote that they pulled Mr. Farias over for an "obstructed windshield". Mr. Farias was taken to the 52nd precinct and it was determined that Mr. Farias owed an "assessment fee" for making his license valid. Mr. Farias paid the fine and was released.
Andrew L. Hoffman The Law Offices of Andrew L. Hoffman, PLLC 261 Madison Avenue, 12th Fl New York, NY 10016 (212) 736-3935 Fax: (646) 596-7772 Email: [email protected]