Case Study: Rivera V. US

P alleges false arrest for criminal possession of a weapon. P alleges that she was visiting her boyfriend’s apartment when MOS forcibly entered the apartment and searched the apartment. P alleges that P informed MOS that she does not resided at the apartment however she was arrested. Defendant MOS Mayer stated that while on regular patrol he observed Khalid Edwards, whom MOS Mayer had previously arrested at the location, exiting the building. The landlord of the building that previously informed MOS Mayer that he was going to evict Mr. Edwards. MOS Mayer approached and questioned Mr. Edwards. Mr. Edwards informed MOS Mayer had he was not living in the building however he was staying there. MOS Mayer went to the apartment to verify Mr. Edwards’s

P alleges assault and false arrest. P claims he was a guest at a party when MOS arrived and recovered a firearm on the ground. P claims that he was not in possession of a firearm. P alleges that he was falsely arrested for criminal possession of weapon, sprayed with mace, and assaulted by MOS. Defendant MOS states that they were responding to a radio run for shots fired and a vehicle fleeing the scene. While canvassing the area, MOS observed a party in a yard which had very loud music playing and people were drinking in the street. Sgt. Arquer entered the party through the main entrance to shut down the party, and MOS Mayer entered through the side gate. As Sgt. Arquer was speaking to an individual, MOS Mayer observed P walking in his direction

P alleges excessive force. P alleges he was on the sideway when defendant MOS Delprete and Vaccarino approached him. P claims MOS Delprete struck him on the side of his face. P alleges that he grabbed the fence and his back was to the MOS. P claims he refused to let go of the fence when MOS ordered him. P states that MOS punched approximately 14 to 20 times in face and head. P claims that he was struck with a flashlight. P claims that he was pepper sprayed in the face causing him to let go of the fence and fall to the ground. P claims that while he was on the ground he was kicked in his side and face causing him to lose consciousness. P alleges that he received 13 stitches to his face and was diagnosed with fracture left eye socket. MOS

On November 25, 1999, The Coast Guard rescued 5 year old Elian Gonzalez from the Atlantic Ocean. Elian was found on an inner tube clinging to life with dehydration and hypothermia. His mother, Elisabeth Brotons, along with several others drowned on their trip from Cuba. The INS placed Plaintiff with his uncle, Lazaro Gonzalez, who lives in Miami, Florida. On November 27, 1999, Plaintiff's father, Juan Gonzalez, sent a letter to the Cuban government requesting that his son be in Cuba. The letter stated that the Plaintiff was taken out of Cuba without his father’s consent. On November 29, 1999, Lazaro Gonzalez signed and submitted an application for asylum to the INS on behalf of Elian. Shortly after, another application was submitted with Elian’s signature.

This case is consolidated with Victoria Goetz vs. NYC (2013-052590) Ps are brother and sister and allege false arrest. P David Diaz alleges that MOS entered his bedroom and knocked him to the ground then was cuffed and placed with his face down on the bed. P Quintesha Diaz alleges that she was getting ready for school when MOS entered. P Quintesha Diaz alleges that a female MOS patted her down in the bathroom then she was tightly handcuffed, causing cuts to her wrists and swelling. P Quintesha Diaz alleges that as a result of the incident she missed 2 two days of school and her AP English exam (which caused an opportunity to have the exam credit accepted by Hunter College). Defendant MOS Sisco states he was executing a search warrant and narcotics

P alleges temporary loss of his dog and false arrest. P alleges he was holding his dog on a leash on the street when MOS grabbed and threw him to the ground causing P to let go of the leash. P alleges that the dog lunged towards defendant MOS and MOS shot at the dog. P alleges that he was cuffed and taken to the precinct and defendant MOS took his dog to an animal dog as a lost dog. P alleges that he had to pay $280 to retrieve his dog back. P alleges that MOS did not allow his tied his dog up. P alleges that the criminal charges were, later, dismissed. No other information is known about the case. It is unclear what role, if any, Defendant MOS Jeffrey Sisco, played in this

P alleges false arrest. P was arrested for shooting CW Flaming St. Fleur (non-party). At Grand Jury, Mr. St. Fleur testified that he was shot and turned around saw P standing there. P was indicted by a grand jury. Mr. St. Fleur went to the precinct and recanted his identification of P to Det. Torres. Det. Torres informed Mr. St. Fleur to go to the DA’s office. On 11/3/2008, Mr. St. Fleur spoke with ADA Thomas McManus and recant his identification of P. Mr. St. Fleur identified another person as shooter and claimed to the person in the neighborhood. P was incarcerated when Mr. St. Fleur stated seeing the shooter of the street. Criminal charges were, later, dismissed. P was incarcerated for more than 10 months. Mr. St. Fleur stated in an affidavit

During the supreme court case U.S v. Lopez, the United States Federal Government’s argument was that carrying a firearm inside an educational environment would lead to a violent crime. A violent crime ultimately affects the population of a school. Due to this, the federal government believed that the commerce clause should be practiced in this case. The Supreme Court backed the previous decision offered by the Five Court of Appeals. In United States v. Lopez, the U.S Supreme Court stated that Congress actually has the ability to make laws under the Clause, but these powers were limited and could not affect the Lopez case.

On February 20, 2016 about 2310 and 2320 hours he was at a house party for his little cousin at 55 Bowen Street, Staten Island Apt. 411. While he was standing in the hale way there were six [6] police officer in uniform present, shortly after four [4] detectives [plainclothes officers]showed up and the were making sure nothing happened at the party. One of the detective approached him and asked him for his name and he provided him with the necessary information. The detective then told him that he had a warrant and he

P alleges false arrest. P alleges that she was hanging out with her friends after school when defendant MOS Jose Peinan became flirting with her. P alleges that she did not respond to MOS Peinan causing MOS Peinan to become angry. P alleges that MOS Peinan ordered two male MOS to arrest P and her friend, Marie Gonzales (non-party). P alleges that one of the male MOS patted her down and touched her breast. P alleges she was handcuffed and placed in a police van and taken to the 52 precinct. P alleges that she was denied food bought by her mother at the precinct. P also alleges that her request to have the handcuffs loosen was denied. MOS stated that they were conducting a UC buy and bust narcotics operation when P and Ms. Gonzales approached

Plaintiff claims false arrest, false imprisonment, malicious prosecution and assault. Per the Law Department abstract, officers, including Det. Hernandez were executing a search warrant. Officers entered the apartment and brought everyone inside the apartment into the living room including plaintiff and handcuffed. Everyone including plaintiff were searched. Officers recovered marijuana from separately apprehended Jeffrey McCaskill’s person. Plaintiff was transported to the precinct 48 pct. Plaintiff states officers removed her from the holding celling, assaulted by officers, and placed in shackles. Plaintiff allegedly bended Det. Moises Martinez left hand causing injury when he tried to place in shackles. Plaintiff was re-arrest for assault.

P alleges false arrest. P alleges that MOS approached and searched him. P alleges after searching him, MOS approached his brother, Rashawn Belle (non-party) and arrested. P alleges that he went to inquiry about his brother’s arrest and MOS arrested him. MO Pizzarro, seated in unmarked vehicle, observed P taking money from people then meet up with his brother. Then, MOS Pizzarro radioed what transcribed to the MOS Nigro and approached P and his brother. As MOS Pizzarro was approaching them, P and his brother began to walk away. MOS Pizzarro observed P had his brother a plastic bag then the brother threw the bag into the bushes. MOS apprehended P’s brother while P had walked ahead. After P’s brother was arrest, P came back to the location and

The people who were involved in this case are first the police who are the professionals in the criminal justice who are allowed to enforce the law. The implication being that the police, who go to ask for a search warrant were just acting on the premise of the probable cause in seeking to understand the respondent, who in this case is Leon. There is the judge who gives the search warrant, and this helps to show the role of the judiciary in criminal justice system, they are expected to interpret the law in courts. The defendant, in this case, is Leon, who has been accused of possession of illegal drugs and was charged in a court of law in the cases in which the state is a party, it is the prosecutor who undertakes in arguing the

Search warrant. Ps allege false arrest. There are 3 Ps in the case – Victor Ruiz, Maria Alcantar and Argelia Flores (minor). Ps allege they were home when MOS entered their home with guns drawn. Ps allege that they were handcuffed while MOS searched the apartment. P Victor Ruiz alleges the MOS took him to the bathroom and forced him to strip search. Ps allege that MOS used canines to search the apartment. MOS Thomas Decker states that they were executing a search warrant obtained after confident informant buys at the location. MOS Decker swore the affidavit to get the search warrant. MOS Decker was assigned to the hydro position (it is the position of opening the door by breaking the door jam). MOS Decker did not handcuff the Ps and no canines

It should be noted Brown also told me a few weeks ago on two separate occasions