Legal Question in Criminal Law in New York

My father, a long distance truck driver, was stopped this weekend in New York by a CVEU officer to perform an inspection. The officer wanted my father to show him his fuel slips, which my father didn't have. The officer was getting irate, so my father told him he'd look and see what he could find. My father climbed back into his truck, closed the door, and began looking through his papers, when the officer went ballistic, pulled my father from the truck, handcuffed him and arrested him on the basis of criminal misconduct and resisting arrest. He then preceded to have my father's truck searched, towed, and hauled my father off to the nearest police station where he dropped him off. Legally, can the CVEU officer do everything that he did? Can a he, the CVEU officer, legally arrest someone, only to drop them off at a police station and have them process the person?


Asked on 9/12/10, 1:16 pm

1 Answer from Attorneys
Raymond Sussman

This sounds like a classic Bivens action to me. Now we can never assume that the facts as presented are absolutey accurate. So, we need to read the police reports which you should obtain from the police department.

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Answered on 9/17/10, 1:23 pm


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