5 days Ago By Charles Lane
Defense lawyers are asking a judge to rule on the NYPD's practice of arresting people for low-level crimes rather than issuing tickets, according to court documents. A new motion by the nonprofit Legal Aid Society requests that a judge immediately block the department from arresting people for minor nonviolent offenses that are eligible for summonses under state law. Attorneys argue the practice is intrusive and harmful to New Yorkers and violates their constitutional rights.
The move comes after Gothamist reported earlier this month that the NYPD has dramatically stepped up arrests for low-level offenses. It also comes after two men died in police custody while awaiting arraignment for petit larceny and drug possession — crimes that should have been eligible for court summonses. A judge's ruling on the motion could reverse NYPD policy and make it harder for police to arrest low-level offenders and instead issue more tickets for crimes like drug possession, small thefts and fare evasion.
The dispute also distills tensions brewing over the city's approach to public safety. "This ruling could not be more urgent given what we are seeing across the board with the NYPD continuing to violate New Yorkers' rights and not to follow the mandate of the law," said Meghna Philip, an attorney with the Legal Aid Society. An NYPD spokesperson didn't immediately respond to a request for comment.
The department has previously defended its practices, saying there are exceptions in the law that allow officers to hold low-level offenders. Some exemptions include if the person has outstanding warrants for their arrest or has failed to make previous court appearances, among others. The option to issue summonses rather than make arrests for low-level crimes was established in a series of criminal justice reforms approved by the state Legislature and former Gov.
Andrew Cuomo in 2019. The Legal Aid Society's request is part of a broader lawsuit filed against the NYPD in 2021 that challenges what attorneys argue were improper arrests during the 2020 protests following George Floyd's murder. The complaint claims officers unnecessarily arrested protesters instead of issuing tickets, detaining them at precincts for hours only to eventually release them with summonses.
The underlying lawsuit argues the NYPD has to issue tickets on the scene of an alleged crime and not at a precinct. In court papers, the NYPD questioned the legal premise of that argument. City lawyers said police can't issue tickets on the scene because the law contains exemptions.
"The information necessary to determine if several of these exemptions apply, however, is not available at the scene of the offense and must be accessed elsewhere, such as at the local precinct or Central Booking," the city said in a court filing. In 2021, 55% of people accused of petit larceny were given summonses and not detained, according to data from the state's court system. For the first two months of this year, that number dipped to 26%, meaning nearly three-quarters of those charged with petit larceny were jailed and held for arraignment.
Soso Ramishvili, 32, was discovered unconscious on March 21 after being arrested for allegedly taking $213 in merchandise from Home Depot. A second man, a 43-year-old whose name has not been released, died in NYPD custody at the Manhattan Criminal Courthouse on March 26. Officials said he was arrested near Times Square for holding a subway gate open and asking for money.
Police later charged him with drug possession. The Legal Aid Society has also requested that the city's Department of Investigation examine the NYPD's arrest practices. "If the court declares that the NYPD's policies violate the law and they violate the Constitution, then the NYPD will have to change their policies to comply with the law," Philip said.
Major crime has fallen in the city, but arrests have surged as Mayor Eric Adams and Police Commissioner Jessica Tisch have voiced an increasingly tough-on-crime message — even against low-level offenders ..
