Tuesday, March 10, 2009

Police really have nothing better to do

From the Daily News:

A Queens man says he spent 28 hours in a cell after police arrested him for using the emergency subway exit.

Todd Zielinski was in a rush to get home when he bypassed the turnstile lines at DeKalb Ave. on the L train in Brooklyn, setting off the door's alarm.

Zielinski, 32, was arrested at 7:30 p.m. on Thursday, Feb. 19, and held for 28 hours after being cited for interfering with NYC Transit equipment.

He had to phone his boss to take a day off from work and was told the charges will be dismissed if he has no run-ins with the law for six months.

He has no outstanding warrants and does not know why officers chose to arrest him, instead of issuing a summons.

Police confirmed Zielinski went through an emergency gate and was charged with a violation and processed.

"He went through a door he wasn't supposed to," a police spokesman said.


Are these people serious? I have never been in a subway station where someone didn't use this door to exit.

28 comments:

georgetheatheist said...

What is the legal definition of "emergency"?

Getting home to use the toilet in time?

Calling 911 to have 100 loiterering day workers arrested?

Wade Nichols said...

Too bad Zielinski wasn't one of those "undocumented guest workers". The Fuzz would have released him immediately, given him a free subscription to the ACLU's monthly magazine, and drove him to the nearest "dollar dance" joint.

Good to see that the "boys in blue" are cracking down on serious crimes though. Going through the subway emergency exit is definitely much worse than those minor infractions such as murder, rape, and robbery.

Mr. Angry said...

Hey, I was charged with 'trespassing' for standing in the middle of a deserted, dead end street near the east river a little over a year ago. I had to take a day off work to go to court where they dismissed it without me even getting to yell at a judge about it. It's one of the reasons I started blogging.

It's very clear what happened to this guy: It was a slow night and these cops needed to make their 'performance standard' for the month. If you don't make that one arrest per month, you get shat on by your bosses.

Being worried about being mugged has been replaced by wondering when you're going to get arrested for doing nothing. Personally, I rather be mugged for the 2 cents in my pocket than spend 24-72 hours being 'processed', moved from cell to cell to cell, and being treated like shit when you didn't do a god damned thing to deserve it. I hate to take it this far but maybe if the city wants to save some money they should get rid of this excess policing - but start at 1PP and throw out the millions they blow on these number crunchers and compstat goons. Maybe get a few dozen COs to retire already.

A Better NYC said...

I agreee with Georgetheatheist.

Any routine exit from the subway can easily be deemed an emergency situation.

Spending too much time down there can be hazardous to your health and well-being.

The rats, pools of urine and growing population mole people are all legitimate reasons for an emergency evacuation.

Anonymous said...

They shouldn't have locked him up, just given him a summons, but I can only wonder what kid of bad attitude he copped when they first stopped him. Like most people who disobey the law, he probably got all self-righteous instead of apologetic. I can't stand those me "first types" that cut to the head of the line or don't mind inflicting a loud wailing siren on those who are diligently walking through the turnstyle. On second thought: Good - the cops made an example of him. Probably the last time he'll ever do that again.

italian girl said...

Mr. Angry said...
"It was a slow night and these cops needed to make their 'performance standard' for the month. If you don't make that one arrest per month, you get shat on by your bosses."

What you said reminded me of the Joel Klein's policy of doling out indiscriminate U ratings. Principals are required(it's been rumored) to come up with a certain percentage of U ratings for the teachers in their buildings. If they don't, then they are not doing their job. You can't even imagine the stress it causes everyone.
I think this whole city is going to sh#@.

Anonymous said...

What kind of reporting is this.

Did he bypass a turnstyle to get to street level or on the train ?

Bypass as in "hop over" ?

Anonymous said...

Then they wonder why people call them pigs and spit on their windshield.

Queens Crapper said...

"Did he bypass a turnstyle to get to street level or on the train?"

He was leaving and you're supposed to go through the turnstile pictured and he went through the door instead.

Anonymous said...

It may be minor, and it may happen in every train station every day, but it is still against the law. Technically, if you set off that alarm, not only is the ear screeching sound annoying, but it is the equivalent of calling a false alarm. The police are just addressing a quality of life issue.

Queens Crapper said...

Once again, they can give a ticket, they don't have to send the guy to jail for more than a day.

Anonymous said...

They shouldn't have locked him up, just given him a summons,
----------------------------------
He probably didn't have sufficent identification. NYPD procedure is to conduct a warrant chek to see if the person isn't wanted. If the person clears, he qualifies for a summons which is technically the same thing as an arrest without the handcuffs and the detaining. If the person doesn't have identification, they don't qualify for a summons, and must be arrested.

Anonymous said...

"He probably didn't have sufficent identification. NYPD procedure is to conduct a warrant chek to see if the person isn't wanted. If the person clears, he qualifies for a summons which is technically the same thing as an arrest without the handcuffs and the detaining. If the person doesn't have identification, they don't qualify for a summons, and must be arrested."

You're right - I didn't think of that. Notice how the article avoids mention of that nicety!

Anonymous said...

So you're going to waste time and money processing him at the station instead of either taking him home to get his wallet or having him call a friend or relative to bring it to him?

Anonymous said...

Where is it posted that using that door is a crime? And why isn't it posted in multiple languages?

Anonymous said...

Well now that we all know that it is against the law, let's all agree not to do it, especially if there is a cop standing there.

Anonymous said...

If he said he was an "undocumented refugee"

They would have let him go on the first radio com to central command.
The system needs legal working citizens to pay for all the court costs and social programs.

---Remember its a "legal "system" not a justace system

A first DWI will cost ya $5000 in court charges---especially if you have a good job and home.
(they know you have money and need your car)

These illegals blow 2's and 3's hurt people people give a fake name and walk ROR in 4 hours

Anonymous said...

It may be minor, and it may happen in every train station every day, but it is still against the law.

Unfortunatly the above is true and warning on both sides of the gate are posted. The gate can be electronically controlled in some stations - it is what it is - heed the sign it's a serious rule.

Anonymous said...

There are no warnings posted in the photo above. It just says if you push the bar the alarm will sound, not that you'll get arrested.

Anonymous said...

--Its all about making overtime.
Busting people and DWIs are the only way Kellys cops can make extra $$.

Cops can make $100k a year on overtime processing people.

Innocent or not its "FU-tell it to the judge!"

Anonymous said...

--Its all about making overtime.
Busting people and DWIs are the only way Kellys cops can make extra $$.

Cops can make $100k a year on overtime processing people.

Innocent or not its "FU-tell it to the judge!"
-----------------------------------
Are you alleging that they are falsified by the cops to generate overtime? If so, please don't hesitate to enlighten us, as well as IAB and the DA's office with the earth-shattering evidence you have. Or are you just talking out of your ass about something you THINK is happening?

Anonymous said...

There are no warnings posted in the photo above. It just says if you push the bar the alarm will sound, not that you'll get arrested.
-----------------------------------
And don't you think that common sense would dictate that setting off an alarm might be a bad thing? Do we really need signs all around us to tell us right from wrong? This reminds me of the case where the guy left his in-motion camper on cruise control, and went to the rear to make coffee.

Anonymous said...

Setting a door alarm off will usually not get you arrested, especially if everyone else is doing it. Also, with all the languages spoken in the City, English warnings are not sufficient.

Anonymous said...

First - I agree that it was overboard to arrest the guy, but...

RE Warnings/Not speaking English etc

Ignorantia juris non excusat
or
Ignorantia legis neminem excusat

"Ignorance of the law is no excuse"

Anonymous said...

When was this so-called "law" passed and who passed it?

Anonymous said...

Call me a pig or whatever you like,it's ok. Spit on my windshield and see how many teeth you have left..................

Anonymous said...

Sometimes I really feel sorry for the police. I doubt a policeman came up with the brainstorm to write such stupid tickets or arrest the innocent. It was probably a request from some bigshot.

Wouldn't it be nice if police could spend their day arresting murderers, thieves and rapists instead of getting involved in all the bullSh*t. I am sure this isn't why they signed up.

Anonymous said...

These arrests are quality of life issues. It stems from the thought process that a person who commits small infractions- like turnstile jumping,littering, smoking on the subway and such, are the same people who will rob you on the subway. The guy who is getting on the train to commit a crime isn't worried about paying his fare, or using the correct door upon exiting. A lot of the stops produce weapons arrests.