NYPD Assault Arrest Musician for Playing a Song

[Hideous]

NYPD Assault Arrest Musician for Playing a Song Even After Verifying He Hadn’t Broken Any Laws

PEBZReXChoA

"In a video uploaded to YouTube on Saturday, Lawrence and Leigh musician Andrew Kalleen is seen being assaulted and arrested by NYPD- even after knowing his rights and proving to the officer that he had not broken any laws.

The video, which was filmed at the Lorimer Street/Metropolitan Avenue station around 1:30 am on Friday, begins with Kalleen already explaining to the officer that he is not breaking any laws.

Infact, he cites the exact law the officer needs to look up to prove he was well within his rights. Kalleen has become well versed with this law, as he informed us that this is at least the 6th time he has been asked to stop. He has previously only received tickets- which he is also fighting through a Civilian Complaint Review Board investigation.

The officer continues to claim that he cannot play on the platform unless he has a permit, to which Kalleen asserts that he is incorrect. The officer demands he put down his guitar or be subject to arrest."

The officer then searches for the law on his cellphone, and reads out loud just how mistaken he was.

Section 1050.6c of the MTA’s “Rules of Conduct“ states:

Except as expressly permitted in this subdivision, no person shall engage in any nontransit uses upon any facility or conveyance. Nontransit uses are noncommercial activities that are not directly related to the use of a facility or conveyance for transportation. The following nontransit uses are permitted by the Authority, provided they do not impede transit activities and they are conducted in accordance with these rules: public speaking; campaigning; leafletting or distribution of written noncommercial materials; activities intended to encourage and facilitate voter registration; artistic performances, including the acceptance of donations.

Read more at http://thefreethoughtproject.com/nypd-assault-arrest-subway-musician-reading-broke-law/#SQ3BySy4DE6sCIuZ.99

[Miserabilia]

The officer was wrong, but probably just doing his job; thought I wonder, they should have better things to do right? :rolleyes:

[thatcountrykid]

That's officer was in his district, in his post, and that was most likely the only thing going on or he would have been gone. That could have been considering disrupting the transit area. I saw nothing done wrong. Now it might not hold up in court but that's besides the point. I also didn't see any assault so claiming that is just wrong. The title is misleading.

[James Dean]

I was reading some comments on the video and it turns out the cop read the law wrong and as long as he's not asking for money, he's allowed to play his music in the subway.

But he had his case open and that means people can drop money in so that's still technically soliciting right? Regardless, that's still messed up.

Mind you, the cop is somewhat wrong for not knowing the laws and basically that guy is trying to express himself positively and being punished for it.

[CosmicNoodle]

That could have been considering disrupting the transit area.

Lock up the children, hide the women, lock away the valuables, a man has DARED to play a musical instrument in public...

[thatcountrykid]

Lock up the children, hide the women, lock away the valuables, a man has DARED to play a musical instrument in public...

I'm saying where he was and what he was doin could be considered impending the transit system. Don't even start that crap

[CosmicNoodle]

I'm saying where he was and what he was doin could be considered impending the transit system. Don't even start that crap

Don't worry, not starting nothing. :D

But admiredly, even if he was "impending" the transit system, who's he holding up? The 15 people in there? The 15 people who argued for him to stay? The police are there to protect and serve, that was nether, protecting who? And it was the opposite of serving, that was just a cop who wouldn't admit he was wrong, you could tell he knew he'd fucked up based on his body language. I think most people will agree with that, but you do make a good point, if he was breaking the law (with to be honest I don't think he was) then the cop was legally right to arrest him, but most definitely not morraly right.

[thatcountrykid]

Don't worry, not starting nothing. :D

But admiredly, even if he was "impending" the transit system, who's he holding up? The 15 people in there? The 15 people who argued for him to stay? The police are there to protect and serve, that was nether, protecting who? And it was the opposite of serving, that was just a cop who wouldn't admit he was wrong, you could tell he knew he'd fucked up based on his body language. I think most people will agree with that, but you do make a good point, if he was breaking the law (with to be honest I don't think he was) then the cop was legally right to arrest him, but most definitely not morraly right.

"Protect and serve" is a motto and a lot of people forget that. Their job is to enforce the laws of their jurisdiction. When arresting someone morales beer go into account. The guy didn't need to be hostile. Just take off the guitar and talk. Offer to move off the platform maybe and if that doesn't work leave and comeback another day. They can order you off a premises if it could be causing problems. And honestly those people didn't need to get involved. They where being big headed douchebags who want to feel important

[CosmicNoodle]

"Protect and serve" is a motto and a lot of people forget that. Their job is to enforce the laws of their jurisdiction. When arresting someone morales beer go into account. The guy didn't need to be hostile. Just take off the guitar and talk. Offer to move off the platform maybe and if that doesn't work leave and comeback another day. They can order you off a premises if it could be causing problems. And honestly those people didn't need to get involved. They where being big headed douchebags who want to feel important

Out of all the stories about police you always support them, will you ever admit that on occasion they are wrong?
And those people did need to get involved, that man was causing NO problems, this story is just another case of the government telling you what you can do where basically saying they own you. What you do, where you do it, how you do it. Is there any such thing as freedom in America anymore? Your not free, your free to obey, obey petty laws that make sense in only some cases.
And how where they being douce bags? Please explain that. They where supporting a man, doing nothing wrong, who was being wrongly arrested by a policeman who done goof and didn't want to admit it. The police don't own the people. The government doesnt own the people, The people own the police, the people own the government, this is a case of them overstepping there mark.

And may I ask, and I expect you to answer, what is the point of having a moto, if not to follow it, that's like the fire department having a moto saying "set shit on fire".

[Emerald Dream]

I'm not sure that assault is the right word for this, but even though it's not much - it's definitely simple battery. The officer definitely makes wrongful and unnecessary contact with the guy twice (once by grabbing him, and the second time by grabbing his guitar and bopping him with it).

Definition of Battery. (http://legal-dictionary.thefreedictionary.com/battery)

If it wasn't so shameful, this video would probably be a hell of a lot funnier....because honestly, the singer pretty much owns the cop here.

[thatcountrykid]

Out of all the stories about police you always support them, will you ever admit that on occasion they are wrong?
And those people did need to get involved, that man was causing NO problems, this story is just another case of the government telling you what you can do where basically saying they own you. What you do, where you do it, how you do it. Is there any such thing as freedom in America anymore? Your not free, your free to obey, obey petty laws that make sense in only some cases.
And how where they being douce bags? Please explain that. They where supporting a man, doing nothing wrong, who was being wrongly arrested by a policeman who done goof and didn't want to admit it. The police don't own the people. The government doesnt own the people, The people own the police, the people own the government, this is a case of them overstepping there mark.

And may I ask, and I expect you to answer, what is the point of having a moto, if not to follow it, that's like the fire department having a moto saying "set shit on fire".

The people do not own the police. Police are government employees. They work for they head of their jurisdiction. Those people where not victims or offenders and where not involved. In all reality they could have been ordered to leave and if they refused, arrested.

I have admitted police are wrong and I admitted in this case the charge referring to impeding the transit system will probably be dropped. I know there are bad cops and for sure cops make mistakes.

They follow the motto. They are there to protect and serve but the law is first. Protect and serve does not mean be a slave to society.

I'm not sure that assault is the right word for this, but even though it's not much - it's definitely simple battery. The officer definitely makes wrongful and unnecessary contact with the guy twice (once by grabbing him, and the second time by grabbing his guitar and bopping him with it).

Definition of Battery. (http://legal-dictionary.thefreedictionary.com/battery)

If it wasn't so shameful, this video would probably be a hell of a lot funnier....because honestly, the singer pretty much owns the cop here.

Not really battery if he's detaining or attempting to detain the guy.

[Emerald Dream]

.
Not really battery if he's detaining or attempting to detain the guy.

It was unnecessary contact, and I don't remember him placing the singer under arrest at that point. So yeah, battery.

A lawyer would have a field day with it.

[thatcountrykid]

It was unnecessary contact, and I don't remember him placing the singer under arrest at that point. So yeah, battery.

A lawyer would have a field day with it.

Hand cuff or restraining does not mean arrest. Arrest is a state of mind. If he has an officer there not letting him leave and officers on the way he knows he is under arrest.

[Emerald Dream]

Hand cuff or restraining does not mean arrest. Arrest is a state of mind. If he has an officer there not letting him leave and officers on the way he knows he is under arrest.

That's absolutely ridiculous, and you are blindly defending the police force as a whole. And yes, before you say it - I know you "admitted the officer may be wrong." However, your blinders and tunnel vision are still on.

Did you even watch the video, or bother to read the definition of "battery" that I linked?

The two of them were engaging in conversation. The officer disagrees and gets pissed off when the other guy starts playing his guitar again - and then grabs him....this after they read the part of the law where nothing is being done wrong. He was not under arrest, nor should he have been. Even the part where the officer tells him that he is being ejected is completely wrong.

ANY contact in this situation was unnecessary, because the singer was not the least bit threatening in his attempts to engage the officer in conversation.

[thatcountrykid]

That's absolutely ridiculous, and you are blindly defending the police force as a whole. And yes, before you say it - I know you "admitted the officer may be wrong." However, your blinders and tunnel vision are still on.

Did you even watch the video, or bother to read the definition of "battery" that I linked?

The two of them were engaging in conversation. The officer disagrees and gets pissed off when the other guy starts playing his guitar again - and then grabs him....this after they read the part of the law where nothing is being done wrong. He was not under arrest, nor should he have been. Even the part where the officer tells him that he is being ejected is completely wrong.

ANY contact in this situation was unnecessary, because the singer was not the least bit threatening in his attempts to engage the officer in conversation.

Yes I watche the video. The guy was under arrest. After refusing to leave. That's a lawful order. Contact was necessary after he refused that lawful order

[CosmicNoodle]

The people do not own the police. Police are government employees. They work for they head of their jurisdiction. Those people where not victims or offenders and where not involved. In all reality they could have been ordered to leave and if they refused, arrested.

I have admitted police are wrong and I admitted in this case the charge referring to impeding the transit system will probably be dropped. I know there are bad cops and for sure cops make mistakes.

They follow the motto. They are there to protect and serve but the law is first. Protect and serve does not mean be a slave to society.



Not really battery if he's detaining or attempting to detain the guy.

It wasn't really neciccery cpntacy, to I think it could unfortunately come down on the cop as battery. Simply because he accidently hot the guy in the head with his own guitar when taking it off him (which he has not right to do, if he wants to play he can, the)

So, the police own the people? The police are free from what the entire population wants? And you forget, the government, is run by the people, meaning the police by extension are.
You admit in this case the charge would be dropped, bit do you admit they where wrong?
And realosticaly the police have to much power, if as you say, they could order them all to leave, that's to much power, you can't have one person with that much power. Because as we all know (and has happened an alarmingly large amount recently) people take things to far.)

The police should be there, as the moto says, to protect and serve, not enforce petty laws, made up by some sad little man who's scared of the world, realistically, forget the law, what was he doing to harm anyone, onterupt anyone, or even annoy anyone? Nothing, a law is supposed to protect people and keep peace, not make shit like this happen, you have to agree with that, at least on some level.

Yes I watche the video. The guy was under arrest. After refusing to leave. That's a lawful order. Contact was necessary after he refused that lawful order
Again, your being blind, the lawful order was un-needed, a petty pathetic man stepping out of his bounds.

[reptilianpine87]

and people wander why i do not like cops. this video just about sums it up