Elderly woman arrested for calling 311 too much

Police didn't want to do their jobs?

A 67-year-old woman who lives in Castle Hill Houses in the Bronx will file a federal lawsuit on Friday, slamming the NYPD for busting her for calling 311 too much. Arles Cepeda called the city hotline 44 times during a stretch of 15 months — and she phoned 911 twice.

Cepeda moved into the NYCHA property in November 2011. Her complaints to building management fell on deaf ears, she said, and her calls to 311 started shortly thereafter. Most of the calls were complaints about drugs. Others were about excessive noise in the hallways. And a few dealt with broken elevators.

~~~~~

Cepeda was taken to the 43rd Precinct stationhouse, fingerprinted, put in a cell and processed. Several hours later, she was released with a desk appearance ticket, but not before she said Stefatos gave her a stern warning.

“If you continue calling, I’m gonna take you to the pysch unit at Jacobi Hospital,” she recalled him saying. “He was very cruel to me.”

I'd like to know if they truly investigated this issue. And if there's no charges with the DA's office, would this be a false arrest? Honestly curious here. I don't know the law that well. Does anyone think she has a case?

It's ok - the NYCPBA has thoroughly investigated the complaint, and has determined that the officer's behavior was entirely within department and NYCPBA policy. Patrick Lynch, spokesperson for NYCPBA stated "If she thinks she can file a complaint against this fine officer, then her hands will be literally dripping with blood. LITERALLY. DRIPPING. WITH. BLOOD"

Further, Mr Lynch has informed her that "We can make sure that someone is there every few hours every night. Knocking. Banging. Demanding to be let in. Just making sure she's ok, you know? Over and over. Every night. You know, it's a nice life she has there. It's a pity if something should happen to it. Maybe she ought to move out of NYC"

a reply to: Anyafaj

IMO it was an intimidation tactic, meaning it wasn't really meant to go anywhere..it was just to get her to stop "bothering" them.

So a 67 year old woman gets dragged into court...

Meanwhile, the drug dealers are roaming the hallways free and clear ?



You just can't make this stuff up !

originally posted by: CranialSponge
So a 67 year old woman gets dragged into court...

Meanwhile, the drug dealers are roaming the hallways free and clear ?



You just can't make this stuff up !

If you check the side of the page, there's a link saying in Brooklyn, at another housing complex that owns her complex, police arrested 14 drug dealers. Aye! So apparently they do their jobs in one borough and intimidate old ladies in another. Good to know! [Sarc]

a reply to: Anyafaj

She called them not quite once a week. Doesn't seem to bad.

originally posted by: ZeussusZ
a reply to: Anyafaj

She called them not quite once a week. Doesn't seem to bad.

The problem it would seem is she called them to do their job. Apparently, that is now against the law.

Is it just me thats thinking the dealers are working for the police?

a reply to: Anyafaj

Can some one explain what 311 is? I'm from Canada. Here we call 911 or the police department.

I am confused and can't come up with talking points for this.

If 311 is a non emergency number then it sounds like she is using it how it was intended to be used. But that is just a guess on my part.

originally posted by: snypwsd
a reply to: Anyafaj

Can some one explain what 311 is? I'm from Canada. Here we call 911 or the police department.

I am confused and can't come up with talking points for this.

If 311 is a non emergency number then it sounds like she is using it how it was intended to be used. But that is just a guess on my part.

I know 311 has, in the now long distant past, been a number used by phone technicians to perform maintenance. But no more, now it's apparently a municipal information number in some locales. From Wiki:

The telephone number 3-1-1 is a special telephone number supported in many communities in Canada and the United States which provides access to non-emergency municipal services. The number format follows the N11 code for a group of short, special-purpose local numbers.

The number 3-1-1 is intended in part to divert routine inquiries and non-urgent community concerns from the 9-1-1 number which is reserved for emergency service only. A promotional website for 3-1-1 in Akron described the distinction as follows: "Burning building? Call 9-1-1. Burning Question? Call 3-1-1."[1]

Now, I'd guess among other issues that are totally #ed up with the NYPD response to this would have to be, is there in fact ANY sort of city ordinance that regulates calling 311? It's not an emergency number, so you can't charge for that, and it's not a residence, so you can't charge for harassment, a police officer or employee (on the job) is judicially barred from claiming disturbance of their peace, so what the hell can you arrest for, in the case of "311 abuse"?

My guess is that some dimwitted jackass arrested her for "311 abuse", got her to the station, and then discovered there isn't any way to charge for that. So they tried to make it didn't happen. Having been caught at it, they're now circling the union wagons and trying to figuratively sprinkle her with crack after the fact. Not that they have to worry, NYCPBA is there to make it all better, I'm sure, and if not, well, the complaint to discipline rate for NYPD IAB is in the noise. She's more likely to win the lottery.

originally posted by: RifRAAF
Is it just me thats thinking the dealers are working for the police?

No it's not just you. In some communities, the police protect the dealers. I know they used to in one community I lived in about 6 years ago.

originally posted by: snypwsd
a reply to: Anyafaj

Can some one explain what 311 is? I'm from Canada. Here we call 911 or the police department.

I am confused and can't come up with talking points for this.

If 311 is a non emergency number then it sounds like she is using it how it was intended to be used. But that is just a guess on my part.

You're correct. 311 is a non-emergency number.

What is 311?

Our Mission

311's mission is to provide the public with quick, easy access to all New York City government services and information while maintaining the highest possible level of customer service.

We help agencies improve service delivery by allowing them to focus on their core missions and manage their workload efficiently.

We also provide insight into ways to improve City government through accurate, consistent measurement and analysis of service delivery Citywide.

I hope this helps. Not all cities have this, but a good number of them do.

originally posted by: Bedlam

originally posted by: snypwsd
a reply to: Anyafaj

Can some one explain what 311 is? I'm from Canada. Here we call 911 or the police department.

I am confused and can't come up with talking points for this.

If 311 is a non emergency number then it sounds like she is using it how it was intended to be used. But that is just a guess on my part.

I know 311 has, in the now long distant past, been a number used by phone technicians to perform maintenance. But no more, now it's apparently a municipal information number in some locales. From Wiki:

The telephone number 3-1-1 is a special telephone number supported in many communities in Canada and the United States which provides access to non-emergency municipal services. The number format follows the N11 code for a group of short, special-purpose local numbers.

The number 3-1-1 is intended in part to divert routine inquiries and non-urgent community concerns from the 9-1-1 number which is reserved for emergency service only. A promotional website for 3-1-1 in Akron described the distinction as follows: "Burning building? Call 9-1-1. Burning Question? Call 3-1-1."[1]

Now, I'd guess among other issues that are totally #ed up with the NYPD response to this would have to be, is there in fact ANY sort of city ordinance that regulates calling 311? It's not an emergency number, so you can't charge for that, and it's not a residence, so you can't charge for harassment, a police officer or employee (on the job) is judicially barred from claiming disturbance of their peace, so what the hell can you arrest for, in the case of "311 abuse"?

My guess is that some dimwitted jackass arrested her for "311 abuse", got her to the station, and then discovered there isn't any way to charge for that. So they tried to make it didn't happen. Having been caught at it, they're now circling the union wagons and trying to figuratively sprinkle her with crack after the fact. Not that they have to worry, NYCPBA is there to make it all better, I'm sure, and if not, well, the complaint to discipline rate for NYPD IAB is in the noise. She's more likely to win the lottery.

I am NOT a sue happy individual, but in her case, I'd gladly make an exception. And I particularly hopes she goes after the officer who threatened to put her in a psych ward personally!

Not all charges go to a prosecutor..

Most minor charges are filed with the court by the officer and prosecuted by the officer. The state prosecutors office will never even hear of them..


Examples

Traffic
Class "B" and "C" misdemeanors
Code Violations

ETC

originally posted by: semperfortis
Not all charges go to a prosecutor..

Most minor charges are filed with the court by the officer and prosecuted by the officer. The state prosecutors office will never even hear of them..


Examples

Traffic
Class "B" and "C" misdemeanors
Code Violations

ETC

Thank you. I appreciate that. I honestly didn't know, and I didn't want to say something and show ignorance.

2nd

a reply to: Anyafaj

No problem..

Most people don't completely understand the Criminal Justice System... Heck after 29 years in, I still learn things every day and I've even taught for years..





Edit to Add... Each state has different rules and regulations and I have only worked in 3 different states.. I do believe that what I posted is pretty much practice in every state.. Just a matter of limited prosecutors and in all reality officers make a LOT of minor arrests..

originally posted by: semperfortis
a reply to: Anyafaj

No problem..

Most people don't completely understand the Criminal Justice System... Heck after 29 years in, I still learn things every day and I've even taught for years..

Edit to Add... Each state has different rules and regulations and I have only worked in 3 different states.. I do believe that what I posted is pretty much practice in every state.. Just a matter of limited prosecutors and in all reality officers make a LOT of minor arrests..

When I was in High School business class I in the know on the law for most things. But we're talking a good 20 years ago. I'm lucky if I can remember my name most days! LOL (No seriously, I have a medical condition that results I memory problems. Really annoying too!) I joke to my daughter the reason we have driver's licenses is so when we forget our name, we can look at our picture and say, "Oh! That's who I am!"

How does this woman know they were dealers?

How do we know this woman is not a bit, loony?

Calling this many times sure has to mean something, don't you think?

I had a lady live near me some time back and she reminded me of this woman.

Some people simply have NO LIVES themselves and, therefor, have to "bother" other people the entire time.

Is it in any way possible it really is none of the ladies business what other people are doing in THEIR residence?


Perhaps police could have been a bit less hostile, I'll give her that, but when you deal (pun not intended!) with nutty people almost literally 24/7 I think I would get a little short tempered as well by a woman who has nothing better to do than play safety patrol.


Some day she could get stabbed by asking an ACTUAL dealer what they were up to, and it would seriously be a shame if police would then have an actual job to do rather than look for two people who gave a nasty response when the lady asked them if they were dealers.

originally posted by: Strawberry88
How does this woman know they were dealers?

How do we know this woman is not a bit, loony?

I'd actually guess that she is. A visit from social services might be in order.

An arresting and dragging down town and threatening to show her who's boss is not appropriate.

But if your favorite tool is a hammer, everything looks like a nail.

originally posted by: Bedlam

originally posted by: Strawberry88
How does this woman know they were dealers?

How do we know this woman is not a bit, loony?

I'd actually guess that she is. A visit from social services might be in order.

An arresting and dragging down town and threatening to show her who's boss is not appropriate.

But if your favorite tool is a hammer, everything looks like a nail.

EDIT: you can ignore the following! After rereading your post I realized I had taken it a bit wrong, apologies ahead, I really like your way with words but I think I tend to misread the point at times (non native english speaker)


Please don't put words in my mouth, I've been in a loony bin, for a complete day, until I said: I don't care what fixes me, but this is definitely not it. It was voluntarily, mind you, but still needed at the time.


Some things don't have an easy solution, but surely you won't deny there's no real need for "vigilant" elderly calling in every two people that meet because they suspect they are dealing?

Law enforcement would need an entire new branch just to deal with all the bored retired people.




It would boost the economy, sure, but I don't need police checking on my weekly because granny across the road called me in for not wearing the seatbelt as I left my driveway.