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After a false arrest or excessive force by police in New York, preserve phone videos and nearby surveillance footage, witness and officer information, photos of injuries and medical records as soon as possible. Footage from NYPD body-worn cameras can be requested through a Freedom of Information Law (FOIL) request.
A street stop in Bushwick, a call about a neighbor dispute in Greenpoint, someone taken in “to sort things out” outside a bar in Ridgewood. Most encounters with police end without incident. Sometimes, though, a person ends up in a cell with no legal basis, or walks away from a stop with injuries nothing could justify.
Cases like these often come down to one person’s word against the officers’. That is why what was recorded, written down and documented matters so much – and why speed matters, because a lot of evidence has a short shelf life. This guide covers which evidence counts in false arrest and excessive force cases and how to preserve it in New York.
False arrest vs. excessive force: what has to be shown
False arrest means police took away someone’s freedom without legal justification. These cases usually center on one question: did the officers, at the moment of the arrest, have enough reason to believe a crime had been committed – what lawyers call probable cause? What matters is what they knew and saw at the time, not what came out later.
Excessive force means force out of proportion to the situation. The circumstances are weighed: was the person resisting, threatening anyone or trying to flee, and did the force continue after the situation was under control? Taking down someone who was calm, blows after handcuffing or cuffs clamped too tight are the kinds of situations these cases are often about.
The two problems often go together, but they call for different evidence. In a false arrest claim, what happened before the arrest is key. In an excessive force claim, it is the encounter itself and the injuries. If criminal charges are pending, how that case unfolds and ends can affect the civil claim, so the two need to be looked at together.
Video: phones, surveillance cameras and body cams
In New York State, a person who is not under arrest or in custody has the right to record police activity and keep the recording and the device. That right comes from Civil Rights Law 79-p, known as the Right to Monitor Act. It does not extend to physically interfering with officers. Witness phone videos should be saved in their original form – no trimming, no filters – and backed up right away.
Surveillance cameras at stores, bodegas, laundromats and apartment buildings often record over themselves within days. Find out quickly where the cameras were and ask the owners to save footage from the specific time. A law firm can send a formal letter asking that the evidence be preserved.
NYPD officers wear body cameras. According to NYPD’s body-worn camera page, recordings are kept for 18 months, and footage of arrests and other significant incidents longer. You can request it under the Freedom of Information Law (FOIL), for example by writing to [email protected]; footage may be partly redacted. A 2025 audit by the New York City Comptroller found that NYPD missed the standard response time on most of these requests and often granted them only after an appeal – so file early and keep track of the deadlines.
Call and talk it through in Polish: 718-383-0100
Officer information and NYC’s Right to Know Act
Without names or shield numbers, it is hard to establish who took part in an encounter. New York City’s Right to Know Act has been in effect since October 19, 2018. Under it, officers in certain encounters identify themselves at the outset with their name, rank, command and shield number.
In specific situations – such as a search of a person, a car or a home – the officer is supposed to hand over a business card. The card tells you where to comment or complain and where to request body camera footage. You can always ask for one. Keep it with your other papers. The CCRB’s Right to Know Act page explains these requirements in detail.
The patrol car number, the exact time and place, and the precinct where the person was taken are also useful – for instance, the 94th Precinct covering Greenpoint or the 104th covering Maspeth and Ridgewood. An arrest or property voucher number and any desk appearance ticket, written down right away, help reconstruct what happened.
Injuries: medical records and photos
After an encounter involving force, go to an emergency room or a doctor as soon as possible – even if the injuries seem minor. Tell the doctor how they happened. An ER record made the same day is one of the strongest pieces of evidence in these cases.
Photograph injuries immediately and again over the following days, since bruising and swelling change over time. A visible date and an object next to the injury for scale help. Patients have the right to copies of their medical records, including follow-up visits, physical therapy and counseling.
The effects of an encounter like this are not only physical. Trouble sleeping, fear of leaving the house or recurring memories are worth raising with a doctor or therapist. Records of that treatment show how the incident affected daily life.
If the encounter led to time off work, lost shifts or travel costs for physical therapy, keep track as you go. Letters from an employer, pay stubs from before and after, and receipts help show the real financial impact, not just the injuries themselves.
How to prepare for your first conversation with The Stein Law Group
- A written account made right away. Date, time, place, the sequence of events and what was said. Notes made in the first days are more accurate than a story pieced together months later.
- All videos and photos. Original files from your phone and witnesses’ phones, plus a list of places where cameras may have been. Photos of injuries from the following days.
- Names and numbers. Officers’ names or shield numbers, the patrol car number, the precinct, and witnesses’ names and phone numbers.
- Arrest and court papers. The officer’s business card, vouchers, tickets, papers from any criminal case, and contact information for the attorney handling it.
- Medical records. ER records, test results, bills and work notes. They show the effects of the encounter and any lost earnings.
The Stein Law Group, with offices in Greenpoint and Maspeth, handles police misconduct cases in New York City – practice areas and contact details in the Polish Pages directory.
Mistakes that can hurt a case
The first mistake is struggling with officers in the hope of “clearing it up on the spot.” Resisting can make both the legal and the physical situation worse; the dispute is better fought later, with evidence in hand. The second is posting videos and emotional accounts on social media before a lawyer has seen them – the other side may use those posts.
The third mistake is deleting or editing recordings, and the fourth is giving statements about the incident without legal advice, especially while a criminal case is pending. A civil claim against the city also comes with short procedural deadlines; the firm has covered the difference between a CCRB complaint and a damages claim, and the notice of claim deadline, in a separate Poland.us article.
Frequently asked questions
Is it legal to record police in New York?
Yes, a person who is not under arrest or in custody may record police activity as long as they don’t physically interfere. This right comes from New York’s Civil Rights Law 79-p.
How long does NYPD keep body camera footage?
According to NYPD, generally 18 months, and longer for arrests and significant incidents. It is best to file a FOIL request as early as possible.
If my charges were dismissed, was the arrest automatically false?
Not automatically. A false arrest claim looks at whether police had grounds at the time of the arrest, and the dismissal is one part of that picture.
What if I don’t know the officers’ names?
The patrol car number, the precinct, the time and the place all help. Officers can often be identified from those details later on.
Cases against police take patience and well-gathered evidence. The sooner recordings and records are preserved, the easier it is to show what really happened.
Your first conversation with the firm’s team is always in Polish, and the consultation is free. Attorney Adam J. Stein, Esq. will look at the evidence you already have, what is missing and which steps may be available in your situation.
Talk to Attorney Adam J. Stein’s office: 718-383-0100
This article is for general information only and is not legal advice; reading it does not create an attorney–client relationship. Every case requires an individual assessment – please contact The Stein Law Group, PLLC about your situation. Attorney Advertising. Prior results do not guarantee a similar outcome.
