City Challenged on Fingerprinting Protesters
By DIANE CARDWELL
NY Times
Published: October 5, 2004

(New York City): Since coming under fire for their handling of protesters arrested during the Republican convention, Bloomberg administration officials have said that sluggish fingerprint processing in Albany was a major cause of the long delays in releasing detainees, although state officials have denied any tardiness.

Now it looks as if much of the fingerprinting may not have been legal in the first place. According to lawyers at the New York Civil Liberties Union, the city may have violated state law by routinely fingerprinting arrested protesters.

In a letter sent yesterday to Police Commissioner Raymond W. Kelly, officials of the organization wrote that although the law allowed the police to fingerprint people charged with minor offenses in certain circumstances, "this could not justify the routine fingerprinting of the nearly 1,500 people reportedly arrested during the convention for minor offenses."

The officials, Donna Lieberman and Christopher Dunn, the group's executive director and associate legal director respectively, wrote that state criminal-procedure law defined narrow circumstances for fingerprinting when the offenses are minor. Those circumstances are when the police cannot establish the person's identity, when they suspect that the identification supplied is not accurate, or when they suspect that there is an outstanding warrant.

Legal questions about the fingerprinting policy have come up before. At a hearing in September over the city's treatment of arrested protesters, Justice John Cataldo of State Supreme Court in Manhattan noted that the city could have dispensed with the fingerprinting entirely as most of the offenses were so minor that state law did not require it.

Ms. Lieberman and Mr. Dunn also wrote that they found the "blanket fingerprinting" of people arrested at demonstrations troubling because "the entry of fingerprints into law enforcement databases can have lifelong consequences."