comix courtesy of Katya Komisaruk and the Just Cause Law Collective
While you are at the precinct you may be:
What is a Desk Appearance Ticket?
Once you are arrested, if you are released with a Desk Appearance Ticket before you see a judge, that doesn't mean you are off the hook. You still have to appear in front of a judge on the date listed on the DAT to answer the charges against you. If you don't show up on at the date and time on the DAT, a bench warrant will be issued for you, which means that if you are stopped with police you will be brought to court to answer the charge.
Who can get a DAT?
DATs are available if you are charged with a minor offense (violation, misdemeanor or Class "E" felony), don't have any outstanding warrants, and can verify your address. Once you are detained at the precinct you can always ask for a DAT. If you are told you are not eligible for one, ask why.
Once you are under arrest, the cops can search you on the street or at the precinct or both to find weapons, evidence, or contraband. At that point, they can go into your pockets, and ask you to remove your jacket, cap, wig, and shoes.
Police are NEVER allowed to search you to assign you a gender. You can ask for an officer of your gender to conduct a frisk or a pat down, although this is not your right.
If you feel like a search is not justified, DO NOT PHYSICALLY RESIST. Calmly say, "I do not consent to this search" loudly enough so that people around you can hear. This can help if the cops try to use anything found on you against you in court.
The police can only strip search you if they have reason to believe that you are concealing weapons, evidence, or contraband. The police are NEVER allowed to search you just to view your chest or genitals so that they can assign you a gender. If this happens calmly but firmly say I DO NOT CONSENT TO THIS SEARCH. Remember the names, faces, badge numbers and other identifying information of any officer who searches you to determine your gender or where to put you in police custody.If you are strip searched, it should be in a private room with a supervisor present. Strip searches should be conducted by officers of the same gender - but police may not respect your gender identity when they decide who should search you. You can still request that you be searched by an officer of a particular gender.
When you are let out through the back door of the precinct or central bookings there may still be charges against you. Be sure to carefully read any paperwork you are given to see if you are supposed to appear in court to answer charges at a later date - if you are not sure, contact the Legal Aid office for the borough where you were arrested to see if there is a pending case against you!
AUDIO: Medical treatment at Central Booking.