New York Has reinstated a law that prohibits police officers from compressing the suspect’s diaphragm.
On Thursday, the state’s Supreme Court of Appeals overturned a decision that found the law “unnecessarily vague.” Diaphragm law makes it a criminal offense to use a restraining order that restricts air or blood flow “in a way that compresses the diaphragm.”
The law was enacted to limit the physical restrictions that police officers use to detain someone with suffocation. The City Council passed legislation following the 2020 death of George Floyd.
Soon after the law was passed, the police unions filed lawsuits against the state. The unions claim the ban was too broad and would prevent officers from detaining suspects if necessary.
In its judgment on Thursday, the Appellate Division dismissed the claims. The panel reinsured policy and statutory guidelines.
“A trained police officer can tell when he is pressing on a person’s chest or back, around the diaphragm, the person is having trouble breathing, just as a driver should be able to tell when. The amount of alcohol he has consumed makes driving unsafe for him. Picking up, ”the panel said.
Patrick J. Lynch, president of the city’s largest police union, spoke out against the judge’s decision. He claimed that the verdict would prevent officers from carrying out their duties as the crime rate increases.
“Our city leaders need to understand that this ruling directly pushes us into our fight against the violence that is tearing our city apart,” Lynch said. “This unimaginable law makes it virtually impossible for police officers to safely and legally detain violent criminals. That’s the decent thing to do, and it should end there. “