The NYPD said it will review an incident in which four plainclothes officers and a lieutenant handcuffed a postal worker who was out driving his mail truck.
The March 17 confrontation involving postal worker Glenn Grays was captured on cellphone videos that have been widely shared. The videos show the officers telling Grays to stop resisting even though he does not appear to be resisting.
Grays said at a news conference this week he was delivering mail in Brooklyn when an unmarked police car nearly hit his mail truck. He said he shouted at the driver, and the officers backed the police car up and demanded identification.
Grays told The New York Times that the driver told him, “I have the right of way because I’m law enforcement.” Read more – Read PEN’s original coverage of this story
Grays told The New York Times that the driver told him, “I have the right of way because I’m law enforcement.” Read more – Read PEN’s original coverage of this story
Carrier Handbook M-41
812 Safety Practices 812.1
812.2 Observe all traffic regulations prescribed by law. Rules applying to the public also apply to operators of postal vehicles.
M-41 Carrier Manual Section 822 – The carrier should have locked the doors, therefore no one should have had access to the mail in the truck unless they broke into the truck. When a carrier takes meal and is in a restaurant the mail is left in a locked truck and secured without the carrier watching it, similar to when mail is left unattended in a locked relay box for hours until it is picked up and delivered. It is the carriers responsibility to secure his vehicle when exiting it.
Not in proper uniform
Not wearing his identification
Engaging in controversies while on duty.
Not securing the postal vehicle.
The situation may have been defused if the carrier went to the truck to retrieve his identification when NYPD requested it and cleared a path for him to walk to the postal truck. Instead the carrier refused to comply. The USPS encourages their employees to cooperate with law enforcement. The carrier should have complied and then could have followed up later if he felt he was mistreated.
By federal law, which always supersedes state and local laws, all federal vehicles, including mail trucks, have the legal right of way over city and state emergency vehicles, including police and fire vehicles.
Ron – Thanks for posting. Please post a link to the federal law that covers what you’re claiming. I was told long ago by a postal inspector that postal vehicles have no more rights on our streets and roads than any other driver. In my opinion drivers of postal vehicles must give the right of way to police and fire vehicles and most especially medical units. Rick – PEN
Police officers can “legally” arrest an on duty postal employee, provided that the postal employee has committed a crime. If they make a “lawful” arrest, then they are protected against federal charges of Interfering with the delivery of the mail. HOWEVER, since this arrest was obviously trumped up, false charges, the officers are not legally protected from federal prosecution. Therefore, the U.S. Postal Inspectors can apply for a federal arrest warrant against these officers . I firmly believe that Inspectors should move forward with arrest warrants on all officers involved. Luckily, bystanders did not loot the unlocked, unattended mail delivery truck. That would have opened another whole can of worms.
NYPD had every right to approach the individual. He is not wearing an authorized USPS uniform nor is he wearing an authorized USPS identification. He also shouted at them when they passed him. A USPS employee on duty is supposed to avoid controversies while on duty. No uniform, no identification, and shouting at vehicles. NYPD had reason to follow up and request to see his identification.
18 U.S. Code § 1701 – Obstruction of mails generally
Whoever knowingly and willfully obstructs or retards the passage of the mail, or any carrier or conveyance carrying the mail, shall be fined under this title or imprisoned not more than six months, or both.
We still have not hear anything from the Service or OIG. Nothing is going to happen to this bullies.
Abuse of power.
I have high respect for law enforcement and the crap they put up with but the simple facts of this story point to abuse of power and the need for retraining or possible removal. Where is internal affairs and the OIG?
Look at the Gang midget police picking on the very person that probably delivers mail to their homes.
If I’m correct the Police do not have the right to apprehend a Postal worker if he hasn’t committed a crime, in this case they should have notified the postal inspectors first in order to properly secure the mail.
It happened in East New York, an area in Brooklyn of New York City. There was no probable cause as far as the evident presented from the video and the statements from the carrier. There was no resisting arrest which had shown from the video and audio. If there was no by stander with camera phone, this carrier would most likely be guilty as charged and lose his job.
The postal office should file charges against these guys for interfering with the mail.
I would like someone to tell me which state, or for that matter federal law that categorical states that law enforcement personel have the right of the way even when they are not dealing with an exigent situation. Cops need to understand that they should stick to probable cause and leave the laws to the judges and attorneys.