Judge rules NYPD 'stop-and-frisk' policy unconstitutional

Posted on August 12th, 2013 by Global Ganja Report and tagged , , , .

New York CityA judge for the US District Court for the Southern District of New York ruled Aug. 12 that the New York Police Department (NYPD) stop-and-frisk policy violates the Fourth and Fourteenth Amendments. Over the past decade, the city has conducted about 5 million stop-and-frisks, with more than 80% of those targeted Black or Latino. Judge Shira Scheindlin noted: "A lot of people are being frisked or searched on suspicion of having a gun and nobody has a gun. Only 0.14 percent of stops have led to police finding guns. So the point is suspicion turns out to be wrong in most cases." Scheindlin said she was not putting an end to the policy, but would name an independent monitor to help develop reforms to the practice. She also ordered that officers test out body-worn cameras in precincts where most stops occurred. 

"The city's highest officials have turned a blind eye to the evidence that officers are conducting stops in a racially discriminatory manner,"  Scheindlin  wrote. "In their zeal to defend a policy that they believe to be effective, they have willfully ignored overwhelming proof that the policy of targeting 'the right people' is racially discriminatory."

At a press conference after the ruling, Mayor Michael Bloomberg vowed to appeal. "We didn't believe that we were getting a fair trial," he said. "And this decision confirms that suspicion." NYPD Commissioner Raymond Kelly said the notion that the police department engages in racial profiling is "recklessly untrue." (AP, Jurist, Aug. 12)




NYC passes law on stop-and-frisk

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New York's City Council on Aug. 22 voted to create an NYPD Inspector General, and to enact a bill that giving citizens more options to sue the NYPD if they feel they’ve been racially profiled. Both bills passed by margins wide enough to overrule Mayor Michael Bloomberg’s vetoes. The mayor and Police Commissioner Ray Kelly strongly oppose the measures. (Daily News)

Comment by Global Ganja Report on Aug 25th, 2013 at 4:23 am

Bloomberg files suit over new stop-and-frisk legislation

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 New York City Mayor Michael Bloomberg filed suit Sept. 4 against the New York City Council in an effort to overturn recently-enacted legislation relating to the NYPD stop-and-frisk program. The legislation at issue, Local Law 71 of 2013, is a bill that expands the definition of racial profiling and gives New Yorkers who believe they were targeted the right to sue police in state court. In the complaint, the mayor's office claims that Local Law 71 is preempted by the state's criminal code. The City Council passed the bill last month, overriding Bloomberg's veto. (Jurist, Sept. 4)

Comment by Global Ganja Report on Sep 9th, 2013 at 12:24 am

Stop-and-frisk decision stayed by appeals court

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The Second Circuit Court of Appeals on Oct. 31 blocked a judge's order requiring changes to the New York Police Department's stop-and-frisk program—and removed the judge from the case. The Second Circuit said Judge Shira Scheindlin's decisions will be stayed pending the outcome of an appeal by the city. The appeals court also found Scheindlin violated the Code of Conduct for US judges by creating "an appearance of partiality" through her actions in the courtroom and through a series of media appearances. The case will now proceed under a new judge, with oral arguments set to commence in March of 2014. (The Verge, AP, Oct. 31)

New York City Police Commissioner Ray Kelly was heckled off the stage at Brown University on Oct. 29 by critics angry over the NYPD’s stop-and-frisk policy. (Fox News, Oct. 30)

Comment by Global Ganja Report on Oct 31st, 2013 at 4:19 pm

Bloomberg appeals stop-and-frisk ruling

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 New York City Mayor Michael Bloomberg on Nov. 9 asked the US Court of Appeals for the Second Circuit to vacate the decisions of US District Court Judge Shira Scheindlin, who ordered sweeping changes to the New York Police Department (NYPD) stop-and-frisk program. It is speculated that Bloomberg seeks to ensure that Scheindlin's changes to the program are permanently prevented before he leaves office. Mayor-elect Bill de Blasio has indicated that he would drop the city's appeal when he takes office in January, allowing Scheindlin's changes to come into effect. (Jurist, Nov. 11)

Comment by Global Ganja Report on Nov 11th, 2013 at 12:00 am

Appeals Court lets stand stop-and-frisk ruling

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The 2nd US Circuit Court of Appeals on Nov. 22 refused to toss out court rulings finding that New York City carried out its police stop-and-frisk policy in a discriminatory manner. The city had argued that the panel's decision to remove federal Judge Shira Scheindlin meant it should also nullify her rulings. The appeals court's action appears to spoil the city's bid to get Scheindlin's rulings tossed before a new mayor sympathetic to her viewpoint takes office in January. (AP)

Comment by Global Ganja Report on Nov 22nd, 2013 at 9:09 pm

Stop-and-frisk and NYC murder rate

Bill Weinberg's picture

 A Dec. 30 Huffington Post story, "New York City Murder Rate In 2013 Reaches Historic Low," reports that 333 people were murdered in the city in 2013, a 20% drop from the previous year's record low of 417 murders. It also notes: "2013's historically low murder rate coincided with a 60 percent drop in police stops." So maybe, contrary to Ray Kelly's all-too-conventional "wisdom," the activist camapign against stop-and-frisk saved lives...

Comment by Bill Weinberg on Jan 3rd, 2014 at 5:43 am

De Blasio drops stop-and-frisk appeal

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New York's newly elected Mayor Bill de Blasio, who campaigned on a promise to “end the era of stop-and-frisk policing,” on Jan. 30 announced a deal to drop the city’s appeal of a court ruling that found the NYPD’s use of the tactic violated constitutional rights.

Under the proposed settlement, the city will accept the remedies ordered by Judge Shira Scheindlin in her Aug.12 decision, including appointment of an outside a monitor to oversee reforms. (Daily News)

Comment by Global Ganja Report on Jan 31st, 2014 at 9:11 pm

NYC police unions to pursue stop-and-frisk appeal

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On Feb. 7, a group of police unions filed a motion to block Mayor Bill de Blasio's proposed settlement and removal of former mayor Michael Bloomberg's appeal of the stop and frisk policy. The motion was filed in the US Court of Appeals for the Second Circuit in response to de Blasio's recent decision to drop the city's appeal. Police Commissioner William Bratton supported de Blasio's decision to drop the appeal. The unions claim the settlement shed a negative light on police officers by declaring their policy unconstitutional and requiring an oversight panel over the police departments. Even though the city is withdrawing their appeal, the unions argue that the appeals court ruling should still be reviewed. (Jurist, Feb. 8)

Comment by Global Ganja Report on Feb 8th, 2014 at 9:07 pm

De Blasio formally drops stop-and-frisk appeal

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New York City on Wednesday formally dropped (PDF) the city's appeal of rulings in lawsuits involving the New York Police Department's (NYPD) use of stop-and-frisk tactics. Mayor Bill De Blasio's administration agreed to end the lawsuit against the NYPD after reaching a settlement requiring three years of NYPD oversight by a court-appointed monitor. The city filed a motion to withdraw its appeal in the US Court of Appeals for the 2nd Circuit. (Jurist, Aug. 7)

Comment by Global Ganja Report on Aug 7th, 2014 at 3:11 pm

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