US Federal Judge strikes down NYC 'stop and frisk' as unconstitutional

[David H. Lipman]

'Stop and frisk' police tactic violated constitutional rights, federal judge says
 

Federal court strikes down New York's stop-and-frisk policy

 

 

U.S. District Court Judge Shira Scheindlin said she was not putting an end to the policy, but rather was reforming it. She did not give specifics on how that would work but instead named an independent monitor who would develop reforms to policies, training, supervision, monitoring and discipline.

 

"The city's highest officials have turned a blind eye to the evidence that officers are conducting stops in a racially discriminatory manner," she 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."

 

For years, police brass had been warned that officers were violating rights, but they nevertheless maintained and escalated "policies and practices that predictably resulted in even more widespread Fourth Amendment violations," Scheindlin wrote in a lengthy opinion.

She also cited violations of the Fourth Amendment protection against unreasonable search and seizure.

 

"Far too many people in New York City have been deprived of this basic freedom far too often," she said. "The NYPD's practice of making stops that lack individualized reasonable suspicion has been so pervasive and persistent as to become not only a part of the NYPD's standard operating procedure, but a fact of daily life in some New York City neighborhoods."

 

 

Note:  Judge Shira Scheindlin; no relation to TV personality Judge Judith Sheindlin (retired)

[GT500]

It violates the Constitution, but they aren't getting rid of it?

I'd say I'm glad I never go to New York, but the reason I never go there is that I can't carry my .45 there...

[Firefox]

yeah if I can't have my concealed hand gun, then no point in going.....

[David H. Lipman]

GT500:

 

Good question.  I'm glad you asked.

 

Stopping and frisking a "suspect" is legal.  However the Federal Judge wrote...

 

 

To stop someone the police need more than an “unparticularized suspicion or hunch.” And to proceed to a frisk, the officer must reasonably suspect that the person is armed and dangerous.

 

The NYC Police exceeded their authority as she cited their actions were "violations of the Fourth Amendment protection against unreasonable search and seizure."

[GT500]

Since when did any sort of search without a warrant become legal?

As far as I am concerned, all searches without a warrant are illegal, and warrants should not be issued without an eye witness testimony.

yeah if I can't have my concealed hand gun, then no point in going.....

Personally, I open carry, and I don't do it simply for self-defense. I open carry partially to exercise the right while I still have it, and partially so that people can see a citizen safely carrying a gun in the open.

[mountaintree16]

New York is being lost as a state, so sad

[David H. Lipman]

New York is being lost as a state, so sad

 

How so ? 

[mountaintree16]

All the crazy crap happening there.

[CWB]

hmmm ...

i remember when "stop and frisk" was on my mind a lot ...

now it is "move along , nothing to see here ..." .

[mountaintree16]