Federal judge throws out NYPD "stop-and-frisk" policy, places department under court supervision

[ProSense]

Federal judge throws out NYPD "stop-and-frisk" policy, places department under court supervision

by Christian Dem in NC

Within the last hour, a federal judge has ruled that the NYPD's controversial "stop-and-frisk" policy violates the Fourth Amendment. The judge went further, and placed the department under federal court supervision.

(In a decision issued on Monday, the judge, Shira A. Scheindlin, ruled that police officers have for years been systematically stopping innocent people in the street without any objective reason to suspect them of wrongdoing. Officers often frisked these people, usually young minority men, for weapons or searched their pockets for contraband, like drugs, before letting them go, according to the 195-page decision.

These stop-and-frisk episodes, which soared in number over the last decade as crime continued to decline, demonstrated a widespread disregard for the Fourth Amendment, which protects against unreasonable searches and seizures by the government, according to the ruling. It also found violations with the 14th Amendment.

To fix the constitutional violations, Judge Scheindlin of Federal District Court in Manhattan said she intended to designate an outside lawyer, Peter L. Zimroth, to monitor the Police Department’s compliance with the Constitution.

The decision to install Mr. Zimroth, a partner in the New York office of Arnold & Porter, LLP, and a former corporation counsel and prosecutor in the Manhattan district attorney’s office, will leave the department under a degree of judicial control that is certain to shape the policing strategies under the next mayor.

Scheindlin ruled that the NYPD frequently overstepped its authority to stop and investigate people acting suspiciously. In her view, the NYPD all too often stopped people for behavior that was completely innocent. The kicker for her was that 88 percent of those stopped were allowed to go free without even a ticket--an unacceptably high rate.

This story is still very much developing--hoping to have a look at the ruling soon.

<...>

http://www.dailykos.com/story/2013/08/12/1230628/-Federal-judge-throws-out-NYPD-stop-and-frisk-policy-places-department-under-court-supervision

Ruling: http://nysd.uscourts.gov/cases/show.php?db=special&id=317
Remedy: http://www.nysd.uscourts.gov/cases/show.php?db=special&id=316

[X_Digger]

1. I think the kossack is overreaching a bit

Stop and Frisk hasn't been thrown out, so far.

I'd be happy if it were, but I don't think it's there quite yet.

[ProSense]

2. The ruling basically flags the policy for change, but

Last edited Mon Aug 12, 2013, 12:56 PM - Edit history (1)

acknowledges that a number of other dependent policies have to be revised to comply. This is likely the basis for putting the department under supervision.

[X_Digger]

4. Agreed, and it will depend on how much power the 'oversight' person has.

If it's a 'making recommendations' position- I don't expect change very quickly.

[sabrina 1]

3. Good for the judge, but knowing the NYPD they will ignore it. Kelly believes he and Bloomberg

are Generals of their 'own army' so it will take a lot more than this to end those policies.

Still, it is a blow to the arrogant, swaggering morons who have engaged in the worst kind of bigotry for far too long and gotten away with it.

[kenny blankenship]

10. Hopefully this ends Obama's promotion of Kelly as "well qualified" to run Homeland Security

Unless by "well qualified" Obama actually means hostile to the Constitution and its Bill of Rights.

[sabrina 1]

11. Kelly is a thug. It's hard to believe anyone would consider him for anything. He runs one of the

most corrupt PDs in the country with several scandals brewing right now. He needs to be investigated himself, certainly not considered for any position in government.

Remember the last NYPD Chief appointed by Bush? He ended up in jail for fraud and corruption.

[indepat]

28. Has not the name of one of those "arrogant, swaggering morons" been mentioned as a possible

nominee for Secretary of DHS? Hopefully, these gentleman are not arrogant, swaggering morons or that Kelly's name quickly fades from the public arena.

[sabrina 1]

30. It has been mentioned. I am hoping it was merely a rumor.

[malaise]

5. Great news

Rec

[Logical]

6. A rec and a kick for prosense! This is great news! n-t

[Downtown Hound]

7. Good news. But gee ProSense, are you actually happy that a fascist policy got thrown out?

Thank God it didn't take a whistleblower to do this, or you'd be calling for their head.

[Igel]

13. Others are happy that the judicial is now the new executive.

Then again, that's been around for a while.

Separation of powers issue--one of those "necessary by any means" kinds of things. You know, the same reasoning Bloomberg and Giuliani used. It's a fine principle, as long as the right people do it, apparently.

Throw out the practice or limit it, but unless the judiciary likes contempt they shouldn't show contempt. Gives "contempt of court" a whole new range of meaning. Fortunately, this will probably be appealed and that portion overturned.

[WinkyDink]

15. Federal courts have always been able to make rulings based on the U.S. Constitution.

[lark]

16. Only if it were someone Obama had appointed.

If it were a Bush appointee, he'd be pilloried, Obama appointee, excused every single time. Don't ypu know, to her Obama is perfection incarnate, so obviously could never promote someone of questionable character or who is in favor of regressive policies.

[MineralMan]

26. Nice...you won't even cut ProSense a break for something

you agree with? How sad.

[Downtown Hound]

32. I thought it was funny myself

But to each their own. PorSense has gone on record saying Snowden should be jailed. I'll cut her a break when she cuts him one.

[Cha]

34. Too bad you pissed on your on post by throwing a stupid personal attack at ProSense.

[Downtown Hound]

36. I believe that is in the eye of the beholder. n/t

[ljm2002]

8. That is great!

And putting the department under supervision, better yet!

K&R

[MicaelS]

9. I'm sure Bloomberg will find a way to ignore this.

Either outright, or by taking it all the way to SCOTUS.

[oldhippie]

21. Bloomberg has already been on TV responding ....

... and said the Supreme Court has already approved his "stop and frisk" policy. I just saw it.

I don't see them stopping unless there is an injunction and some Federal Marshalls take some NY cops to jail.

[markpkessinger]

22. The judge has not ordered an end to the practice...

... See #20. She has ordered changes to the implementation of it, and has appointed a federal judicial monitor.

[X_Digger]

23. Yeah, NYPD has stretched Terry v. Ohio beyond all reasonableness.

It's one thing to be able to articulate a reasonable suspicion (rather than probable cause) to perform a Terry stop, it's quite another when your 'reasonable suspicion' is wrong 90% of the time, and your officers seem to be 'suspicious' of young non-white men disproportionately.

[The Link]

12. Rec.

[Scurrilous]

14. K & R

[Spirochete]

17. Is this judge related

to Judge Judy? That would be sort of bizarre.

Good call on her part, though.

[markpkessinger]

18. No, she is not related to Judge Judy...

. . . but she happens to be one of the best jurists on the Federal bench!

[Spirochete]

31. Just wondered

Same last name.

[woolldog]

27. lol

[CK_John]

19. A good first step but will be appealed.

[markpkessinger]

20. Good ruling, but the judge has not "thrown out" stop-and-frisk

From a front-page article in The New York Times:

The Supreme Court had long ago ruled that stop-and-frisks were constitutionally permissible under certain conditions, and Judge Scheindlin stressed that she was “not ordering an end to the practice.” But she said that changes were needed to ensure that the street stops were carried out in a manner that “protects the rights and liberties of all New Yorkers, while still providing much needed police protection.”

[X_Digger]

24. Here's another article about another S&F case ruled on by this judge..

http://www.slate.com/blogs/crime/2013/01/09/nypd_stop_and_frisk_a_ringing_defeat_for_stop_and_frisk_and_a_huge_win_for.html

[MineralMan]

25. Good ruling. About time, too. nt

[bravenak]

29. I'm happy about this.

Stop and frisk sounds like a sex act.

[Eleanors38]

33. Great news. We'll see if the arch-Prohibitionist will comply.

[Cha]

35. Ari Melber Tweets on Stop and Frisk ruling..

Ari Melber ✔ @AriMelber

By rejecting stop and frisk, the court rejects a blanket government presumption of suspicion towards minorities in NY.

3:55 AM - 12 Aug 2013
100 Retweets 20 favorites Reply

Ari Melber ✔ @AriMelber

"In 98.5% of the 2.3 million frisks, no weapon was found."
Judge reviews 8 years of data in #StopandFriskRuling

4:03 AM - 12 Aug 2013
137 Retweets 21 favorites ReplyRetweet

Ari Melber ✔ @AriMelber

Judge finds "blacks are likely targeted for stops based on" less "objectively" valid "suspicion than whites." #StopandFriskRuling

4:08 AM - 12 Aug 2013
92 Retweets 12 favorites ReplyRetweet

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