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xchrom

(108,903 posts)
Tue Aug 13, 2013, 07:28 AM Aug 2013

An End to NYPD's Racist Stop-and-Frisk? What You Need to Know About the Landmark Ruling

http://www.alternet.org/civil-liberties/end-nypds-racist-stop-and-frisk-what-you-need-know-about-landmark-ruling



On Monday, a decade-long battle to curb the New York Police Department’s racial profiling of young, black and Latino men reached a historic turning point. Federal judge Shira Scheindlin ruled that New York City has routinely and systematically violated the Constitution by unlawfully stopping, and often frisking, young men of color.

Scheindlin’s striking decision in the class action lawsuit, Floyd v. City of New York, delivers a severe blow to the racially discriminatory policies of Mayor Michael Bloomberg and NYPD Commissioner Ray Kelly, whose police practices have led to humiliation and harassment in New York communities.

Scheindlin's 195-page decision explained that the NYPD's practice of stopping, questioning and frisking young black and Latino men violates 4th Amendment law mandating reasonable suspicion for a search. Rather than targeting individuals in the process of committing a crime, the NYPD targeted all young black and Latino men in their jurisdiction. The city, Scheindlin said, “adopted a policy of indirect racial profiling by targeting racially defined groups for stops based on local crime suspect data.” The policy violated not only the 4th Amendment rights of New Yorkers, but their 14th Amendment protections as well.

The ruling does not deem stop-and-frisk unlawful as a police tool (in fact, it's used in police departments everywhere) but acknowledges that its enforcement has not been in line with Supreme Court decisions outlining the tactic's legal use.
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