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Tue Jan 8, 2013, 06:30 PM

Federal Judge Limits a Police Stop-and-Frisk Program in the Bronx

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Source: The New York Times

An element of the New York Police Department’s stop-and-frisk practice was deemed unconstitutional by a federal judge on Tuesday, a ruling that may have broad implications on the city’s widespread use of police stops as a crime-fighting tactic.

The decision, the first federal ruling to find that the practice under the Bloomberg administration violates the Fourth Amendment protection against unreasonable search and seizure, focused on police stops conducted in front of several thousand private residential buildings in the Bronx enrolled in the Trespass Affidavit Program. Under that program, property managers have asked the police to patrol their buildings and to arrest trespassers.

< . . . . >

Much of her criticism in the ruling is directed at the training the Police Department provides officers, which she suggests sidesteps the Fourth Amendment. The evidence in this case, Judge Scheindlin found, “strengthens the conclusion that the N.Y.P.D.’s inaccurate training has taught officers the following lesson: stop and question first, develop reasonable suspicion later.”

< . . . . >

The fact that a person was merely seen entering or leaving a building was not enough to permit the police to stop someone, “even if the building is located in a high-crime area, and regardless of the time of day,” the judge ruled. Nor was it enough for an officer to conduct a stop simply because the officer had observed the person move furtively, Judge Scheindlin said.

< . . . . >

Read more: http://www.nytimes.com/2013/01/09/nyregion/judge-limits-nypd-stop-and-frisk-program-in-bronx.html?_r=0



Excellent news!

7 replies, 1178 views

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Reply Federal Judge Limits a Police Stop-and-Frisk Program in the Bronx (Original post)
markpkessinger Jan 2013 OP
markpkessinger Jan 2013 #1
dipsydoodle Jan 2013 #2
Purveyor Jan 2013 #5
Fire Walk With Me Jan 2013 #3
Gothmog Jan 2013 #4
markpkessinger Jan 2013 #6
Kaleva Jan 2013 #7

Response to markpkessinger (Original post)

Tue Jan 8, 2013, 06:36 PM

1. The even better news . . .

. . . is that the same judge, Judge Schira A. Scheindlin, is hearing two other current cases involving the stop-and-frisk program.

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Response to markpkessinger (Original post)

Tue Jan 8, 2013, 06:48 PM

2. Duplicate LBN from 7 hours ago.

.

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Response to dipsydoodle (Reply #2)

Tue Jan 8, 2013, 06:53 PM

5. Oh dipsy, dipsy, dipsy...picky, picky picky! LOL

Just poking fun your way! It's all good...

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Response to markpkessinger (Original post)

Tue Jan 8, 2013, 06:51 PM

3. K&R!

 

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Response to markpkessinger (Original post)

Tue Jan 8, 2013, 06:53 PM

4. This is good news

I have never understood how this practice was constitutional

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Response to markpkessinger (Original post)

Tue Jan 8, 2013, 07:18 PM

6. Here's a link to the judge's ruling...

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Response to markpkessinger (Original post)

Tue Jan 8, 2013, 09:42 PM

7. Locking

Duplicate. Please continue discussion here:

http://www.democraticunderground.com/1014360505

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