Stop and Frisk Law: NYC Policy Ruled Unconstitutional by Judge, NYPD & Bloomberg Object
Chances are if you're a minority who has lived in New York City for any reasonable length of time, either you or someone you know has been targeted by the NYPD's "stop and frisk" program. Now, one judge has ruled that such a policy is unconstitutional.
For at least a decade, the NYPD has consciously engaged in the act of stopping, and often frisking, anyone they believe looks suspicious. They do not need a warrant, nor a cause, but simply reasonable suspicion. In her ruling Tuesday, U.S. District Court Judge Shira Scheindlin decided to do her part in putting a stop to the practice.
"They have received both actual and constructive notice since at least 1999 of widespread Fourth Amendment violations occurring as a result of the NYPD's stop and frisk practices," the judge wrote in her 195-page ruling. "Despite this notice, they deliberately maintained and even escalated policies and practices that predictably resulted in even more widespread Fourth Amendment violations."
What has been perhaps most controversial during the lifes of "stop and frisk" is the fact that the overwhelming majority of those targeted by the policy have been either black or Hispanic. The court case included the testimony of twelve people, all of whom believed they were singled out solely because of the color of their skin.
"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 and therefore violates the United States Constitution."
The policy has long been panned by citizens for its brazen disregard for the Fourth Amendment's right to protection from unreasonable searches and seizures. Scheindlin said that she believed upwards of 200,000 stops were made without reasonable suspicion under the "stop and frisk" policy.
Though many people were excited to hear the judge's ruling today, not everyone was so enthusiastic. New York City Mayor Michael Bloomberg was one of the policy's chief backers, and he has already said he will appeal the ruling. For him, it's a matter of public safety, not personal liberty.
"Our policies have made New York City the safest big city in America," said Bloomberg. "Murders are 50 percent below the level they were 12 years ago when we came into office. ... Stop-and-frisk is an important part of that success. It has taken some 8,000 guns off the streets."
Scheindlin has stated that she wants to see massive reforms to the program, one of which will be to install cameras on patrolling officers to hold them accountable for their actions. She will also appoint Peter L. Zimroth, a partner in the New York office of Arnold & Porter, to monitor the NYPD's practices. This past March, the NYPD logged its 5 millionth instance of stop and frisk.