Open Thread: Stop and Frisk Ruled Unconstitutional

South Asians protest against Stop and Frisk, via HuffingtonPost.com

The New York Police Department deliberately violated the civil right of tens of thousands of New Yorkers with its contentious stop-and-frisk policy, and an independent monitor is needed to oversee major changes, a federal judge ruled Monday in a stinging rebuke for what the mayor and police commissioner have defended as a life-saving, crime-fighting tool.

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 yet on how that would work but instead named an independent monitor who would develop an initial set of reforms to the 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.”

Police brass received warnings since at least 1999 that officers were violating rights, she said. “Despite this notice, they deliberately maintained and even escalated policies and practices that predictably resulted in even more widespread Fourth Amendment violations,” she 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.”
The Associated Press; August 12, 2013

 

  • Sivi_Volk

    So what penalties will the NYPD face? It’s great that the policy has been declared unconstitutional, but too often it seems that there’s no disincentive for the violator to not commit further violations.