SDNY Judge rules that NYPD "Stop and Frisk" Violates Fourth and Fourteenth Amendment

Discussion in 'Too Hot for Swamp Gas' started by GatorBen, Aug 12, 2013.

  1. GatorBen
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    GatorBen Well-Known Member

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    In a 198 page opinion federal judge Shira Scheindlin ruled that NYPD's stop and frisk policy violates the Fourth Amendment's prohibition on unreasonable search and seizure, and that it violates Fourteenth Amendment equal protection through both an intentionally discriminatory application of a facially neutral policy and because of use of forbidden express classifications.

    The city and police department were found liable for the violations because of their "deliberate indifference" and "willful blindness" to the constitutional violations commited by NYPD officers enforcing the policy.

    A number of remedies are being ordered, including a number of immediate changes to the stop and frisk policy, a joint-remedial process to consider further reforms, and the appointment of an independent monitor to ensure that the city complies with the remedies ordered.

    http://project.wnyc.org/documents/dc.html?doc=750413-floyd-v-city-of-ny-liability
  2. MichiGator2002
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    MichiGator2002 VIP Member

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    The appeals will be fun.
  3. OaktownGator
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    OaktownGator Well-Known Member

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    [​IMG]
  4. GatorBen
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    GatorBen Well-Known Member

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    The appeals from this will be a huge mess. Essentially whether the 140-something pages of factual findings in Scheindlin's opinion place NYPD's stop and frisk within the window of where stop and frisk type programs are acceptable or not (and rearguing what that many factual findings mean is not any fun at all).

    I think of note is that she doesn't rule that a stop and frisk program is per se unconstitutional or require the program to be stopped altogether, it largely hinges on the fact that she made findings that, by design, the NYPD program targets black and hispanic youth and in practice requires a much lower threshold of suspicion before black or hispanic individuals are subjected to stop and frisk than it does white individuals.
  5. MichiGator2002
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    MichiGator2002 VIP Member

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    Probably no shortage of fist bumps on Riker's Island or in the major state prisons. Just saying, there is a heavy dose of "pyrrhic" attached to this victory.
  6. OaktownGator
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    OaktownGator Well-Known Member

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    I'll take a heavy dose of respecting rights, for $500, Alex. :joecool:
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  7. g8rjd
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    g8rjd Well-Known Member

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    I hate reading in Scribe. I'll wait for the Westlaw version :)
  8. GatorBen
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    GatorBen Well-Known Member

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    Ha.

    Can't find a Lexis or Westlaw cite for it yet (tomorrow I guess) but the original pdf is here: http://ccrjustice.org/files/Floyd-Liability-Opinion-8-12-13.pdf

    Remedy order is here: http://ccrjustice.org/files/Floyd-Remedy-Opinion-8-12-13.pdf

    Of particular note from the remedies order:

  9. HudsonGator
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    HudsonGator New Member

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    "The choice is not between order and liberty. It is between liberty with order and anarchy without either. There is danger that, if the court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact." Associate Justice Robert Jackson
  10. neisgator
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    neisgator Belligerent Gator

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    Agreed. So sick of cops. Except GatorCop. He is a good guy.
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  11. dadx4
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    dadx4 Well-Known Member

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    Yep, when this first broke I said they couldn't do this.
  12. GolphinGator
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    The scary part is they did do it and have been for a long time now. Bloomberg is a huge danger to the American way of life. If people roll over and give up their freedoms so that this guy can protect then they will pay with loss of freedom.

    In my opinion the people of NY city have already surrendered their freedom. I don't care as I would never live there anyway. But, that said don't move your retired ass down to the Villages to play golf and try to turn Florida into NY with your frikkin rules. And move over to the right lane!
  13. asuragator
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    NYPD has been doing stop and frisk since the 90s under Giuliani and Bill Bratton. This is a continuation of it for which Bloomy is defending the indefensible.

    In fact, in 1999, then NYAG Elliot Spitzer commissioned a study of the NYPD's practices because of the rampant abuse and racially biased implementation. Later criminologist studies went even further in confirming this bias.
  14. gator996
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    gator996 New Member

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    Stop & Frisk Violates the 4th Ammendment

    Mr. Nicholas Peart, 24, who began caring for his three siblings after their mother died of cancer two years ago, has been stopped & frisked (racially profiled) multiple times by the NYPD

    He is one of the few NYC residents who actually testified in person in the Floyd v. City of New York. case.


    [​IMG]



    http://www.nytimes.com/2011/12/18/opinion/sunday/young-black-and-frisked-by-the-nypd.html?_r=0

    Why Is the N.Y.P.D. After Me?
    By NICHOLAS K. PEART

    Published: December 17, 2011

    When I was 14, my mother told me not to panic if a police officer stopped me. And she cautioned me to carry ID and never run away from the police or I could be shot. In the nine years since my mother gave me this advice, I have had numerous occasions to consider her wisdom.

    One evening in August of 2006, I was celebrating my 18th birthday with my cousin and a friend. We were staying at my sister’s house on 96th Street and Amsterdam Avenue in Manhattan and decided to walk to a nearby place and get some burgers. It was closed so we sat on benches in the median strip that runs down the middle of Broadway. We were talking, watching the night go by, enjoying the evening when suddenly, and out of nowhere, squad cars surrounded us. A policeman yelled from the window, “Get on the ground!”

    I was stunned. And I was scared. Then I was on the ground — with a gun pointed at me. I couldn’t see what was happening but I could feel a policeman’s hand reach into my pocket and remove my wallet. Apparently he looked through and found the ID I kept there. “Happy Birthday,” he said sarcastically. The officers questioned my cousin and friend, asked what they were doing in town, and then said goodnight and left us on the sidewalk.

    Less than two years later, in the spring of 2008, N.Y.P.D. officers stopped and frisked me, again. And for no apparent reason. This time I was leaving my grandmother’s home in Flatbush, Brooklyn; a squad car passed me as I walked down East 49th Street to the bus stop. The car backed up. Three officers jumped out. Not again. The officers ordered me to stand, hands against a garage door, fished my wallet out of my pocket and looked at my ID. Then they let me go.

    I was stopped again in September of 2010. This time I was just walking home from the gym. It was the same routine: I was stopped, frisked, searched, ID’d and let go.

    These experiences changed the way I felt about the police. After the third incident I worried when police cars drove by; I was afraid I would be stopped and searched or that something worse would happen. I dress better if I go downtown. I don’t hang out with friends outside my neighborhood in Harlem as much as I used to. Essentially, I incorporated into my daily life the sense that I might find myself up against a wall or on the ground with an officer’s gun at my head. For a black man in his 20s like me, it’s just a fact of life in New York.


    David Floyd - The lead plantiff in the case against the City of New York

    [​IMG]
  15. gator996
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    gator996 New Member

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    http://www.nytimes.com/2013/08/13/nyregion/stop-and-frisk-practice-violated-rights-judge-rules.html?pagewanted=all



    Judge Rejects New York’s Stop-and-Frisk Policy

    A federal judge ruled on Monday that the stop-and-frisk tactics of the New York Police Department violated the constitutional rights of minorities in the city, repudiating a major element in the Bloomberg administration’s crime-fighting legacy.

    The use of police stops has been widely cited by city officials as a linchpin of New York’s success story in seeing murders and major crimes fall to historic lows. The police say the practice has saved the lives of thousands of young black and Hispanic men by removing thousands of guns from the streets.

    But the judge, Shira A. Scheindlin, found that the Police Department resorted to a “policy of indirect racial profiling” as it increased the number of stops in minority communities. That has led to officers’ routinely stopping “blacks and Hispanics who would not have been stopped if they were white.”

    The judge called for a federal monitor to oversee broad reforms, including the use of body-worn cameras for some patrol officers, though she was “not ordering an end to the practice of stop-and-frisk.”

    In her 195-page decision, Judge Scheindlin concluded that the stops, 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, as well as the 14th Amendment’s equal protection clause.
  16. LittleBlueLW
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    LittleBlueLW Well-Known Member

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    Good for her. Bloomburg was less than pleased in his interview.

    If the practice is stopped and murders climb again I wonder what will be done.
  17. gator996
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    gator996 New Member

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    Actually stops were reduced from 600,000 to 400,000 while murders continued to decline.

    There has been no correlation between stop and frisk (racial profiling) and a reduction in crime.

    NYC had a bigger drop in murder prior to Bloomberg becoming mayor than since he implemented the program.

    Cities around the country that have NOT instituted the program are having larger drops in murder rates than NYC.
  18. g8orbill
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    g8orbill Gators VIP Member

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    I think this practice is a huge violation of people's civil rights and fail to understand why anyone would support it- I would be both apprehensive and pissed if it were to happen to me
  19. LittleBlueLW
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    LittleBlueLW Well-Known Member

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    That is good news. Wonder why Bloomberg was so defensive of the policy. Purely so he can claim a political victory?
  20. icequeen
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    icequeen Well-Known Member

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    People always think things like this are okay and for the greater good...until it happens to them or someone close to them. Then they see their point.

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