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Federal Judge Rules Against Stop And Frisk

January 10, 2013 by  

Federal Judge Rules Against Stop And Frisk
PHOTOS.COM

A Federal Court in New York City ruled this week that the New York Police Department must cease its practice of stopping and frisking innocent people in public areas outside thousands of private apartment buildings in the Bronx through its controversial stop-and-frisk policy.

Judge Shira A. Scheindlin barred NYPD’s enforcement of Operation Clean Halls, a New York City program within the Police Department’s stop-and-frisk policy that allows police officers to patrol in and around certain private apartment buildings stopping residents at random. Scheindlin said that NYPD officials know, or should have known, that the stops are unConstitutional.

“The evidence of numerous unlawful stops at the hearing strengthens the conclusion that the NYPD’s inaccurate training has taught officers the following lesson: stop and question first, develop reasonable suspicion later,” she wrote in her decision.

The ruling, civil rights advocates say, is a major step in entirely dismantling NYPD’s unConstitutional stop-and-frisk policy.

“Today’s decision is a major step toward dismantling the NYPD’s stop-and-frisk regime,” said NYCLU executive director Donna Lieberman in a statement. “Operation Clean Halls has placed New Yorkers, mostly black and Latino, under siege in their own homes in thousands of apartment buildings. This aggressive assault on people’s constitutional rights must be stopped.”

This is the first time a Federal court has ruled against the intrusive stop-and-frisk policies of the NYPD.

Sam Rolley

Staff writer Sam Rolley began a career in journalism working for a small town newspaper while seeking a B.A. in English. After learning about many of the biases present in most modern newsrooms, Rolley became determined to find a position in journalism that would allow him to combat the unsavory image that the news industry has gained. He is dedicated to seeking the truth and exposing the lies disseminated by the mainstream media at the behest of their corporate masters, special interest groups and information gatekeepers.

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  • czman75

    And this will stop them how?…

    • Robert Smith

      Can the same thing be done to the TSA?

      Rob

      • SM

        First steps are good. Now lets go to the second step. Finding federal judges who are pro-constitution will make the difference in future cases. I am surprised that there has not been a registry of judges who are pro-constitution so that cases like this can be filed in those courts..

    • Raul Solis

      People will be able to sue ,in the same court, for violations of your constitutional rights for millions of dollars now if they do it.

  • ibcamn

    Well,usually i’m the first one to complain about the police(being a biker).i myself have never had a encounter with the N.Y.P.D. that was bad!i go to N.Y. here and there,(friends Al & Polly)to visit or for the 9-11 memorial run,i went on that first run in 2002 with 490 other bikers and didn’t have one problem.i have heard hundreds of complaints though..my friend worked with the(NY) transit dept. and his wife the aquarium(NY zoo) and i went on that first run with mostly firemen and policemen(Harley Davidson had a line of motorcycles specific to those fields after 9-11)and it was a organized run,so did that have something to do with my lack of being hassled? i’m thinking yes!i could tell you the story of that run and what we did and got away with, my other friend(Mike) is from NY,was raised in NY, and he has nothing but contempt for the N.Y.P.D.!`so i’m thinking the police in NY have bias and maybe contempt for people unlike them!for once i can’t say first hand,but the evidence is there that they do what they want, when they want…and by their rules!

    • Bob

      Don’t you just love the mayor know it all you would think jews would be freedom fighters after the holocaust, but they just want to take our rights away and even tell us what we can eat. New York more than sucks I could never live in a police stat like that!

      • Jimmy The Greek

        BOB you know us GOYIM are going to be slaves to the jews when there honcho returns . So they think LOL

    • Jimmy The Greek

      Ibcamn I to am a Biker , I am from Elizabeth N J but have been living in Texas ( Thank God ) for the last 36 years However the bike people i run with don’t hang around with the police , Back in the late 70s to the early 90s we could not even go from the house to the beer joint with out the cops trying to stop us to search us and take photos of us and our tats , things have gotten a lot better in the last 10 years now we can keep a pistol on the bike as long as it is not in plane view or on our person ( if it is on our person we have to have a permit ) I can remember riding into the city from jersey back in the early 70s and having nothing but trouble out of NYPD .

  • Steve E

    The police should have know that the stop and search was unconstitutional. This should shows everyone how stupid some police officers are. It is right there in the Constitution for everyone to see, but they are too dumb to realize it..

    • Jimmy The Greek

      Steve the thing the are the law and can do any thing that they want and most of the time they can and get away with it !

      • Jimmy The Greek

        Dam spell check , that should read : they think they are the law

    • http://Aol.com CommonSense4America

      The NYPD is not dumb,,,They are just acting like Bloomberg and Obama. Disreguard the Constitution and do what you want to do.

  • Howard C

    Cops don’t care about the Constitution. They believe that they are above the law and that they lord over us.

  • Raul Solis

    I will advise everybody, that the minute they try or do that again, sue them in a court of law(Hopefully the same one that this Judge is in) for millions of dollars ,for violating your Constitutioal rights. I would guess they would probably settle out of court with you. New Yorkers, assert your rights.

  • DJTX

    Thank God for at least one judge who cares about upholding the Constitution. Everyone in NY – be sure to vote her back in! I agree with Raul Solis – sue the pants off NYC if you get frisked without just cause. If we take it, they’ll keep pushing for more power.

  • Onemom

    Everyone seems to be more concerned about being stopped and frisked than reducing the high murder rate. Is that because it’s usually black on black crime?

    • Chief Boring

      We are concerned because the practice is unconstitutional. There is even a Supreme Court case protecting felons against stop and search as a violation of the self incrimination clause of the fifth Amendment.

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