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Thread: Stop and Frisk Challenged in NY
05-07-08, 02:01 PM #1
Stop and Frisk Challenged in NY
Group's lawsuit challenges NYPD's stop-and-frisk policy
By LARRY NEUMEISTER, Associated Press Writer 44 minutes ago
A civil liberties group filed a lawsuit Wednesday challenging the NYPD's practice of stopping hundreds of thousands of people each year for questioning, saying it is racially biased.
The New York Civil Liberties Union lawsuit lists New York Post reporter Leonardo Blair as the sole plaintiff, saying he was stopped and frisked by police officers as he walked from his car to his Bronx home last November.
He was taken to a police station, where officers expressed surprise that though he was black, he was not from "the projects," the lawsuit said.
Blair has a master's degree from Columbia University.
The lawsuit said the NYPD has stopped people in New York nearly 1 million times over the last two years. It said more than half of the people targeted were black, even though blacks make up only about a quarter of the city's population. It asks that the practice be declared unconstitutional.
Kate O'Brien Ahlers, a city law department spokeswoman, said, "We are awaiting the legal papers and will review them thoroughly."
The police department has said the racial breakdown of people stopped by police is consistent with the descriptions provided by victims of violent crime. It said an independent study reached the same conclusion: that stops were related to crime conditions rather than race.
The lawsuit asks that the stop-and-frisk practice be declared unconstitutional and that Blair be awarded unspecified damages.
Blair was issued two summonses that were later dismissed.
The lawsuit said the arrest is particularly troublesome for Blair because he is an immigrant and any arrest, even an unfounded one, must be reported on immigration and visa applications.
According to the lawsuit, nearly 90 percent of the people stopped in 2006 and 2007 were engaged in lawful activity and were neither arrested nor issued a summons. Between 30 percent and 40 percent of those who were stopped got frisked, according to the NYCLU.
Meanwhile, fishing in Russia:
"When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." -- Frederic Bastiat
"Certainly there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway
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05-07-08, 05:15 PM #2
It'll never fly.Do not war for peace. If you must war, war for justice. For without justice there is no peace. -me
We are who we choose to be.
R.I.P. Arielle. 08/20/2010-09/16/2012
05-08-08, 09:24 AM #3
Example 1: Woman is loitering on the street and looking in a car's windows. It is obvious that she does not own the car. You stop her to determine if she is going to break into a car. Woman identifies herself and states that she is looking to buy a car stereo and likes the way one looks in a parked car. She says she wants to try and see what brand it is so she can get one.
Example 2: Robbery at gunpoint just occured 4 blocks away. Description of the perp is vague. Male black wearing a white t-shirt and riding a bike. You observe a black man on a bicycle and stop him. He has a bulge on his right hip and you pat him down - it is just a cellphone in a holder on his belt. He identifies himself and tells you he is coming from the other direction, from his work, and he's going home closer to where the incident occured.
In both examples no illegal activity was found. The people either acted suspiciously or matched the description of a wanted person. A legal frisk was conducted. This is all common sense stuff. The terry stop is for reasonable suspicion. If there was probable cause an arrest would be made. The NYCLU should have a better grasp of the legal system.
The article that the NY Post (the paper he works for) printed that he was stopped for race only and that he was not engaged in any illegal activity. The fact that he was taken into custody and released with two criminal summonses shows that is not the case.
The courts in NYC are pretty liberal though. I am not suprised if anything is dismissed anymore.
B'KLYN DA HAS GUN COP IN HIS SIGHTS
By LARRY CELONA and STEFANIE COHEN
May 6, 2008 -- A Brooklyn cop's "guesswork" in making gun busts could shoot down as many as 20 pending weapons cases, The Post has learned.
Federal prosecutors recently dropped one gun case because of what a judge described as Officer XXXXX's flawed methodology, and now prosecutors from the Brooklyn District Attorney's Office are reviewing 20 pending cases on which the cop was the arresting officer, law-enforcement sources said.
XXXXX had busted Anthony McRae in Brownsville last September after he saw him adjusting something on his waistband.
His search found McRae was carrying a loaded .45-caliber Ruger and heroin - but it was the only gun he came up with in a three-day sweep. Brooklyn federal Judge John Gleeson found XXXXX shouldn't have searched McRae because the convicted felon "did not move in a sufficiently suspicious manner."
Oh yeah, normal people always carry things in their waistband. Pockets are for losers."never bring paws to a gunfight" - Jenna
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