New York Judge Orders Police Stop-and-Frisk (legal, accuse, statistics, Obama)
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I've often wondered how NY City Police got away with the Stop & Frisk program. Bloomberg always supported it (which amazed me also) ..... the Judge didn't shut it completely down, but it sure has to 'change'. The numbers tell the story - Blacks and Hispanics were targeted.
Endorsement of stop-and-frisk by the city and its police department “is fundamentally inconsistent with the law of equal protection and represents a particularly disconcerting manifestation of indifference,” she wrote, describing each stop as a “demeaning and humiliating experience.”
Four black men sued the city alleging they had been stopped and questioned or frisked by police without reasonable suspicion in violation of their constitutional rights. Police have made more than 4 million such stops in the past nine years, the men alleged. At least 80 percent of those people stopped were black or Latino, according to court papers.
How do you figure it is constitutional absent suspicion of a crime having been or in the process of being committed? The Supreme Court already ruled on the practice of searching someone absent suspicion of a crime. The act is unconstitutional.
How do you figure it is constitutional absent suspicion of a crime having been or in the process of being committed? The Supreme Court already ruled on the practice of searching someone absent suspicion of a crime. The act is unconstitutional.
The solution is everyone, at least adults, must go completely naked. Problem solved except for sunburns and frost bite, but then Obamacare has that one handled I'm sure somewhere in that thick law. Have to love this ongoing theater of the absurd called America.
The numbers of people who are stopped and searched on the streets of New York are staggering ... 684,000 in 2011.
According to NYPD statistics from 2002 through 2012, an average of one in eight people stopped were accused of a crime.
In 2011, New Yorkers were stopped by the police 685,724 times.
605,328 were totally innocent (88 percent).
350,743 were black (53 percent).
223,740 were Latino (34 percent).
61,805 were white (9 percent).
341,581 were aged 14-24 (51 percent).
In 2012, New Yorkers were stopped by the police 532,911 times
473,644 were totally innocent (89 percent).
284,229 were black (55 percent).
165,140 were Latino (32 percent).
50,366 were white (10 percent).
I guess this has been going on for a little over 10 years - I only learned about it during the Occupy movement - the Police were doing a lot of Stop & Frisk according to the OccupyWallSteet web-site.
I've often wondered how NY City Police got away with the Stop & Frisk program. Bloomberg always supported it (which amazed me also) ..... the Judge didn't shut it completely down, but it sure has to 'change'. The numbers tell the story - Blacks and Hispanics were targeted.
The New York City's Stop-and-Frisk tactics have always been unconstitutional. However, as the US Supreme Court held in Terry v. Ohio, 392 U.S. 1 (1968), law enforcement may stop someone upon reasonable suspicion that a crime has been committed. Furthermore, once detained they may be frisked for the law enforcement officer's safety. Since New York City's Stop-and-Frisk tactics chooses people at random, without the reasonable suspicion that a crime has been committed, it violates the Fourth and Fourteenth Amendments of the US Constitution.
The New York City's Stop-and-Frisk tactics have always been unconstitutional. However, as the US Supreme Court held in Terry v. Ohio, 392 U.S. 1 (1968), law enforcement may stop someone upon reasonable suspicion that a crime has been committed. Furthermore, once detained they may be frisked for the law enforcement officer's safety. Since New York City's Stop-and-Frisk tactics chooses people at random, without the reasonable suspicion that a crime has been committed, it violates the Fourth and Fourteenth Amendments of the US Constitution.
Very much like the TSA.
Yep ..... I saw the case they used to justify this, but didn't read it. I hate reading those legal briefs and decisions. I hadn't thought about the TSA, but you are correct - I guess the difference is that pretty much everyone goes through the screening.
My impression has been that this program has helped to lower the crime rate in NYC .... is that correct?
I remember when crime and murder in NY City was a lot worse than the Chicago of today.
Yep ..... I saw the case they used to justify this, but didn't read it. I hate reading those legal briefs and decisions. I hadn't thought about the TSA, but you are correct - I guess the difference is that pretty much everyone goes through the screening.
Since the TSA stops and essentially frisks everyone, it may not be discriminatory, but it still violates the Fourth Amendment since there is no probable cause, much less reasonable suspicion, that a crime has been or will be committed.
Quote:
Originally Posted by Kibby
My impression has been that this program has helped to lower the crime rate in NYC .... is that correct?
I remember when crime and murder in NY City was a lot worse than the Chicago of today.
Various large cities have had murder rates similar to Chicago, such as New Orleans and DC. However, nothing out weighs the price of liberty. Government will always use fear to limit our liberty, until one day (very soon) we will be afraid of our own shadows and ultimately become a prison state, welcoming with open arms Martial Law.
The city will be responsible for paying for the monitor, Scheindlin said.
Why can't they be truthful here? The taxpayers would be responsible for the monitor. The judge was too much of a coward to do what she likely knew will be the end result here. End the program.
The Supreme Court has ruled already that you can not simply stop someone and frisk them.
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