Part of NYPD's controversial 'Stop and Frisk' policy ruled unconstitutional

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A key part of the NYPD’s controversial “stop and frisk” tactic has been ruled unconstitutional.

Manhattan Federal Court Judge Shira Scheindlin ordered police to refrain from making trespass stops outside private residential buildings — even though the landlord has given officers permission to do so as part of the NYPD’s “Clean Halls” program.

"While it may be difficult to say when precisely to draw the line between constitutional and unconstitutional police encounters such a line exists, and the NYPD has systematically crossed it when making trespass stops outside buildings," Scheindlin wrote in a 157-page ruling.

The New York Civil Liberties Union argued in an eight-day hearing in October that “Clean Halls,” which exists only in the Bronx, leads to people being hassled by cops and sometimes cuffed near their own abode for no legitimate reason.

The NYCLU’s legal challenge centers on the case of Jaenean Ligon.

In August 2011 the mother of three sent her 17-year-old son to buy ketchup for the family’s dinner.

Two plaintclothes cops stopped the teen outside the family’s building on E. 163rd St. in the Bronx. Two uniformed officers also arrived on the scene.
After frisking the youngster, one of the cops buzzed Ligon’s apartment and asked she come downstairs to identify her son. Ligon testified the request sent her into a panic because she feared the worst — that her son had been seriously hurt or killed.


NYCLU lawyers argued that Ligon’s experience was all too common in high-crime neighborhoods in the Bronx where the “Clean Halls” program is in place.

At least one Bronx prosecutor, Jeannette Rucker, expressed skepticism about the legality of the practice, as well.
Rucker notified the NYPD in July of last year that her office would no longer rubber-stamp trespassing arrests made outside Clean Halls buildings and public housing projects unless the arresting officer was interviewed.

In addition to immediately halting such trespass stops in the Bronx, Scheindlin ordered a Jan. 31 hearing to determine what other relief should be granted.
"For those of us who do not fear being stopped as we approach or leave our own homes or those of our friend and family, it is difficult to believe that residents of one of our boroughs live under such a threat,” she wrote.

Two other stop and frisk cases are pending.

NYPD's controversial 'Stop and Frisk' policy ruled unconstitutional - NY Daily News


Now we have to wait and see what the higher court say.

 

[JAY?]

Everything this country does is unconstitutional

 

[Orbital-Fetus]

from what i understand, officers can no longer enter buildings and "Stop & Frisk" people...then arrest them for trespassing because they don't live there.

i don't know how this applies in the streets.

 

[88m3]

the whole thing needs to be thrown in the bushes

 

[Orbital-Fetus]

the whole thing needs to be thrown in the bushes

stopping people and asking for I.D. is :HAAAAAAA: status.
you don't need to have I.D. on you unless you are driving a car.

but people are being "arrested" because they don't have I.D. when a cop decides to stop and ask for it.

 

[thekingsmen]

Policies made after 9/11 have been unconstitutional but the policies still gets passed as laws.

 

[FlyGuy]

good but that shyt ain't only in the bx

 

[Mowgli]

New Yorkers are soft. You guys take anything.

 

[FlyGuy]

New Yorkers are soft. You guys take anything.

you guys riot, break a few windows....nothing changes. Ya still be catching 40 bullets to the face courtesy of Alonzo Harris

 

[Mowgli]

you guys riot, break a few windows....nothing changes. Ya still be catching 40 bullets to the face courtesy of Alonzo Harris

Stop, arabs touched your city and you beat up Apu at 7-11.

Alot changes when cops fukk up in l.a. Cops are on their best behavior and shoot people who need to be shot because they know its going to cost the city money if theres a riot which means cops sip that act right juice. NYPD gunnin unarmed civilians down with the cannon like they caught Pablo Escobar. They get nervous in Cali when it comes to unclean kills. In this century, in your city, there was a year where cops killed more civilians then civilians killed each other but you guys still wanna huff n puff like its rough out there. You got hipsters walkin through your toughest blocks like * i dont see the big deal *. You're nice guys out there. Cops walkin up pattin your pockets like your already a convict. shyts disgusting. City is run by thugs obviously cuz thats as gangster as you can get. Cops lookin at you like a mark.

 

[CouldntBeMeTho]

this whole thing is unconstitutional, hopefully higher courts uphold this ruling, and they need to go farther and get rid of the whole policy.

correct me if im wrong, but none of the "hijackers" from 9/11 even lived in nyc, what exactly is this policy supposed to accomplish? except unfairly target minorities for arrest. yall traded liberty for security without a second thought.