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NYPD Stop and Frisk Policy - Out Of Control

Bob Herbert, The New York Times - The whole notion of the rule of law, critical to a democracy, is sabotaged when the guardians of the law — in this case the officers of the New York City Police Department — are permitted to violate the law with impunity. 

The police in New York City are not just permitted, they are encouraged to trample on the rights of black and Hispanic New Yorkers by relentlessly enforcing the city’s degrading, unlawful and outright racist stop-and-frisk policy. Hundreds of thousands of wholly innocent individuals, most of them young, are routinely humiliated by the police, day in and day out, year after shameful year.

Jeffrey Fagan, a professor of law and public health at Columbia University and a widely recognized scholar on the subject of police and citizen interactions, has filed a report in support of a federal class-action lawsuit challenging the stop-and-frisk policy as unconstitutional. Based on analyses of the department’s own statistics, he found, as the plaintiffs and other observers have argued all along, that seizures of weapons or contraband as a result of the stops “is extremely rare.”

The rate of gun seizures is near zero — 0.15 guns seized for every 100 stops. “The N.Y.P.D. stop-and-frisk tactics,” wrote Professor Fagan, “produce rates of seizures of guns or other contraband that are no greater than would be produced simply by chance.”

More important, after studying six years’ worth of data, the professor concluded that many of the millions of stops are violations of the Constitution. One of a number of constitutional problems, according to Professor Fagan, is that the police frequently use race or national origin rather than reasonable suspicion as the basis for the stops.

“I provide evidence that the N.Y.P.D. has engaged in patterns of unconstitutional stops of city residents that are more likely to affect black and Latino citizens,” he wrote.

From 2004 through 2009, city police officers stopped people on the street and checked them out nearly three million times. Many were patted down, frisked, made to sprawl face down on the ground, or spread-eagle themselves against a wall or over the hood of a car. Nearly 90 percent of the people stopped were completely innocent of any wrongdoing.

An overwhelming majority of the people stopped were black or Hispanic. Blacks were nine times more likely than whites to be stopped by the police, but no more likely than whites to be arrested as a result of the stops


 

Read more of Herbert's column here.

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