Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

January-09-13

Federal Judge Blocks NY Stop-and-Frisks Without Suspicion

On Tuesday, a federal judge issued a preliminary injunction against the Bronx Trespass Affidavit Program's (TAP) "stop-and-frisk" practices when performed without reasonable suspicion.

Judge Shira Scheindlin of the Federal Court District of Manhattan ruled that aspects of the stop-and-frisks used by the New York Police Department were unconstitutional because officers were stopping individuals outside of residential buildings without sufficient suspicion that they were trespassing. Scheindlin also issued an injunction against stop-and-frisks by officers unless there is substantial evidence that an individual is trespassing. She is also considering ordering the NYPD to adopt a written policy that defines the limited cases in which an individual may be stopped as part of TAP.

"While it may be difficult to say where, 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" Scheindlin wrote in her decision. "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 suspicions later."

As part of the TAP program, property managers authorized the NYPD to patrol inside residential buildings and arrest those they find trespassing. However, Judge Scheindlin found that officers were frisking individuals that were only seen entering or leaving the building even if the individuals were guests or residents who did not have their identification.

"For those of us who do not fear being stopped as we approach or leave our own homes or those of our friends and families, it is difficult to believe that residents of one of our boroughs live under such a threat. In light of the evidence presented at the hearing, however, I am compelled to conclude that this [is unconstitutional]," concluded Scheindlin.

Media Resources: Businessweek 1/8/2013; Huffington Post 1/8/2013; New York Times 1/8/2013; Wall Street Journal 1/8/2013


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

6/29/2015 The Supreme Court Just Saved Texas Abortion Clinics - The Supreme Court ruled 5 to 4 today to put a temporary hold on a Fifth Circuit Court of Appeals ruling that would have closed all but 9 of the state's abortion clinics in Texas. The order from the Supreme Court comes in response to an emergency request filed by women's health care providers on the behalf of Texas women earlier this month asking the Court to stay House Bill 2, which would have taken effect as law on Wednesday. . . .
 
6/26/2015 Supreme Court Declares Marriage Equality a Constitutional Right - In a 5-4 decision delivered by Justice Anthony Kennedy this morning, the Supreme Court of the United States declared that same-sex couples fundamentally have equal protections under the Constitution. The Supreme Court held that the Fourteenth Amendment requires all 50 states to both license a marriage and recognize a marriage between two people of the same sex. . . .
 
6/26/2015 President Obama Delivers Moving Eulogy in Charleston - The nation is remembering the nine victims of the Emanuel AME Church mass shooting this week, as President Obama gave an unforgettable eulogy for State Senate Reverend Clementa Pinckney. President Obama knew Reverend Pinckney personally, meeting him during his 2008 election campaign. . . .