Posts published in “Justice”

In a repudiation of a major element in the Bloomberg administration’s crime-fighting legacy, a federal judge has found that the stop-and-frisk tactics of the New York Police Department violated the constitutional rights of minorities in New York, and called for a federal monitor to oversee broad reforms.  In a blistering decision issued on Monday, the judge, Shira A. Scheindlin, found that the Police Department had “adopted a policy of indirect racial profiling” that targeted young minority men for stops. Mayor Michael R. Bloomberg said the city would appeal the ruling, angrily accusing the judge of deliberately not giving the city “a fair trial.”

The mayor cited the benefits of stop-and-frisk, crediting the tactic for making the city safer and for ridding the streets of thousands of illegal guns.  But in her ruling, Judge Scheindlin found that in doing so, the police systematically stopped innocent people in the street without any objective reason to suspect them of wrongdoing.  The stops, which soared in number over the last decade as crime continued to decline, demonstrated a widespread disregard for the Fourth Amendment, which protects against unreasonable searches and seizures by the government, as well as the 14th Amendment’s equal protection clause, according to the 195-page decision.

Judge Scheindlin’s criticism extended beyond the conduct of police officers; in holding the city liable for a battery of constitutional violations, the judge found that top police officials acted with deliberate indifference. She said that police commanders were content to dismiss allegations of racial profiling as “a myth created by the media.”  Citing statements by the mayor and Police Commissioner Raymond W. Kelly, Judge Scheindlin accused the city of using stop-and-frisk as a checkpoint-style policing tactic, with the intent of deterring minorities from carrying guns on the street.

“I also conclude that the city’s highest officials have turned a blind eye to the evidence that officers are conducting stops in a racially discriminatory manner,” she wrote.  The judge designated an outside lawyer, Peter L. Zimroth, to monitor the Police Department’s compliance with the Constitution.

Judge Scheindlin also ordered a number of other remedies, including a pilot program in which officers in at least five precincts across the city will wear body-worn cameras in an effort to record street encounters. She also ordered a “joint remedial process” — in essence, a series of community meetings — to solicit public input on how to reform stop-and-frisk.