There are also gender dimensions to stop and frisk that are very real but documented by groups that are much smaller and less funded than NYCLU. See Transgressive Policing: Police Abuse of LGBTQ Communities of Color in Jackson Heights, by Make the Road NY, October 2012 (link is to 33 page PDF).
Trans women of color and people of color who are gender non-conforming are at high risk for stop and frisk, and often also get any condoms they are carrying confiscated and destroyed.
The judge excoriated the city for flagrant indifference to the Fourth Amendment. The amendment has been interpreted by the courts to mean that police officers can legally stop and detain a person only when they have a reasonable suspicion that the person is committing, has committed or is about to commit a crime.
The department’s patently illegal strategy, the judge said, encouraged officers to “stop and question first, develop reasonable suspicion later.” The ruling focuses on detentions that occurred as people were entering or leaving one of many residential buildings in the Bronx whose managers had simply asked the department to patrol the area and arrest trespassers. The Trespass Affidavit Program, or TAP, has thus not only led to unjustified detentions but has also placed untold numbers people at risk of detention merely for entering their own homes or visiting friends and relatives. Their experiences, as described in the ruling, makes perfectly clear why the largely minority citizens targeted and victimized by the program come away feeling angry and ill used.
Describing the typical, humiliating sequence of events, the judge wrote: “The police suddenly materialize, stop the person, demand identification, and question the person about where he or she is coming from and what he or she is doing.” She added that “attempts at explanation are met with hostility; especially if the person is a young black man, he is frisked, which often involves an invasive search of his pockets; in some cases the officers then detain the person in a police van,” where he or she is grilled about drugs or weapons. In some cases, the stop escalates into an arrest, the judge noted, with the person fingerprinted and held overnight. Even if the charges are quickly dropped, the arrest can follow the person for years.
(Submitted by ouspensky)
NEW YORK (AP) — A federal judge is allowing the New York Police Department to temporarily resume stop-and-frisk stops she believes are unconstitutional while the city appeals her decision.
Judge Shira Scheindlin on Tuesday lifted the order she issued earlier this month concerning a program aimed at thousands of privately owned buildings in the Bronx.
The judge had found that the city acted unconstitutionally in making trespass stops without reasonable suspicion.
Scheindlin says she still believes she’s correct but the city had shown it would be expensive to immediately implement an order that could be reversed.
A trial in March is set to decide the fate of a lawsuit more broadly challenging the city’s stop-and-frisk practices. The judge refused a request by the city to delay that trial.
A secret audio recording of a stop-and-frisk in action sheds unprecedented light on a practice that has put the city’s young black community in the NYPD’s crosshairs. Read the full story at http://www.thenation.com/article/170413/stopped-and-frisked-being-fking-mutt-video