Trial Begins in NYC as Plaintiffs Attack Police Stop-and-Frisk Practices

 By Jay Perry

            The trial of a class action suit challenging the “stop and frisk” procedures of the New York Police Department began today in a New York District Court. The case, Floyd v. City of New York, was discussed here earlier when the Court ruled that the case could proceed as a class action suit, noting that the alleged stops could demonstrate a “deeply troubling apathy toward New Yorkers’ most fundamental constitutional rights.”

            

             The plaintiffs are possibly going to call up to 100 witnesses, some to provide first-hand accounts of being frisked and questioned without reasonable suspicion. The lead plaintiff, a medical student, testified today about two stops, both of which left him “frustrated, humiliated.” After the second one, which took place outside his residence he stated that, “I felt that I was being told I shouldn’t leave my home.” The plaintiffs claim that the stops are based on race and not bona fide suspicion of actual crime taking place.  Attorneys for the city today disputed that claim, noting that most crime victims are racial minorities and that “crime drives where police officers go, not race.” The city also claims that the decrease in crime has been a direct result of this more active police presence on the streets. It seems undisputed that more stops and frisks have been taking place. The New York Civil Liberties Union states that such stops rose from 97,296 in 2002 to 533,042 in 2012. From the stops last year, approximately 89 percent resulted in no arrest or ticket. 

         This trial bears attention because it highlights the increased use in many cities of direct police interventions in noncriminal behavior. The question remains whether this type of police work is truly beneficial to public safety and moreover whether society is willing to pay the cost of a decrease in liberty.

Federal Judge Grants Class-Action Certification in NYC 4th Amendment Violation Suit

New York City

by Jay A. Perry

A Federal Judge in New York recently granted class-action status to potentially thousands of plaintiffs in a suit involving alleged 4^th Amendment violations by the New York City Police Department.  The suit claims that the New York City Police engaged in a policy of committing rampant unlawful “Terry stops” or short stops and frisks of people on the streets of the city. 

The Fourth Amendment prohibits “unreasonable searches and seizures” and in Terry v. Ohio, the Supreme Court ruled that the prohibition is not violated when the police stop a suspect on the street and frisk them without probable cause to arrest.  However, the Court said that before making such a stop the police need “reasonable suspicion” that the suspect is committing (or is about to commit) a crime.  Furthermore, the police need reasonable suspicion that the suspect is armed or dangerous to take the further step of frisking for weapons.  Reasonable suspicion is more than just a “hunch” and needs to be based on “specific and articulable facts”.

The Plaintiffs claim that the police department of New York City disproportionately stop and frisk minority people and have not reformed their policies as required by a settlement in 2003 of a similar suit.  The Court in granting the class certification noted that between 2004 and 2009 there were over 2.8 million Terry stops.  Over half of those stops were of Black people and thirty percent were of Latinos.  Only ten percent of the stops were of Whites.  The Court also recognized the important societal interest in the case and noted that the plaintiffs are not seeking monetary damages but only a declarative judgment and injunction. 

It will be interesting to follow this case and see how many plaintiffs come forward to take part.  In over 2.8 million stops there must be thousands (if not hundreds of thousands) of people involved.  If the Plaintiffs allegations are true then a good number of those people had their constitutional rights violated.  While a “stop and frisk” does not take a long time it surely has consequence to the person detained and frisked without good cause.  As the Supreme Court in Terry noted, being stop and frisked “must surely be an annoying, frightening, and perhaps humiliating experience.”

For more on the alleged abuses by the New York City Police Department, see This American Life #414 “Right to Remain Silent”.  The episode contains the story of a NYC police officer who secretly recorded himself and fellow officers for 17 months capturing evidence of the type of abuses alleged by the Plaintiffs in the suit.