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

7/2/2015 President Obama Will Expand Overtime Pay to Millions of Americans - President Obama is proposing a plan this week to broaden overtime pay that is expected to affect millions of Americans in the working class, especially women. In an Op-Ed written for and published by the Huffington Post, President Obama summarized what he called a successful week for Americans. . . .
 
7/2/2015 National Portrait Gallery Honors Dolores Huerta - Feminist Majority Foundation board member and lifelong feminist activist Dolores Huerta was honored by the National Portrait Gallery last night as the first Latina person to have a featured exhibition at the museum. Huerta is an active defender of civil rights, farm workers' rights, women's rights, and immigrant rights, and has been for over five decades. . . .
 
7/1/2015 Women's Rights Activists are Suing the Kenyan Government for Reproductive Rights - A woman in Kenya is suing the Kenyan government for failure to provide safe and legal abortions, which caused her daughter - a 15-year-old rape victim - to suffer a kidney failure after undergoing the procedure illegally. Currently, there are four petitioners on the case: the mother of the survivor, the Federation of Women Lawyers-Kenya, and two other women's rights advocates. . . .