Federal U.S. District Judge Shira Scheindlin ruled today that the controversial “Stop and Frisk” procedure of the NYPD is unconstitutional. More specifically, the ruling determined that Stop and Frisk violates not only the Fourth Amendment (protection against unreasonable search and seizure) , but also the Equal Protection Clause of the Fourteenth Amendment (equal protection under the law, and prevention of intentional discrimination). Judge Scheindlin has established the following as a means to oversee the Stop and Frisk Program.
“To address the violations that I have found, I shall order various remedies including, but not limited to, an immediate change to certain policies and activities of the NYPD, a trial program requiring the use of body-worn cameras in one precinct per borough, a community-based joint remedial process to be conducted by a court-appointed facilitator, and the appointment of an independent monitor to ensure that the NYPD’s conduct of stops and frisks is carried out in accordance with the Constitution and the principles enunciated in this Opinion, and to monitor the NYPD’s compliance with the ordered remedies.”
This ruling will provide further documentation in addressing these changes in a separate court document. Ultimately, the City itself has been found liable for these violations, particularly for turning a blind eye to these procedures. For the full ruling, and Court Opinion, you can visit the following link: http://project.wnyc.org/documents/dc.html?doc=750413-floyd-v-city-of-ny-liability
Written by Georgianna Dolan-Reilly, LMSW