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Judge Limits NYPD's Stop and Frisks In the Bronx

January 08, 2013  | 

A federal judge in Manhattan ruled on Tuesday that the New York Police Department's practice of stopping people suspected of trespassing outside private buildings in the Bronx was unconstitutional.

The decision appears to be one of the more significant federal rulings to date on the legality of the Police Department's use of stop-and-frisk tactics, which has been credited by the Bloomberg administration for helping lower crime rates in the city.

The case was narrowly focused on police stops in front of the private residential buildings enrolled in the Trespass Affidavit Program in the Bronx. Under that program, which includes several thousand residential buildings, property managers have asked the police to seek out trespassers and arrest them on sight.

Read the full New York Times story.

Related:

Stop and Frisk Goes On Trial In NYC

NYPD Stop-and-Frisks Fall 34%

Civil Rights Suit Filed Against NYPD's Stop-and-Frisk

Tags: NYPD, Civil Rights Cases, Trespassing


Comments (5)

Displaying 1 - 5 of 5

George @ 1/8/2013 11:56 PM

Where is the New York State Attorney General in this matter????????

Morning Eagle @ 1/9/2013 1:43 AM

We need more brain dead federal judges like this one that doesn't have a clue about what it takes to combat the criminals that are running around loose. This one is obviously much smarter than the property owners who requested this level of protection from the NYPD. His or her concern about the "right" of possible/probable thieves to trespass on private property, most likely for the purpose of determining whether or not there is anything there worth stealing is misguided to put it kindly. Stop and frisk does them no harm if they have nothing to hide. They do NOT have a constitutional right to trespass where they are not wanted but that is what this ruling implies. Brilliant!

Bob @ VA @ 1/9/2013 5:12 AM

While low-lifes have no rights to trespass, legitimate residents and their visitors do have 4th Amendment rights to prevent their being stopped without RAS and searched w/o PC whenever they leave or enter their residence. As the judge observed, there's a line in there and NYPD has routinely trampled across it. Their training video appears to be detailed instruction on how to violate the 4th Amendment. It seems that Bloomberg would prefer to eliminate at least the 2nd and 4th Amendments from the Bill of Rights, probably the 1st and 5th if he had his way.

The Bill of Rights only limits what the government can do, not private parties. If the landlords wants to stop and ID everyone entering their buildings, they can do so by hiring private security and making it a requirement in the lease. As it is, they are using NYPD under color of law as their private security guards. That's a non-starter.

RICHARD ISAACS @ 1/9/2013 6:51 PM

IS CUOMO DELIBERATELY TRYING TO DIVIDE LAW ENFORCEMENT AND CITIZENS RIGHTS TO DEFEND THEMSELVES AGAINST VIOLENT CRIMINALS. IT WOULD APPEAR SO. MR. CUOMO, THERE IS NO PLACE IN THE WHITE HOUSE FOR YOU. NOT NOW, NOT EVER.

Derek @ 1/27/2013 2:36 PM

@Morning Eagle Great, now if we can only get the Pre-Crime" law passed we would all be good to go (watch Minority Report). Really? You are falling back on the "if they have nothing to hide"? It is police officers like you that give Police a bad name and abuse of citizens rights.

A Citizen has the right not to be stop at all unless...well we all know what the requirments of the Terry stop are. The rules for the NY stop and frisk are found in New York State Criminal Procedure Law section 140.50.

A Citizen should not expect to be stopped just because they are on the sidewalk walking or standing in front of a private residence, Identified and frisked. I can bet that you probably out of habit frisk every person you contact on the street regardless if you feel in danger or not. I am getitn gready to retire, I may just pay a visit to NY and I hope I run into you on the sidewalk. I need to make a few extra $ to retire above the comfort level.

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