Bloomberg upset his cops must follow 4th amendment


New York City Mayor Michael Bloomberg said the city will appeal a ruling by a federal judge today that the NYPD's controversial so-called "stop-and-frisk" policy is unconstitutional.

Bloomberg said the tactic, which allows cops to search anyone regardless of whether they believe a crime has been committed, is "an important part of [the NYPD's] record of success."

During a press conference today the three-term mayor also criticized U.S. District Judge Shira Sheindlin for allegedly being biased against police, saying she has "made it clear she was not interested in the crime reductions" and that she "ignored the real world realities of crime."

NYPD Commissioner Ray Kelly said he was disturbed that the judge found Big Apple police engaged in racial profiling, saying that is "recklessly untrue."

"We do not engage in racial profiling," Kelly said. "It is prohibited by law, it is prohibited by our own regulations."

Bloomberg's comments came hours after Sheindlin filed her ruling, spiked with dramatic flourishes, that deemed stop-and-frisk unconstitutional, saying the policy unfairly targeted blacks and Hispanics. Sheindlin ruled that the policy could continue, but only under strong new restrictions.

Bloomberg grew visibly angrier and more impatient as the press conference went on today, finally shutting down questions by saying the ruling is "a very dangerous decision made by a judge that, I think, does not understand how policing works."

In her ruling, Scheindlin acknowledged that the goal of deterring crime may be "laudable," but said, "Many police practices may be useful for fighting crime — preventive detention or coerced confessions, for example — but because they are unconstitutional they cannot be used, no matter how effective."

In a 198-page ruling, the judge said the "case is about whether the city has a policy or custom of violating the Constitution by making unlawful stops and conducting unlawful frisks… The city's highest officials have turned a blind eye to the evidence that officers are conducting stops in a racially discriminatory manner."

She also dismissed the Bloomberg administration's argument that cops simply do more stop-and-frisks in minority areas because that's where crime is highest.

"Both statistical and anecdotal evidence showed that minorities are indeed treated differently than whites," the judge said, ordering that the stop-and-frisk may continue only with the oversight of a federal monitor.

In addition to the monitor, Scheindlin said she will order "various remedies" including a trial program requiring the use of "body-worn cameras" in one precinct per borough and "community-based joint remedial process."

Two months before his remarks today, Kelly defended the program on ABC News "Nightline."

"The stark reality is that a crime happens in communities of color," Kelly told "Nightline" Anchor Bill Weir. Black and Hispanic residents "are being disproportionately victimized."

Scheindlin's ruling crashed into a summer heavy with the overheated battle to replace Bloomberg after 12 years in charge at City Hall.

City Public Advocate Bill de Blasio, a longtime Bloomberg critic and Democratic candidate for mayor, was quick to declare victory in the judge's words.

"The courts have just affirmed facts that too many New Yorkers know to be true: Under the Bloomberg administration … millions of innocent New Yorkers — overwhelmingly young men of color — have been illegally stopped," de Blasio said. "The overuse and misuse of stop-and-frisk hasn't made New York a safer city, it has only served to drive police and community further apart."

City council Speaker Christine Quinn, a Bloomberg ally running against de Blasio, said, "Too many young men of color are being stopped in the streets of New York in an unconstitutional manner and that must stop…as mayor, I intend to work with the federal monitor to help ensure these stops come down dramatically so that we can build stronger relationships between our communities of color and our police force. "

Former Congressman Anthony Weiner, another candidate for the Democratic mayoral nomination, called the ruling a "teachable moment."

"When the police stop tens of thousands of citizens who have done nothing wrong -- the overwhelming number being young men of color -- basic civil rights are being violated," Weiner said.

Weiner did, however, ask the judge to delay the process of installing a monitor to oversee the NYPD until after a new mayor – and likely a new police commissioner – are sworn in in January.

Sceindlin's ruling, coming in the final months of Bloomberg's long tenure, marks another blow to a mayoral legacy that has suffered a series of shots as the billionaire media mogul prepares to return to private life.

In the last two years, Bloomberg's administration has watched as federal prosecutors revealed a heralded high-tech city payroll system pushed by the mayor was plundered in the biggest municipal-fraud scandal in Big Apple history. And Bloomberg's beloved $2 billion overhaul of the city's antiquated 911 system has suffered a series of embarrassing failures.

Through it all, though, the mayor has insisted his legacy was still secure because New Yorkers felt safer than ever and that was largely because of stop-and-frisk.

"There is no doubt," Bloomberg said in a speech in April, "that stops are a vitally important reason why so many fewer gun murders happen in New York than in other major cities – and why we are the safest big city in America."

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UGCTT_Fillthy site profile image  

8/18/13 1:50 PM by UGCTT_Fillthy

They know Stop-Frisk is going to fail to meet Constitiutional muster, they've known that for a long time. Now they're just trying to spin it so they come off as over-protective nannies and not power-grabbing despots.

jettdogg site profile image  

8/18/13 12:29 PM by jettdogg

Ray Kelly was on MTP today, saying tons of people will now die because they can't harass New Yorkers millions of times a year. What a crock of shit, and Bloomberg is a clown. "More than 5 million New York residents have been stopped and frisked under the program since Bloomberg took office in 2002. Over 86 percent of those who have been stopped are either black or Latino. But the mass random stops haven't been particularly efficient -- a staggering 4.4 million of New Yorkers who were targeted under the program, which cost taxpayer $22 million in civil rights lawsuits last year, were innocent.There have also been incidents where a stop and frisk ends with deadly consequences. In March, overzealous NYPD officers shot and killed 16-year-old black male Kimani Gray after stopping him for "suspiciously" adjusting his belt. The NYPD claims that Gray had drawn a weapon on the officers -- but eyewitness testimony disputes that account, and an autopsy revealed that several shots were fired from behind Gray.That hasn't stopped the Bloomberg administration from singing the practice's praises. Bloomberg recently dismissed Scheindlin as "some woman" who knows "absolutely zero" about policing. "Your safety and the safety of your kids is now in the hands of some woman who does not have the expertise to do it," he said during a radio interview Friday."

jettdogg site profile image  

8/15/13 11:10 PM by jettdogg

They've harassed New Yorkers over 4 millions times in ten years. It's a joke. 9 out of 10 innocent, lots of bullshit pot busts. Fuck that garbage. "An analysis by the NYCLU revealed that innocent New Yorkers have been subjected to police stops and street interrogations more than 4 million times since 2002, and that black and Latino communities continue to be the overwhelming target of these tactics. Nearly nine out of 10 stopped-and-frisked New Yorkers have been completely innocent, according to the NYPD's own reports: In 2002, New Yorkers were stopped by the police 97,296 times. 80,176 were totally innocent (82 percent). In 2003, New Yorkers were stopped by the police 160,851 times. 140,442 were totally innocent (87 percent). 77,704 were black (54 percent). 44,581 were Latino (31 percent). 17,623 were white (12 percent). 83,499 were aged 14-24 (55 percent"

UGCTT_Fillthy site profile image  

8/15/13 12:43 PM by UGCTT_Fillthy

No, it's probably not. Criminals and those who fear for their lives at the hands of criminals give a shit not about firearm laws.

Tidbits site profile image  

8/15/13 10:38 AM by Tidbits

Everyone defending the NYPD in this obviously missed my pot or didn't bother to read the link.S&F is unconstitutional, illegal, and is racial/class profiling at it's worst.

LakerUp site profile image  

8/14/13 3:05 PM by LakerUp

NYPD is also a huge department. They have more personnel than the entire United States Coast Guard. An agency that large cannot be generalized either, as there are more good things NYPD does than bad. Research, which you have been shown AI, supports this notion.

e. kaye site profile image  

8/14/13 3:04 PM by e. kaye

The latest spin is that the program deters bad guys from carrying for fear of being stopped.  So less guns walking around prevents spontaneous crimes.      BTW, this is probably true.

LakerUp site profile image  

8/14/13 3:02 PM by LakerUp

Of course I understand where your beliefs come from. But I have no problem pointing out to you how incorrect your generalizations often are. There are thousands if different agencies in this country that operate in entirely different ways. It's madness to believe most of those agencies are corrupt based on anecdotal evidence.

angryinch site profile image  

8/14/13 2:57 PM by angryinch

"I don't agree. You have no idea how many officers have spoken out not how many lives have been effectively destroyed because of it. The amount of weight and pressure a powerful police agency can bring down upon you is unlike anything you are capable of understanding. Not because of your intellect, but because there are certain things in life that are not able to be comprehended unless you experience them for yourself." Now imagine being a regular citizen and having that weight and pressure brought down upon you.  If you can imagine that, which I doubt, then maybe you'll start to understand where the views people like me have about cops and the entire law enforcement system come from. 

LakerUp site profile image  

8/14/13 2:57 PM by LakerUp

Terry stop:A brief, non-intrusive, police stop of a suspect. The Fourth Amendment requires that the police have a reasonable suspicion that a crime has been, is being, or is about to be committed before stopping a suspect. If the police reasonably suspect the person is armed and dangerous, they may conduct a frisk, a quick pat-down of the person’s outer clothing. A law enforcement officer's brief detention, questioning, and search for a concealed weapon when the officer has reason to believe that the detainee has committed or is about to commit a crime. Any further search requires either a search warrant or probable cause to believe the suspect will commit or has committed a crime (including carrying a concealed weapon, which itself is a crime).