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Justice

Bronx Prosecutors Wary Of Arrests From NYPD Stop-And-Frisks

Reacting to the New York Police Department’s aggressive stop-and-frisk tactics, the Bronx district attorney’s office has halted all prosecutions of people at public housing projects for trespassing, unless and until they can conduct an interview with the arresting officer. This is the “first known instance in which a district attorney has questioned any segment of arrests resulting from stop-and-frisk tactics,” according to the New York Times.

The NYPD’s stop-and-frisk tactics came under fire after news emerged that police stops in New York City increased by more than half a million between 2003 and 2011, and that New York officers conducted more stops of young black men in 2011 than there are young black men in the city. A significant proportion of NYPD stops, 10 to 15 percent, occur at public housing facilities, where police can arrest someone who they believe does not live at the housing project and is not a guest.

After receiving numerous complaints from defense attorneys about trespass arrests, Jeanette Rucker of the Bronx DA’s office conducted an investigation that yielded disturbing results. The New York Times explains:

[S]he found that “in many (but not all) of the cases the defendants arrested were either legitimate tenants or invited guests,” she wrote.

In some cases, Ms. Rucker claimed, the police arrested people even when there was persuasive evidence that they were not trespassing, citing “several instances where defendants who were guests, had the person whom they were visiting verify this fact to the arresting officer, yet the defendant was arrested anyway.” In those cases, the deposition from the arresting officer “indicated the defendant did not know the name of any tenant or the apartment number.”

From 2009 to 2011, the police arrested more than 16,000 people on trespass charges in public housing, according to a report filed as part of the federal litigation over the arrests.

According to another account by counsel for Police Commissioner Raymond Kelly, some officers were under the mistaken impression that they “were entitled to stop and question anyone inside” public housing.

The findings led the DA’s office to require in-person interviews with arresting officers before prosecuting people for trespass in public housing. But as the Legal Aid Society in New York’s chief lawyer Steven Banks says, this is exactly the type of thing prosecutors should be doing anyway to verify the legal support for these arrests.

Over the last few months, the number of stops has dropped a dramatic 34 percent, following public outcry, new NYPD policies and three court rulings that question NYPD tactics. But that has not changed the impression that the stops are deeply discriminatory. A poll out earlier this week found that 64 percent of New Yorkers, and 80 percent of African Americans, think the police favor whites. The poll also found that a majority of New Yorkers think stop-and-frisk has led to the harassment of innocent people.

Justice

NYPD Abuses Cost New York $22 Million In Civil Rights Lawsuits

The New York Police Department’s stop-and-frisk program is demonstrably ineffective and damaging to police reputation. Now it comes to light that stop-and-frisk is also very expensive. The New York City taxpayers paid a total of $22.8 million to end 35 lawsuits against the NYPD worth over $100,000 each in the past year, DNAinfo reports.

The NYPD has been hit with lawsuit after lawsuit claiming police violated civil rights between July 1, 2011 and June 30, 2012. Examples include a 12-year-old girl arrested for doodling on her desk with a green erasable marker and a 38-year-old veteran who was punched and pepper-sprayed while discussing Memorial Day barbecue plans with friends on a street corner. The two plaintiffs received $115,000 and $324,000 respectively. A class-action lawsuit accusing police of illegally arresting people for loitering cost the city $15 million.

Unsurprisingly, the settlements coincide with a rise in civil rights complaints:

The payments also come as accusations of civil rights violations have risen in recent years, according to the city comptroller’s office. Between July 1, 2010, and June 30, 2011, 2,241 civil rights claims were filed against the NYPD — up 23 percent from the 1,826 claims filed a year earlier.

The city’s overzealous stop-and-frisk program is notorious for its disproportionate targeting of young black and Latino men. The number of police stops has increased 600 percent since 2002, and in 2011 alone, the NYPD stopped young black men more times than the total number of young black men in New York City. Meanwhile, the number of guns pulled off the streets during these random searches has decreased, and the number of shootings remain unchanged.

The broadest legal challenge to stop-and-frisk yet will go to court next March, arguing the police improperly implement the program along racial lines.

NEWS FLASH

NYPD Muslim Spying Program Only Uncovers Complaints About Anti-Muslim Discrimination | Despite the fact that the New York Police Department’s controversial Muslim spying program has failed to yield any productive leads — and is in fact having a negative impact by fostering distrust between NYPD officials and members of the Muslim community — members of the police force continue to attempt to justify it. As Mother Jones reports, the NYPD official who heads up the department’s surveillance program of Muslim groups cited two specific conversations as evidence that the spying efforts have value. However, those conversations both centered on complaints about bias and discrimination against Muslims. In the first, one man commented he was disappointed that a New Jersey Transit employee who got fired for burning a Quran near Ground Zero had since been rehired. In the second, two men discussed a racial profiling case in Tennessee where imams in religious garb were prevented from boarding a flight. Rather than uncovering critical national security information, the NYPD appears to be uncovering evidence of the negative effects of profiling programs like their own.

Justice

Poll: 64 Percent Of New Yorkers Think Police Favor Whites

The New York Police Department’s controversial stop-and-frisk initiative may not be getting guns off the street or reducing crime, but it is certainly making an impact on public opinion. A new poll by the New York Times found that a significant majority of New Yorkers think police favor whites over blacks. The sentiment is especially strong within the African American community; 80 percent of the respondents agreed that police favor whites, compared to 48 percent of white New Yorkers. The poll also found that a majority of black New Yorkers think stop-and-frisk has led to the harassment of innocent people.

This perception may come from the fact that the NYPD made more stops of young black men in 2011 than the total number of young black men in the city. Police have been accused of practicing racial profiling through stop-and-frisk, which would explain why attitudes towards the policy fall along racial lines:

Opinions about stop-and-frisk fall are divided by race. Fifty-five percent of whites described the use of the tactic as acceptable; 56 percent of blacks called it excessive. Among Hispanics, 48 percent said it was acceptable and 44 percent said it was excessive. Republicans, independents and residents of Queens generally support the practice; Democrats and Manhattanites generally deem it excessive.

Overall, 64 percent of New Yorkers say the police favors one race over the other, a steep rise from the early years of the Bloomberg administration, when less than half of residents agreed with that sentiment. The perception of police favoritism has not been as widespread since the final years of Mr. Giuliani’s tenure, when race relations were noticeably more tense. (The question has not been asked in a Times poll since 2003.)

These views, in many cases, appear to have been influenced by personal experience. A third of the New Yorkers surveyed, including 37 percent of black people, said police officers had used insulting language toward them. A fifth of the respondents said they had been stopped by a police officer because of their race or ethnicity, and almost all were black or Hispanic, and more likely to be young and male.

Besides damaging their relationship with minority communities, the NYPD has also alienated journalists and activists through the program, prompting several allegations against police officers for beating up, intimidating and arresting anyone who films them.

NEWS FLASH

NYPD Muslim Spying Program Produced No Leads | The Associated Press reported earlier this year that the New York Police Department has been monitoring the communications and activities of Muslim groups in New York and the surrounding area. While the program has received significant criticism since, including from FBI agents and New Jersey governor Chris Christie (R), the AP reports today that the program “never generated a lead or triggered a terrorism investigation.” After the AP’s initial report, the NYPD said the program was critical to counter-terror operations. However, Assistant Chief Thomas Galati conceded in court testimony that it produced no leads. “I never made a lead from rhetoric that came from a Demographics report, and I’m here since 2006,” he said. “I don’t recall other ones prior to my arrival. Again, that’s always a possibility. I am not aware of any.”

Justice

Stop-and-Frisk Fails to Get Guns Off The Street Or Reduce Shootings

In spite of the NYPD’s aggressive stop-and-frisk program, the number of guns seized off the street has dropped, DNAinfo reports. The controversial practice of randomly stopping and searching people — often black and Latino young men — has increased 600 percent since 2002, while the number of guns seized during these searches has steadily fallen.

DNAinfo’s analysis of NYPD data found:

During the past two years alone, the number of firearms seized by police has fallen 13.5 percent from 3,908 in 2009 with 510,742 frisks, to 3,443 last year, when the NYPD stopped and frisked a record-busting 685,724 New Yorkers. And last week the NYPD reported that during the first half of this year, firearm seizures continues to fall to 1,613, compared to 1,705 during the first six months of last year. The downturn came as the NYPD conducted 337,434 stops-and-frisks — a figure that keeps the NYPD on pace to match last year’s record-busting total.

By comparison, during Bloomberg’s first year in office in 2002, the NYPD recovered 4,069 guns — but the police stop-and-frisked only 96,000 people that year, according to NYPD data.

The NYPD justifies its stop-and-frisk program with this same data, attributing the fact that people are carrying fewer guns to a fear of getting stopped. But an earlier DNAinfo report also found the practice has had little impact on gun violence in New York, which has hovered around 1,800 for the past decade. The drop in gun seizures and almost unchanged shooting rates suggests stop-and-frisk has been ineffective even as it becomes more common.

The most noticeable effect the program has produced is the massive number of arrests for low-level marijuana possession — 50,684 in 2011, more than for any other offense. The police have continued to stop, frisk, and arrest young black and Latino men for marijuana possession, in spite of New York’s decriminalization of small amounts of marijuana possession and Commissioner Ray Kelly’s directive explicitly telling officers not to make misdemeanor arrests for marijuana possession.

As a result, the ramped up stop-and-frisk program has damaged minority communities’ trust in the police. In 2011, the NYPD stopped young black men more times than the total number of young black men in the entire city.

NEWS FLASH

New York Times Photographer Beaten Up And Arrested By NYPD | New York Times photographer Robert Stolarik was allegedly beaten up and arrested by NYPD officers for taking pictures of an arrest Sunday night. While on an assignment in the Bronx, Stolarik took pictures of an NYPD officer arresting a 16-year-old girl. He says an officer slammed his camera into his face when they learned he was a journalist, and dragged him to the ground and kicked him after he asked for their badge numbers. He was then charged with obstructing government administration and with resisting arrest. The NYPD defended the officers, saying Stolarik “inadvertently” struck an officer in the face with a camera and “violently resisted being handcuffed.” The New York Times has a video showing Stolarik face down on the sidewalk, surrounded by a huddle of about six officers. Lawyers for the National Press Photographers Association asked the NYPD to return $18,000 worth of cameras and press credentials seized by the officers. Stolarik was previously arrested while covering an Occupy Wall Street protest.

NEWS FLASH

911 Call Revealed NYPD Surveillance Den In New Jersey | The Associated Press has released the tape of the 911 call that revealed the NYPD’s extensive surveillance program of peaceful Muslims far beyond its jurisdiction. A building superintendent in New Brunswick, New Jersey called 911 in June 2009 to report what he thought was a terrorist hideout: an apartment containing nothing but NYPD radios and computers. “There’s pictures of terrorists. There’s literature on the Muslim religion,” he said to the 911 operator. In March, the NYPD endured harsh criticism for the secret surveillance, which compiled files on Muslim students and mosques from New Jersey to New Orleans. An NYPD deputy defended the operation in February by claiming that the detectives can operate outside New York because they aren’t conducting official police duties. The Associated Press, which broke the story earlier this year, won access to the 911 call after suing New Brunswick.
Listen:

NEWS FLASH

Top Clinton Aide Threatened After Bachmann Allegations | The New York Post reports Sunday that Huma Abedin, a top aide to Secretary of State Hillary Clinton, was placed under security by authorities after an “unspecified threat.” The source of the threat is not clear — he was “described as a Muslim man” — but the Post linked the incident to widely-repudiated allegations made by Rep. Michele Bachmann (R-MN) tying Abedin to the Muslim Brotherhood and suggesting her nefarious influence on the U.S. government. New York police and the State Department reportedly questioned the man, who was not charged, according to the Post. (HT: Laura Rozen)

Health

New York City Police Targets Sex Workers For Carrying Condoms Despite High Rates of HIV Infection

New York City health workers distributed over 32.7 million free condoms last year in attempt to encourage safer sex. However, the NYPD actively works against the benefits of promoting tools to ensure safer sex by targeting sex workers who have condoms in their possession, using condoms as evidence to arrest people on prostitution charges.

In light of the 19th International AIDS Conference that will be held in Washington, DC later this month, activists are calling on legislators to take concrete steps toward addressing HIV infection. Decriminalizing carrying condoms is part of this initiative, since sex workers are 10 times more likely to be infected with HIV than the general population. Furthermore, sex work is more likely to become a tool of economic survival for disenfranchised populations, such as the estimated 43 percent of trans people who have worked in the sex industry at some point in their lives.

Advocacy groups like the Human Rights Watch (HRW) say it is imperative to promote condom use among this community, rather than aggressively deterring it with threats of arrest:

Police officers confiscate condoms and prosecutors try to enter them as evidence not because it is official policy to do so, but simply because they have not been trained to do otherwise…Categories of evidence — like testimony regarding the sexual history of rape victims — are excluded as a matter of public policy in many legal systems. In this case, the value of condoms for H.I.V. and disease prevention far outweighs any utility they might have in the enforcement of anti-prostitution laws. Law enforcement efforts should not interfere with the right of anyone, including sex workers, to protect his or her own health.

According to HRW’s recent survey on sex workers and condom use, 45.7% of respondents have, at one point or another, decided against carrying condoms for fear that they might get in trouble with the police. In U.S. cities where rates of HIV are close to the rates in some African countries, this is a dangerous precedent.

State Sen. Velmanette Montgomery (D-Brooklyn) introduced legislation in April that would make New York to be the first state to ban police officers from confiscating condoms as evidence for prostitution cases. Montgomery explained that her bill is not meant to endorse prostitution, but rather address the high rates of HIV infection in New York. The bill is currently pending in the New York State Assembly.

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