Thursday, January 10, 2013

Stop and Frisk Illegal

  • An element of the New York Police Department’s stop-and-frisk practice was deemed unconstitutional by a federal judge on Tuesday, a ruling that may have broad implications for the city’s widespread use of police stops as a crime-fighting tactic.

    The decision, the first federal ruling to find that the practice under the Bloomberg administration violates the Fourth Amendment protection against unreasonable search and seizure, focused on police stops conducted in front of several thousand private residential buildings in the Bronx enrolled in the Trespass Affidavit Program. Property managers in that program have asked the police to patrol their buildings and to arrest trespassers.

    But the judge, Shira A. Scheindlin of Federal District Court in Manhattan, said officers were routinely stopping people outside the buildings without reasonable suspicion that they were trespassing.
Seeing as how McBrokenWindows had more than a little input into the NYPD practices of years past and his insistence on CPD Contact Cards are the most reliable indicator of crime fighting in the Windy City, we can only imagine the Constitutional issues that might be raised here in town.  

Someone also said that NYPD Officers are indemnified by their City in cases like this, operating under the assumption that politicians and bosses actually know what they are doing.  Unfortunately, we aren't.



Anonymous Anonymous said...

Nonsense. We need more contact cards.

1/10/2013 12:09:00 AM  
Anonymous Anonymous said...

As usual true again SCC! SCC news where you will always hear the truth and the real working police officers street viewpoints! Now at compstat meetings he wants more "hands on" and contact cards,don't put your careers in jeopardy boys and girls your families come first if you don't see nothing you see nothing!

Follow his sgts advice to survive on he streets of Chicago as a copper!

1/10/2013 12:12:00 AM  
Anonymous Anonymous said...

Don't jeopardize your job/house/pension/wallet for some idiot boss who wants contact cards for the stats sheet. It's not worth it.

1/10/2013 12:14:00 AM  
Anonymous Anonymous said...

McNutty constantly hounds all our bosses at compstat wanting, guess what? More Contact cards... Lots more. Got to get them anovs and blue & green stat cards too you know. God help us all for what this department has become.

1/10/2013 12:32:00 AM  
Anonymous Anonymous said...

Not indemnified DON'T DO IT. How simple is that? F*ck them, I'm not giving up my paycheck or something more.

1/10/2013 01:04:00 AM  
Anonymous Anonymous said...

Scheindlin, any relation to Judge Judy Scheindlin of TV fame?

1/10/2013 01:07:00 AM  
Anonymous Anonymous said...

"...officers were routinely stopping people outside the buildings without reasonable suspicion that they were trespassing."

Property owners signed up...for what? To have the INSIDE of their building patrolled? A. Police have no access and/or B. "That's private property, talk to the landlord, have him hire a security guard."

To have the OUTSIDE of their building patrolled? Public way, anyone can walk by.

Made for trouble. No wonder.

1/10/2013 01:26:00 AM  
Blogger West Side, Inside Do-Nothing said...

Regardless of how often you say it, there are still people on this job who think they're impervious to getting jammed-up.

Coppers still humping for petty activity in the hopes of staying on management. Coppers straying dangerously close to gray areas while playing the bullshit dope game because they "need 60 hours overtime a period" to maintain a lifestyle they can't afford. Coppers locking up the usual suspects for the same shit for which they've already been assessed punitive damages.

Seriously...what the fuck makes it so hard for some to understand that this job can be worked without putting their finances, health or freedom on the line?

Answering your jobs in a professional manner and providing the best service you can with what you have to work with at the time is all that's necessary. Arrests on signed complaints only. We still have discretion when it come to things like parkers, movers and ANOVs; the machine that does everything in its power to circumvent your contract regularly would like you to think otherwise. Think about that the next time you're denied that day off you really need. The bosses asking you to stick your neck out will claim they don't even know you when the hammer drops. Bet on that.

Until a quota....Ooops, "Index" system, is officially and legally recognized as acceptable law enforcement practice, the policy makers can fuck off. Contact Cards included. No reasonable suspicion? Well then that means no stop, no contact card.

And any supervisor dumb enough in this day and age to try and push the issue had better hope their marketable skills include more than law enforcement or security. It certainly seems that things have come full circle as of late. Witness officers recently trying to make sure they take the captain down with the ship before he has a chance to cowardly abandon it. Ain't that right, Shannon, Daniel and Anthony? A new day is indeed rising over the CPD.

1/10/2013 02:32:00 AM  
Anonymous Anonymous said...

So Glad I am retired. i don't have to work for the "Obama Times" now a Federal Judge,Nizzi at that makes this a law. WTF

1/10/2013 04:46:00 AM  
Anonymous Anonymous said...

We need more cowbell.

1/10/2013 05:20:00 AM  
Anonymous Anonymous said...

Be careful how you fill out those contact cards. If not, you are documenting your own lawsuit.

1/10/2013 05:24:00 AM  
Anonymous Anonymous said...

You think it's bad now with these nitwits who give the bosses as many contact cards as they want so they can stay on days, afternoon or tac, wait until Obama and Rahms gun confiscation begins. These same nitwits will be arresting and confiscating even their neighbors guns just to look good for the boss.

1/10/2013 05:31:00 AM  
Anonymous Anonymous said...

Stop and frisk is illegal. Try that in some upscale areas and watch the lawsuits fly.

1/10/2013 06:55:00 AM  
Anonymous Anonymous said...

Just fill in the contact cards as "REFUSED" and don't get in to a lawsuit.

I made it out alive, I won the last big federal lawsuit of my career and got out intact, retired a few months now. Glory be it feels good! Pension checks are rolling in, health insurance works, no desire to go hang around the old police station.

Stay safe and best wishes boys and girls.

1/10/2013 07:14:00 AM  
Anonymous Anonymous said...

read the special order on CONTACT CARDS it states that all data will be purged and deleted after one year. This Department is prime for a class action lawsuit because the Department does not adhere to its own Department Directive on the use of information in CONTACT CARDS!

1/10/2013 07:14:00 AM  
Anonymous Anonymous said...

To: Westside inside do nothing.... I sure hope your a south Sider b/c without proactive policing, those law abiding gang bangers would prob be all over my neighborhood. I appreciate when I see them getting stopped and thrown on the hood. Getting told That they don't belong and being told to GTFO is what I would do and I expect to happen on the NW side. Do some cops do too much and play that gray area to make the OT? sure they do. But we can actually do our job AND be pro active at the same time. That is unless you want the little jag offs trolling around your home. If so, keep doing nothing. Me? I'll keep making sure my home front is safe. Let me know where you live. this way I can make sure they play by your house by your wife and kids.

1/10/2013 07:15:00 AM  
Anonymous Anonymous said...

So, since these people were subjected to an unlawful search, does the fruit of that search become poisoned? Will NYPD have to return all of the property seized as a result? Will any crimes that were prosecuted be overturned? seems like a lot of potential for liability in that one.

1/10/2013 07:26:00 AM  
Anonymous Anonymous said...

What a novel idea! Here in Chicago, our bosses throw us under the bus. Remember: not one White Shirt was indicted in the SOS scandal....

1/10/2013 07:41:00 AM  
Anonymous Anonymous said...

officers were routinely stopping people outside the buildings without reasonable suspicion that they were trespassing."

Property owners signed up...for what? To have the INSIDE of their building patrolled? A. Police have no access and/or B. "That's private property, talk to the landlord, have him hire a security guard."

Don't tell that to the 002dist Tact Teams,It's called activity Dammit!

1/10/2013 07:53:00 AM  
Anonymous Anonymous said...

Of course Judges whom are between the ages of 50 and 110 yrs of age know whats best for the citizens of NY...what a joke, hey how about murders, robberies, rape, dope dealing, etc...etc..etc.. when are they gonna be considered unconstitutional!

1/10/2013 08:00:00 AM  
Anonymous Anonymous said...

Stop and eat. Stop and flirt. Stop and get a coke. These are the only 'stop and' policies I'm on board with these days!

1/10/2013 08:45:00 AM  
Anonymous Anonymous said...

Keep doing street stops! Ignore the pundits! You will eventually be rewarded by assignment to a plain clothes unit- CALLBACK.

1/10/2013 08:46:00 AM  
Anonymous Anonymous said...

liberal fucks win again- be careful what u wish for people!

1/10/2013 09:15:00 AM  
Anonymous Anonymous said...

their is a quota for the time and a half special employment--- we can thank arbitrator benn for that--- contact cards are useless, just like missions and event numbers....

1/10/2013 09:30:00 AM  
Anonymous Anonymous said...

Shouldn't be doing contact cards unless there is pc for the stop or if its normal contact with a victim or citizen etc.

1/10/2013 09:33:00 AM  
Anonymous The Box Chevy Phantom said...

Officers BEWARE!

The FEDS HAVE BEEN DRAFTING IN MCLUSTYLUSH'S WAKE at every city he's hung his hat!

It's rather like a very fucked-up Daytona 500...

Frantic Announcer:

*Coming out of turn #2 at record speed is Garry McCarthy but ooooooh! Tucked in tight behind him is USDOJ! What a race ladies and gentlemen!*

Wake this old, tired copper after the inevitible crash happens...

McLustyLush, the man who fancies himself the second coming of Sir Robert Peel and the man who would become a Police God for re-inventing the very concept of Policing here in Chicago?

He's determined to take down as many Policemen as he can with his management and policy decisions.

All you fools who cheerlead for this mook, blissfully ignore the fact that the FEDS have been "whisling" people in for a talking to at NYPD and Newark P.D.

Whispers are that some who see the writing on the wall are in deep legal "consultation" if not lawyering up.

Heh... The blue suits at CPD will be the ones left chasing the bus as it pulls out of the terminal?

By intentional design?

What a rotten way to set the table for getting rid of as many coppers as possible.

Again... We repeat what an old timer told us years ago.

"Police like everybody is your enemy. That's how you survive."

Some bad and ugly shit is brewing with the bosses pushing P.O.'s for "make work" like generating contact cards so THEY don't get reamed at a Comp-Stat beat down.

This is the silly shit that happens when bean-counterism drives Policing.

The bean-counters have no forthright, clear-cut and objective criteria in evaluating Policemen. The counting of beans must somehow be involved because the bean-counters haven't clue one about objectively evaluating something they've never been themselves.

Because the pure, golden essence of Policing, based on the principles laid down by Sir Robert Peel, somehow eludes them?

This department is destroyed beyond salvage or care.

Them that has will make out fine.
Them that have not are on their own.

As far as the overcomped L.E. gypsy, McLustyLush?

Damn if he doesn't have lye on his feet... Everywhere he treads, the grass dies.

He'll just load up his wagon and try to peddle his poison elsewhere.

Just like the immediate prior intinerant pot patcher, tooth puller and snake oil salesman.

May they crash their gaudily painted wagons into each other at a lonely crossroad...

1/10/2013 10:27:00 AM  
Anonymous Anonymous said...

Just remember to also put those supervisors on the paper and contact cards. Cause when the suit comes down if their names ain't on it you will be sitting by yourself. R/o was ordered by sgt so in so.

1/10/2013 11:17:00 AM  
Anonymous A D.C. Police Officer said...

In the decision released on Tuesday, the judge ordered the police “to cease performing trespass stops” outside the private buildings in the program unless officers have reasonable suspicion, a legal standard that requires officers to be acting on more than just a hunch.

Judge orders NYC cops to adhere to Terry v. Ohio, News at 11! Any cop who doesn't occasionally crack a book or a SCOTUS decision is asking to have their asses handed to them at some point for rights violations.

1/10/2013 11:41:00 AM  
Anonymous Anonymous said...

Yeah how about someone in here explaining the difference between whats considered activity/quota or numbers game, what would one constitute as a poor performance by an officer if he or she is answering jobs/writing paper for bs jobs and basically being a presence on the streets. Basically quota/ means activity in my eyes can someone elaborate this into further details?

1/10/2013 11:48:00 AM  
Anonymous Anonymous said...

Without RAS, leave me alone. Period.

1/10/2013 12:24:00 PM  
Anonymous Anonymous said...

Its sad that every form of police work is labeled as uncostitutional in some sort of way. We are sued for just about everything and it's just getting worse. Criminals are protected so much that it prevents us from doing our job. I'm not going to risk my livelyhood for this job or for some peice of shit. Untill something changes you will see me answer my calls write a few parkers/movers and thats about it.

1/10/2013 12:38:00 PM  
Anonymous Anonymous said...

Helllooooooo Media?

Why don't you ask McMouthpiece about contact cards here in the city? Why don't you ask what the policy is? Why don't you ask where the majority of contact cards are written and to whom?

There's no difference between NYPD 'stop and frisk' and CPD's 'contact cards.'

Why don't you ask McIdiot about how he want the police to be 'hands on'? When's the last time one of you media trolls got stopped by a copper and had to give your name, address, associates, etc?

1/10/2013 02:14:00 PM  
Anonymous Anonymous said...

What boss or politician has any knowledge of the law in chicago? they think laws are made by politicians and liberal judges. They have no regard for their oath to the CONSTITUTION.They are by most standards vile corrupt people who should not be serving the people of this city,state, county, or country. Their called democraps.

1/10/2013 03:02:00 PM  
Anonymous Anonymous said...

thats Gmacs big thing at compstat meetings. More street stops, more contact cards. Well, I do make stops, and I do complete contact cards however I do it only when its 100 percent warranted and legit. I do a protective pat down if I feel that the person may have a weapon and I do not go through their pockets if im not given a reason. I do treat them with respect and I get it back. You dont have to be a hardass hothead with everyone... it just makes for a long day. I changed my tune about 6 years ago when I cooled down and stopped getting so hot under the coller with everyone I stopped... its the best thing I ever did. less stress at work and only log numbers in 6 years. I still get enough arrests to stay on a tac team, I get my contact cards and im usually happy at work. No getting in to screaming matches with dude causing the ghetto meley and it makes for a quiet day. Try it, if its the dept they want then let them have it. You still get to be police and arrest people and you get to have way less stress put on you. too many hot heads running around these days trying to clean up the ghetto by yelling at everyone and acting tough. It will get you nowhere except in a bad mood with alot of assault and battery to the police cases pending. show respect, get respect. doesnt mean you have to like them. I dont like them and I dont respect them... but when I stop them I pretend the entire stop... they dont know and I dont care. one more contact card to add to the pile.

1/10/2013 03:16:00 PM  
Anonymous Anonymous said...

stopping and searching people with no reasonable suspicion or probable cause? those dummies who run NY read the Constitution? are they the ones who sent GConfused to Chicago?

1/10/2013 04:29:00 PM  
Blogger Mr. SouthSide said...

The more liberal the laws, the more liberals become lawless.

1/10/2013 05:10:00 PM  
Anonymous Anonymous said...

It is illegal and I don't see why Bloomberg's gangster city should be en exception to that. They did that shit in East Germany and other countries. They don't even do it in China. Tyranny is moving in this country fast and people better wake the fuck up now before it's too late. Stop watching TV - the filth infested garbage that hypnotizes people and makes that addictive to all the bullshit they broadcast while the Constitution is being destroyed by the gangsters on capitol hill in DC (District of Corruption). They stage false flags to take our rights. First take your belt off, then the shoes, then get your body fried with X-rays, pull out your colostomy bag out just to fly a fucking airplane. Drones spying on us in the skies, wiretaps, constant surveilance. Now they want our guns and they threaten executive order to get them while the attorney general gives thousands of guns to Mexican cartels, doesn't recall anything during the hearings and now is ready to take our guns. What's next??? Why are we letting 435 assholes control 315,000,000 people???

1/10/2013 05:11:00 PM  
Anonymous Anonymous said...

can see it now....."hey, we're New York! jewel of America....we survived 9/11 (which they did)....we can do whatever we want!"........hey, folks, what about the Constitution and its references to searches and seizures, and all of the court cases that have supported search and the NY politicians (those affected) and the NYPD bosses (those affected), and to the Chicago PD bosses who "make policy" (i.e., make more stops, get more contact cards).....maybe, just maybe....1) read the US Constitution; 2) try and apply it to the policies and procedures that affect the street cops....
and, hopefully not, some federal judge will haul some police boss(es)into federal court (and, for those that haven't been there, being in a federal courtroom is like no other), and ask those bosses WHY their officers are violating the Constitution, and a Federal Court order (under their direction), and, how much contempt time they are willing to serve in honor of their passion for increasing the number of street stops and contact there any extra set of judge's robes?

1/10/2013 06:05:00 PM  
Anonymous Anonymous said...

Anonymous said...
read the special order on CONTACT CARDS it states that all data will be purged and deleted after one year. This Department is prime for a class action lawsuit because the Department does not adhere to its own Department Directive on the use of information in CONTACT CARDS!

1/10/2013 07:14:00 AM

That's the truth! Hello media?

Once the info on contact cards is entered into the system, it's there forever.

McPimple is doing more with the info than you know. Feds withdrew federal money at one point when CPD was using the data collected on people in illegal ways. Ask anyone assigned to the unit that collected information.

1/10/2013 06:35:00 PM  
Anonymous Anonymous said...

The media is missing a HUGE story by not realizing how important this decision is. Contact cards are one of the biggest parts of McCentralCasting's crime fighting strategy.

1/10/2013 06:38:00 PM  
Anonymous Anonymous said...

Do they still do Bus Checks?

1/10/2013 08:27:00 PM  
Anonymous Anonymous said...

Shouldn't be doing contact cards unless there is pc for the stop or if its normal contact with a victim or citizen etc.

1/10/2013 09:33:00 AM


And that's what's wrong with this department. The fool who wrote the above statement is what's wrong. Learn your job, learn the law. You don't need pc to stop and conduct a field interview, terry stop or what ever you want to call it. You only need reasonable suspicion to do so. If you want to conduct a protective pat down then you need to articulate the reason you may believe that person who you are conducting a field interview with may be in the possession of an item that may be immediately accessible and dangerous to the officer or public. Get it straight please... Probable cause is when you are arresting somebody because you have knowledge that the person has or is committing a crime. Stop talking and pretending you know what your talking about when you clearly have no clue... Your probably the same guy who does a protective pat down for narcotics. You cannot do a pat down solely for the purpose because you think someone has narcotics. Still to this day I hear at court... "I did a field interview and conducted a pat down which I found 15 bags of heroin yada yada yada." And you wonder why it gets tossed for no pc!!!??! Even if you do a pat down for a gun and find dope it's extremely hard to get pc on it for the fact that you have to articulate that youIMMEDIATLY recognized the item to be crack heroin etc which will almost 100 percent of the time get shredded at pc and at motion... So please, read up and learn how to stop somebody legally and what elements you need to perform a field interview... NOT PC!!!

1/10/2013 08:39:00 PM  
Anonymous Anonymous said...


The criminal underclass is a military auxillary of the progressives. The criminals see themselves as taking what's rightfully theirs and waging war against an unjust society. Progressives enable and support this war by supporting ineffective crime policy.

1/10/2013 10:49:00 PM  
Anonymous Anonymous said...

The Constitution is for suckers!

1/11/2013 12:18:00 AM  
Anonymous Anonymous said...

"Regardless of how often you say it, there are still people on this job who think they're impervious to getting jammed-up."

Just as the jails & prisons are full of guys who thought they were smarter than the guy in the next cell, the department has a lot of people who believe "It will never happen to me!"

In most cases they're right (lucky), but the longer you go doing things that can jam you up, the greater the odds that you will stuck.

And just as in "Mission Impossible", the department will disavow any knowledge of you.

Be careful.


1/11/2013 12:22:00 AM  
Anonymous Anonymous said...

Thank you judges, watch crime go up. Tie law enforcements hands and give shit heads more slack

1/11/2013 05:59:00 AM  
Anonymous Anonymous said...

All my contact cards come from the same crazy homeless guy that gives me a new name every time I ask him. I throw him some cash when he looks hungry. It's a great relationship.

He's great for the stats.

1/11/2013 06:43:00 PM  
Anonymous Anonymous said...

So Glad I am retired. i don't have to work for the "Obama Times" now a Federal Judge,Nizzi at that makes this a law. WTF

1/10/2013 04:46:00 AM


1/11/2013 10:20:00 PM  
Anonymous retired guy said...

Not indemified ? When did that happen. Yes, I am retired, but it was always the fact that the city would back you up in court with attorneys and fees along as you were not grossly over the top in your actions. If they do not do that now, thgen I also would not do any work .

1/12/2013 01:15:00 PM  
Anonymous Anonymous said...

Didn't they address this years ago with the street files?
Or was that a consent decree?

1/16/2013 01:24:00 AM  

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