NYC Police Can Continue Stop-and-Frisk During Appeal

Jan 23, 2013 - by - 0 Comments

Jan. 22, 2013 Bloomberg

A federal judge said the New York City Police Department can continue to make “trespass” stops outside of privately owned buildings in the Bronx after previously ruling that the practice may be unconstitutional.

U.S. District Judge Shira Scheindlin in Manhattan today agreed to halt immediate enforcement of her Jan. 8 ruling ordering the NYPD to cease its “stop-and-frisk” practices while the city appeals. She also denied a request by the city to postpone the trial of a related case scheduled to begin in March.

“Despite my reservations regarding the likelihood of defendants’ success on appeal, however, I recognize that reversal is always a possibility,” Scheindlin said today.

“The opinion acknowledges at the outset that many of the questions raised by stop-and-frisk are not easily answered and that it may be difficult to say where, precisely, to draw the line between constitutional and unconstitutional police encounters.”

The Jan. 8 ruling followed a hearing held by Scheindlin from Oct. 15 to Nov. 7 in a lawsuit filed last year by a group of black and Latino residents challenging police stops of individuals outside buildings enrolled in the city’s Trespass Affidavit Program, or TAP.

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