NY Times The long-awaited decision declaring the New York Police Department’s use of stop-and-frisk
tactics unconstitutional was mostly expected; even the staunchest
defenders of the practice anticipated that Judge Shira A. Scheindlin
would find the stops violated the Fourth Amendment’s protections against
unreasonable searches and seizures.
But it was her other finding — that the police had violated the 14th
Amendment by engaging in racial profiling in carrying out those stops —
that drew blood.
The police commissioner, Raymond W. Kelly, said he found the racial
profiling characterization “most disturbing and offensive,” as well as
“recklessly untrue.”
There is little precedent for a local police force to go to trial in
such a case, or for a judge to issue such a verdict. In the process,
Judge Scheindlin coined a term, “indirect racial profiling,” to explain
how the department’s reliance on data indicating that black men
committed a disproportionate amount of crime led to what she saw as
violations of the Constitution.[...]
The “city’s highest officials,” Judge Scheindlin wrote, “have willfully
ignored overwhelming proof that the policy of targeting ‘the right
people’ is racially discriminatory.”
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