Mayor Bloomberg Vetoes Veto-Proof Stop And Frisk Bills Because He's Mayor Bloomberg

from the pointless-flexing-of-rapidly-atrophying-political-muscle dept

NY mayor Michael Bloomberg is on his way out, Police Chief Ray Kelly is on the defensive, and stop and frisk is on the ropes, having recently been declared unconstitutional. Kelly and Bloomberg were both very upset by the decision, with Bloomberg himself promising the streets would run red with the blood of slain New Yorkers if the NYPD was unable to routinely violate the Fourth Amendment.

So, there’s one major blow to Bloomberg and Kelly’s minority harassment stop and frisk program. Of course, that decision is being appealed, which will stave off any return to normal, non-constitution-violating policework for the time being. In the meantime, the NYPD has a more pressing problem.

Two bills recently passed by the New York City Council target stop and frisk as well, by scaling back police powers and installing an Inspector General to ensure the NYPD doesn’t violate the public’s rights. Bloomberg, of course, threatened to veto these bills and then boldly went ahead and did exactly that, briefly pausing to tell council members that he’d be throwing tons of campaign dollars at anyone who wanted to switch sides. The only problem with Bloomberg’s plan was that both bills arrived on his desk with enough “yea” votes to be veto-immune.

Now Bloomberg’s angry all over again, assuming he stopped being angry at any point during the last couple of weeks. The council pointed out that stop and frisk unfairly targeted minorities, which it does. 88% of those stopped over the past 10 years have been minorities. Here’s a map of last year’s 532,911 stop-and-frisks color-coded by race and geolocated by Damien Spleeters. (Guess which race is represented by the color blue. If you can’t figure it out, click through to this post from the Village Voice for the answer key. Complicating matters is the fact that red represents whites and orange represents Hispanics.)

The data and the district court have come to the same conclusion: stop and frisk unconstitutionally targets minorities. And yet, Bloomberg’s statement on the targeted program echoes Chief Kelly’s bizarre defense of stop and frisk from a week ago:

Mr. Bloomberg disagreed, claiming “minority communities across our city” would suffer, the Post reported.

“The City Council adopted legislation that will make it harder for our police officers to protect New Yorkers and continue to drive down crime,” he said.

Just how will the minorities “suffer” from this lack of harassment? Too much freedom of movement? Hands going soft and uncalloused from the lack of contact with nearby surfaces? The disruption of day-to-day routine? Future minority youths being constantly annoyed by their parents’ stories about how back in THEIR day, the walk to school was up against the wall BOTH WAYS?

As for “continuing” to drive down crime? Well, while New York’s violent crime rate has declined significantly since highs in the late 80s-early 90s, the murder rate — a statistic both Bloomberg and Kelly have promised will skyrocket if stop and frisk is curtailed — has remained relatively flat over the last decade. If this program is so successful in getting guns off the street and curtailing violent crime, one would expect steadier trend downward. At best, the program is maintaining the status quo. Murder rates in New York are still above the national average (per 100,000 persons), along with robberies and assaults. Property crime has decreased dramatically but you wouldn’t know it from Bloomberg’s go-to defense of the program. According to Bloomberg, killing off stop and frisk will kill off thousands of New Yorkers, and whoever takes his position next year will be the new mayor of Murderville, USA, a position currently held by Rahm Emanuel.

One final point: Bloomberg and Kelly are both surveillance fanatics who harbor the desire to turn New York City into London in terms of number of cameras per square foot. Surveillance proponents like these two often make light of the public’s concerns, offering up the much abused phrase, “If you’ve got nothing to hide, you’ve got nothing to fear.”

When it comes to appointing an Inspector General to do a bit of internal surveillance on the NYPD, both the mayor and police chief are vehemently against it. Why? Public servants surely have no “expectation of privacy,” especially if the surveilled public doesn’t. And certainly the mayor’s faultless personal army has nothing to fear from some additional oversight… at least not if it doesn’t have anything to hide.

Filed Under: michael bloomberg, nypd, ray kelly, stop and frisk, veto

Gun Runner Uses Instagram Account To Sabotage Own Criminal Enterprise, And Bloomberg Still Thinks It's A Win For Stop And Frisk

from the I'm-beginning-to-wish-the-term-'Bloomberg-Terminal'-was-a-headline-i dept

The largest gun bust in New York City’s history is the culmination of two factors: regular police work and one stupid criminal. 19 indictments and 254 guns seized — and it all started with an aspiring Brooklyn rapper who started selling guns out of his studio.

Neno Best, another hip hop artists who seemingly believes “Scarface” is a blueprint for success rather than a cautionary tale of unchecked excess, began uploading videos and photos of guns and cash to his Instagram account. These were spotted by NYPD narcotics officers (don’t Instagram your drug purchases, kids) who passed it on to undercover agents who soon were all over Best and his studio visitors.

When criminals use social media to brag about their exploits, the police are never far behind. There’s an entire body of work just here at Techdirt that testifies to that fact. Best’s attempt to outdo the TSA’s collection of Instagrammed guns brought down an entire criminal enterprise. There was plenty of solid investigative work along the way as well, as NYPD undercover officers tracked suspects as far south as South Carolina.

What this isn’t, however, is what Bloomberg is trying to spin it as: a stop and frisk triumph. The mayor desperately needs a win chalked up in this column as a circuit court and his own city council have turned against the (officially) unconstitutional program. But even for this avid police statist, the following statement is a stretch. (CAUTION: linked article contains autoplay video because USA Today’s web team is presumably composed of misanthropes and sociopaths.)

Bloomberg also provided a transcript of a comment attributed to suspect Campbell in a wiretap that indicated the city’s controversial “stop and frisk” policy made selling weapons in the city more difficult: “I can’t leave until you come, cause I can’t take them (guns) to my house, to my side of town cause I’m in Brownsville (a section of Brooklyn). So we got like, whatchamacallit, stop and frisk.”

Yeah. This hastily applied bit of post hoc narrative directly follows Bloomberg’s statement that court-ordered wiretaps helped identify the suspects. All this shows is that a court-ordered (i.e., compliant with the Fourth Amendment) wiretap caught someone deciding not to move guns around the city at one point in time. This had nothing to do with capturing these suspects — the wiretaps did all the heavy lifting. It didn’t even make it that much tougher to sell the weapons — Campbell just needed to wait for a ride.

In Bloomberg’s mind, a gun runner deciding to keep the illegal guns in one place momentarily is a win for stop and frisk. This is just as lousy as Kelly’s post-circuit court decision press conference statement that pursuing a suspect that was already running from the police (because he had just dropped a duffel bag full of heroin into his vehicle’s trunk) was a victory for stop and frisk.

In the first, the statement is caught on a court-ordered wiretap as part of an ongoing investigation. In the latter, the patrolling officers had plenty of probable cause. Neither situation involved grabbing a random person and patting them down.

If anything, both instances show that regular, constitutionally-compliant police work still captures plenty of criminals. And both instances undercut their defense of the program, something neither official seems to realize.

Filed Under: gun running, instagram, michael bloomberg, neno best, nyc, stop and frisk

NYPD Chief Says Ending Stop And Frisk Will 'Hurt Minorities,' Result In A Surge Of Criminal Activity

from the wrong-on-both-counts dept

We’ve all heard Bloomberg’s defense of the NYPD’s officially unconstitutional stop and frisk program. Basically, the mayor claims that without being able to harass thousands of minorities a year (88% of whom are never charged, detained or given a summons), the city will immediately fall prey to a crimewave of epic proportions.

In fact, the hint of any sort of regulation or oversight is also greeted by the mayor’s proclamations that, if implemented, the streets will run red with the blood of the innocent (also: cops). According to Bloomberg, any additional layer of oversight will so severely impair the decision-making skills of his police force, they’ll be unable to respond to a pulled gun with anything other than dying.

So, now we’ll have another layer of monitors… You’re a police officer. You have to know what orders to follow. If somebody pulls a gun and you WANT TO GET HOME, you don’t have time to say, “Well, now wait a second, the commissioner said one thing, the monitor said another and the IG said another.” By that time, you’re dead.

Fortunately, Bloomberg will be leaving office soon and won’t have to bear the burden of a “bunch of people dying” (his words) as a result of this recent court decision. On the other hand, Police Chief Ray Kelly may be around long enough to see his stop and frisk program hampered by oversight and the Constitution, provided he doesn’t bolt for the Department of Homeland Security beforehand.

Faced with this still-under-appeal reality, Kelly has been making the rounds to various talk shows, offering his defense of the stop and frisk program. His wording suggests he and Bloomberg have been reading over each other’s shoulders.

“The losers in this, if this case is allowed to stand, are people who live in minority communities,” he said on CBS’ Face the Nation. He noted that 97% of shooting victims are black or Hispanic, reasoned that similar demographics apply if a stop deters a killing and added that there have been more than 7,300 fewer killings in the 11 full years of Mayor Michael Bloomberg’s tenure so far than in the 11 years before.

I’d like to hear from some minorities if that’s OK with you, Kelly. I’d like to see if they’re willing to “trade off” a little bit of theoretical safety for the freedom to walk around without being judged as “furtive” or “suspicious” or “not white.” You’ll have to forgive me for not taking your word for it.

Kelly states crime stats as if that excuses the violations committed by his officers. It doesn’t. Judge Scheindlin refused to consider the lowered crime rates as justification for constitutional violations. We’ve all heard the phrase, “the end justifies the means,” and it’s never used in reference to appropriate “means.” But Kelly and Bloomberg do this all the time in reference to stop and frisk. “Our crime rate is historically low, therefore we’ll do whatever we want to maintain it.” Not acceptable.

Once the stats have been presented, it’s time to switch to Argument B — the violent crime spectre.

If stop and frisk were abandoned, “no question about it —violent crime will go up,” he said on NBC’s Meet the Press.

This is one of stop and frisk defenders’ favorite claims, one that plays on irrational fear. Irrational fear is one of the government’s biggest allies, whether it’s the DHS or a local police force. Claiming bad things will happen keeps bad laws and policies in place. As long as the laws and policies stay on the books and “bad things” fail to happen, officials are constantly “proven” right.

Citing these irrational fears also prevents these laws and policies from being struck down. There are very few government officials willing to roll back anything out of fear that if something bad does happen, the blame will rest squarely on those who removed the so-called safeguard.

Kelly’s repetition of this argument is the most self-serving of rhetoric, seeing as it’s almost completely failsafe. Should there be an uptick in criminal activity post-stop and frisk, the supporters will point out that they warned this would happen. It doesn’t even have to be a large or sustained uptick. All it takes is a couple of random acts of violence to trigger the “I told you so” contingent.

It’s a win-win argument, even at this point. As the appeals process rolls on, crime level fluctuations will be watched and deployed by stop and frisk supporters. If crime stays at its present rate or slides lower, it will be held up as evidence that unconstitutional searches work. If it heads up, Kelly, Bloomberg et al will claim the “uncertainty” surrounding the court’s decision is impairing police work.

Filed Under: minorities, nypd, ray kelly, stop and frisk, up is down

Mayor Bloomberg Loves Cameras Watching Everyone… Except His Cops

from the the-public's-best-interest-is-rarely-served-by-a-billionaire/police-chief-ta dept

One of the directives ordered by Judge Scheindlin in her decision declaring New York City’s stop and frisk program unconstitutional was to equip NYPD officers with body cameras. Mayor Bloomberg treated this suggestion derisively during his post-decision press conference apoplexy, as he sarcastically channeled the “common man’s” complaints about cop-operated cameras.

A camera on the lapel or hat of a police officer… He didn’t turn the right way. My god, he DELIBERATELY did it. It’s a solution that’s not a solution…

For a guy who really seems to love aiming cameras at civilians, Bloomberg sure isn’t much for aiming any at his “personal army.” I’m sure it galls him that his NYPD (and that’s how he thinks of it — his) might have to be subjected to extra scrutiny and accountability, like some sort of common police force in Podunksville, USA (read: anywhere other than NYC).

The thing is, the evidence (what exists of it) shows body cameras are a net gain, both for cops and civilians. As Hephaestus pointed out in his comment on another cops-and-cameras story, Rialto’s (CA) police department saw significant improvements in a couple of problem areas as a result of department-issued body cams.

When cops in a Rialto, California were forced to wear cameras, their use of force dropped by over two-thirds. Additionally, the officers who were not made to wear the cameras used force twice as much as those who did. This strongly suggests the majority of the time police use force is unnecessary. In other words, the majority of the time these officers used force they were simply committing acts of violence which they don’t feel comfortable committing if it’s captured on film…

The Rialto study began in February 2012 and will run until this July. The results from the first 12 months are striking. Even with only half of the 54 uniformed patrol officers wearing cameras at any given time, the department over all had an 88 percent decline in the number of complaints filed against officers, compared with the 12 months before the study, to 3 from 24.

A better behaved police force is a more effective police force, one that’s not bogged down in departmental paperwork, internal investigations and court battles that the deployment of excessive force tends to bring with it.

Out in Florida, police departments are seeing similar results.

Officer Rininger says one of the goals of using these [cameras] is to hold cops more accountable, and keep them from crossing the line.

“You have the video actually from the time of the incident and not just the officer’s hearsay,” says Officer Rininger. “Officers who are equipped with cameras, their use of forces are lower.”

The statistics back that up. According to a new study by Cambridge University, agencies who used these cameras cut their excessive force complaints in half over the course of a year.

But it’s not just cops being better behaved. Police officers using these cameras have discovered the citizens they interact with are also better behaved.

“They are great tools for not only recording what you would expect, but they also seem to have great impact in ensuring civility during police interactions,” said John DeCarlo, a University of New Haven associate professor of criminal justice and former Branford police chief.

Hamden Police Chief Thomas Wydra said law enforcement agencies using the technology across the country have seen improvement in the behavior of both parties, police and public.

“People behave more professionally, and they simply are more professional with each other,” Wydra said.

No cop wants to show up at a call and have to deal with nothing but assholes. Likewise for civilians. With a camera recording everything being said, the dialog tends to be lower key. Every encounter has a chance to be part of someone’s (cop or member of the public) permanent record, so to speak. Being an asshole may not be a crime, but it’s seldom helpful when one party insists on being antagonistic.

The presence of a body camera also levels the playing field somewhat, especially for cops who still are uncomfortable with citizens recording their actions. With every citizen carrying a cell phone, a cop’s body camera puts a second set of “eyes” on the situation.

[I]n a world where 90 percent of adults have a recording device in their pocket — a cellphone or smartphone — perceptions are changing.

Some New Haven officers have purchased body cameras on their own, Esserman said. It’s a stark contrast from a time when many officers were highly skeptical of dashboard cameras.

“Years ago it was imposed on officers; now it seems many officers think it’s in their best interest,” he said. “I think the world has changed and people are much more comfortable with cameras than they used to be.”

In Branford, Halloran said body cameras have been embraced by his officers.

“Now the attitude of the officers are, if there’s a camera broken down, ‘Well, I want a camera. I’m not going on the road without a camera,’” Halloran said.

Mesa, AZ’s police department has experienced a similar drop in uses of excessive force and citizen complaints.

The Mesa Police Department is currently in the eighth month of its own year-long trial program with body cameras. Sergeant Tony Landato said the cameras “really have been an assist.” He added that “obviously we have mixed emotions among some of our members, there are people who don’t want that 24-hour scrutiny. But overall it’s been a very positive thing.”

Taser International, the company that manufactures the eponymous stun gun, also makes body-worn cameras. Steve Tuttle, a Taser vice president, said the cameras can be a hard sell — until police officers discover the video can be used to back them up. And then, Tuttle mirrored Sergeant Landato’s experience. “Once they’ve had a complaint, and realize ‘Oh my gosh, there is a video of this,’ that changes their feelings very quickly.” Tuttle said the cameras reduced complaints against police by “a dramatic number.”

With all these positives comes the negative aspects. Obviously, there’s a privacy concern. Collected video can be considered a public record, but interactions with people inside their homes or places of business might still be subject to an expectation of privacy. There’s also a concern about stored footage of people who happen to be at the scene but are not involved with the criminal activity or interaction being recorded.

Sergeant Robert Drager is the technical manager of the body camera program in Albuquerque. He says once you’re crossed the logistical hurdles of the program — is the camera recording? is the battery going to last longer than an hour? — officers still have to deal with the massive amounts of data produced by the videos. An example: Drager says that in Albuquerque, in four months just 70 police officers have recorded 30,000 videos. And there’s more.

“Officers a lot of times are seeing people on the worst day of their lives, and we’re capturing that on video that’s now a public record,” he said. “We’re in the process of trying to create an entire unit to deal with all the media requests and public records requests.”

Another concern is that cop-controlled cameras will be abused in order to cover up wrongdoing. To that end, most camera systems have built-in safeguards to minimize any post-recording manipulation or gaps in coverage.

Rialto’s camera system attacks this problem by running a constant 30-second “pre-event” buffer. This way the event that prompts the officer to turn on the camera is more likely to be caught on tape. This won’t do much for officers who leave their cameras off, but its assumed that video reviews of the day’s events will expose any glaring gaps or omissions.

Branford, CT’s system auto-uploads all footage into cloud storage maintained by Amazon the moment the camera hits the charger. Bellvue, NE’s system prevents video editing on the camera itself and uses a proprietary cord to download the video from the camera.

None of these systems are completely immune to abuse, but as the systems become more common, improvements in these areas will follow.

Even with limited evidence, Bloomberg’s resistance to outfitting the NYPD with body cameras feels more like an authoritarian kneejerk reaction than one borne out of any serious thought. (Much like most of the press conference…) He and Ray Kelly’s love for CCTV is similarly wrongheaded. The full report on Rialto’s body camera experiment points out the limitations of surveillance cameras in terms of reducing certain kinds of criminal activity.

CCTV cameras were found to be weak behavior modifiers not because of a flaw in the self-awareness paradigm or the deterrence theory. Rather, the level of certainty of being apprehended necessary for the self-awareness mechanism, which would lead to socially-desirable behavior, is not high enough in CCTV. If cameras are expected to influence behavior and to serve as cues that social norms or legal rules must be followed, then the cue “dosage” of awareness must be intense. Mobile cameras are likely to have this effect.

Whoever ends up running the city will be faced with the possibility of outfitting the NYPD with body cameras. Let’s hope it’s someone who recognizes that the benefits to both the police department and the public will far outweigh any potential downsides. With Kelly possibly leaving his post as well, the new mayor may have an easier time implementing this should the NYPD’s appeal of the decision fail. New Yorkers should hope this is done sooner rather than later as this tactic, more than any other order issued by the judge, has the greatest possibility of improving the NYPD’s civil rights record.

Filed Under: cameras, michael bloomberg, nypd, police, stop and frisk

Annoyed NY Mayor Attacks Court Decision On Stop And Frisk With Condescension And Hyperbole

from the I,-for-one,-hope-the-door-hits-him-in-the-ass-SEVERAL-TIMES-on-his-way-out dept

New York’s Mayor Bloomberg and Police Chief Ray Kelly held a press conference to register their dismay at the court decision declaring the city’s controversial “stop and frisk” program to be unconstitutional. As is to be expected, the decision will be challenged and, as is also to be expected, the Mayor and police chief wasted little time deploying their talking points in its defense. (Note on the embed: Video quality is terrible but this is only version of the entire press conference. Both the Mayor’s Youtube account and NYC.gov website contain only a 12-minute, heavily-edited video of the press conference, one that ONLY shows the prepared statements and removes all of the Mayor’s annoyed “interaction” with the press.)

Bloomberg’s statement went long on crime reduction statistics (something he says the presiding judge [Shira Scheindlin] ignored) claiming the 8,000 guns seized over the past decade have “saved countless lives of blacks and Hispanics.” He also claimed the stop and frisk program (or “stop, question and frisk,” as he and Kelly refer to it) has made New York City the “poster child everyone wants to follow.”

I have no doubt that there are many law enforcement agencies who view the stop and frisk program as desirable, but this says a lot more about law enforcement’s mindset than it does about the program itself. Law enforcement agencies tend to believe Americans have too many rights, as is evidenced by years of rights abuse. Any program that curtails rights and gives officers free rein to stop and frisk citizens would largely believed to be a “good thing.”

Kelly’s defense of the program wasn’t much different. His prepared remarks cited crime statistics and claimed the program was proactive in preventing criminal behavior, again stressing the 8,000 guns taken off the street over the past decade. Bizarrely, Kelly chose to illustrate the importance of the stop and frisk program by relating an anecdote having nothing to do with stop and frisk.

On Saturday a man threw a duffle bag into the trunk of a double-parked car in Washington Heights. When officers approached the man, he ran. That’s suspicious behavior. They found $750,000 worth of heroin in the trunk. They arrested the suspects and spared the untold misery that three-quarters of a million dollars worth of drug addiction can cause to families who can least afford it.

Yes, running from the cops is often suspicious behavior, but the problems with stop and frisk is that it’s deployed without any form of reasonable suspicion to back up the impromptu pat downs and searches. A big drug bust resulting from observed suspicious behavior isn’t nearly the same thing as grabbing a few random minorities and pressing them up against the nearest wall for no apparent reason.

While Kelly’s response was a bit more measured, Bloomberg made it clear that he wasn’t interested in implementing some of the recommendations the judge made in her decision — including additional oversight. Bloomberg (and Kelly) have been against third-party monitoring since day one, with the mayor notably arguing that his prized “army” would be less efficient with independent oversight because it introduces “confusion into the command structure.”

Bloomberg also cited Scott Greenfield’s First Rule of Policing* when criticizing the additional oversight, including the city council’s recent bill to appoint an Inspector General over the NYPD.

*Make it home for dinner.

So, now we’ll have another layer of monitors… You’re a police officer. You have to know what orders to follow. If somebody pulls a gun and you WANT TO GET HOME, you don’t have time to say, “Well, now wait a second, the commissioner said one thing, the monitor said another and the IG said another.” By that time, you’re dead.

In Bloomberg’s world, police are unnecessarily constrained by rules and regulations that prevent them from placing self-preservation above all other considerations. It should be noted that many unarmed citizens have been shot for precisely this Rule, like the recent shooting death of an unarmed teen by a police officer who reassured the homeowners’ whose yard he cut through in pursuit that the teen was not a threat. The teen continued to be “no threat” until the door of the shed he was hiding in flew open and the First Rule of Policing took over.

Bloomberg went on with his answer/diatribe, directing anger at the assembled press, implicating them in this rhetorical officer’s death.

And I’d like to see you go to the funeral and explain to the family why their son or husband or father is not coming home that night.

Bloomberg also addressed the court’s order that officers wear body cameras at all times. According to Bloomberg, the idea is unworkable. He vividly imagined the criticism that would fly once these were implemented.

A camera on the lapel or hat of a police officer… He didn’t turn the right way. My god, he DELIBERATELY did it. It’s a solution that’s not a solution…

There is no doubt always-on cameras can be abused by the officers wearing them. Many departments fight this sort of thing because it creates a layer of accountability, something few police departments welcome. If law enforcement agencies had worked harder over the years to maintain a solid reputation for trustworthiness and rooting out abusive officers from within their own ranks, they wouldn’t be in the position of having mandatory cameras deployed.

Bloomberg’s attitude throughout the press conference varied between confrontational and condescending — a nanny-statist annoyed that his subjects were restless.

A reporter, who questioned his statement that stop and frisk was only opposed by a “handful” of critics and activists by pointing out that he’d come across “hundreds, if not thousands” of critics, received this reply.

Some of these people come from a culture where police are the enemy. Here, police are friends.

What? The American culture has its fair share of people who believe police are the enemy, or at the very least have a long way to go to be considered “friends.” Bloomberg’s been in power so long he’s forgotten (if he ever knew) that an imbalance of power tends to make those with less much more distrustful of those with more. Cops have a lot of power and under Bloomberg this imbalance has only increased.

Bloomberg went even further with this train of thought, first insulting the public and continuing on to disparage the press (again.)

The public are not experts on policing… But if you want to find someone to put on your TV show that says they don’t like this, you can find them.

Bloomberg cut loose with more condescension when fielding a question from Russia Television International about the administration’s fervent defense of the unpopular (and unconstitutional program).

We, unlike many countries, want to keep all of our citizens safe, and keep the crime rate down and make sure that they get home and go to court and protect themselves — unlike other countries in the world.

And again, when asked if the appeals process would allow stop and frisk to continue until Bloomberg is out of office, his response this time was coupled with his usual scare tactics.

Boy, I hope so. I wouldn’t want to be responsible for a lot of people dying.

Yes. Every homicide investigation starts with the mayor being questioned about his involvement.

All in all, the mayor appeared to be completely irritated that his pet program had been questioned (and overruled) by a court decision. In contrast, Chief Kelly’s responses were handled much more gracefully. He didn’t address many questions (and those he did were swiftly taken over by Mayor Bombast Bloomberg) but those he did he handled well, without resorting to scare tactics, condescension or irritability.

For instance, his response to the appointment of independent oversight was simply to state that the appointee would find what he sees every day: good cops doing a good job. The rest he handled by stating the NYPD deploys a “wide variety” of tactics in areas of high crime or by deferring to the city’s legal representative.

It will be some time before the court-ordered changes appear, if they do at all. As stated above, the city will be challenging the ruling and Bloomberg is still hard at work attempting to veto the two bills aimed at stop and frisk that recently passed the city council.

New Yorkers can at least be happy Daddy Bloomberg is on his way out, although the crop of replacement candidates doesn’t seem all that promising. Americans, on the other hand, have to be concerned that the man who headed up the stop and frisk program could soon be heading the Department of Homeland Security, a position that will allow dubious tactics to be deployed at a national level.

In any event, it’s obvious the court’s decisions has pissed off Bloomberg and his “private army” and that can’t be a bad thing.

Filed Under: 4th amendment, michael bloomberg, nypd, ray kelly, stop and frisk, unconstitutional

Federal Judge: NYC Stop And Frisk Violates The 4th Amendment

from the yeah,-no-kidding dept

For anyone who might not know already, New York City’s infamous stop and frisk program is the completely useless policy of the police department to go around randomly molesting anyone they deem to be suspicious, or more correctly described as brown-skinned. It appears that everyone who isn’t a member of the NYPD or the current mayor of New York hates this program as much as I do, including AG Eric Holder and the NY City Council. Still, that didn’t keep Chuck Schumer from trying to export this interracial softcore porn policy to the federal level by recommending Police Chief Ray Kelly as the head of the Department of Homeland Security. Kelly’s resume, however, may take a bit of a hit.

That’s because a federal judge recently declared that the stop and frisk program violated tens of thousands of people’s constitutional rights, which is the kind of thing that most folks frown on.

In a decision issued on Monday, the judge, Shira A. Scheindlin, ruled that police officers have for years been systematically stopping innocent people in the street without any objective reason to suspect them of wrongdoing. Officers often frisked these people, usually young minority men, for weapons or searched their pockets for contraband, like drugs, before letting them go, according to the 195-page decision.

These stop-and-frisk episodes, which soared in number over the last decade as crime continued to decline, demonstrated a widespread disregard for the Fourth Amendment, which protects against unreasonable searches and seizures by the government, according to the ruling. It also found violations with the 14th Amendment.

Now, it’s worth noting that Scheindlin didn’t order that the program be stopped immediately or set a time and date for Mayor Bloomberg’s lobotomy, which I found disappointing, but instead has appointed an outside legal counsel to oversee the police department and ensure that any random stopping and frisking of citizens is done constitutionally. That means no stops without reasonable suspicion. The problem, however, has been how police officers thus far have fudged their own reports on why they were stopping people.

While the Supreme Court has long recognized the right of police officers to briefly stop and investigate people who are behaving suspiciously, Judge Scheindlin found that the New York police had overstepped that authority. She found that officers were too quick to deem as suspicious behavior that was perfectly innocent, in effect watering down the legal standard required for a stop.

Obviously no outside legal overseer is going to be able to witness any sizable number of these stops, meaning there is a high likelihood that officers will continue to manufacture suspicion that is unfounded. In addition, it’s well known that police officers consider themselves members of a fraternal organization, with all of the implications such a membership carries with it. How accurate a picture this outside counsel will get of these stops moving forward is an open question with a likely problematic answer.

That’s why, while we should all be pleased that Judge Scheindlin ruled against stop and frisk, I think it would have been far better to scrap it entirely and make police play by the rules that are already prescribed by our constitution.

Filed Under: 4th amendment, crime, discriminatory, michael bloomberg, nyc, nypd, privacy, ray kelly, search, shira scheindlin, stop and frisk

Up Against The Wall, America! Sen. Schumer Touts NYPD Chief Kelly For Next Head Of Homeland Security

from the if-anyone-has-any-reason-why-these-two-should-not-be-joined... dept

Janet Napolitano is leaving her post as the head of the DHS and leaving a vacancy that some (particularly Sen. Chuck Schumer) think would be best filled by Ray “Stop and Frisk” Kelly. (Or, if you prefer, Ray “Privacy Is Off the Table” Kelly.)

This isn’t a particularly surprising selection. Schumer’s home state is New York and picking Kelly is sort of a no-brainer. As Mike Riggs at Reason points out, the case for Kelly as head of the DHS goes all the way back to 2008, when national security insiders floated the suggestion.

Unfortunately for fans of civil liberties, adding Ray Kelly to the DHS takes a bad thing and makes it worse.

First off, there’s the NYPD’s infamous stop and frisk program, which has targeted minority youths almost exclusively. Putting Kelly in charge of Homeland Security is just asking for a national rollout of stop and frisk, bringing the fun of being a minority in New York City to citizens around the country. There’s no dissuading Kelly (or Commander in Chief of the “seventh largest military in the world,” Mayor Bloomberg) of its effectiveness, even if the numbers don’t back up their claims.

Kelly also famously announced that “privacy is off the table” as a result of the Boston bombing. Kelly has no qualms about expanding law enforcement surveillance networks, no matter how unpopular it is with the public. He has expressed his admiration for London’s network of cameras, which he hopes to emulate in New York City. The NYPD has taken steps towards all-encompassing surveillance aided by (oddly enough) Microsoft. Take that set of ideals and expand it nationwide.

Despite his willingness to invade everyone else’s privacy, Kelly’s own police force is positively opaque when it comes to transparency. FOIA requests are routinely stonewalled when not being actively battled in courtrooms, much to the dismay of taxpayers’ wallets.

The one thing Kelly does feel government/law enforcement/intelligence agencies should be open about is how much spying they’re planning on doing. His only reaction to the NSA leaks was dismay at the fact that the NSA didn’t just tell Americans they’re going to be spied on.

“I don’t think it ever should have been made secret,” Kelly said yesterday, breaking ranks with other US law-enforcement officials. “I think the American public can accept the fact if you tell them that every time you pick up the phone, it’s going to be recorded and it goes to the government. I think the public can understand that. I see no reason why that program was placed in the secret category.

There’s Kelly’s version of transparency: telling the public how its privacy is going to be violated. If nothing else, Kelly’s theoretical term as the head of the DHS would result in a brave, new world of confrontational transparency — top-down blasts of invasive programs, delivered in a like-it-or-leave-it tone that leaves no room for debate or discussion.

Beyond this, we also have the NYPD’s pitiable record of constitutional violations when it comes to its joint anti-terrorist efforts with the FBI. Plenty of spying, surveillance and privacy violations. Very little in the way of actual terrorists rounded up.

So, here’s a guy with a track record that features a combination of wholesale civil liberties violations and an aversion to any form of accountability. Kelly has proven he’s willing to alienate constituents in pursuit of an all-encompassing police/surveillance presence. He’s also made it clear that he unreservedly buys into the “because terrorism” rhetoric.

Unfortunately for America, every listed argument against Kelly as head of the DHS is a point for him under the current administration. The boundless expansion of Bush’s domestic surveillance under Obama has laid the perfect foundation for a man who believes citizens should be seen and heard — at all times. If the Constitution is holding back a preferred program, there’s always the secret court ready to provide secret interpretations of existing laws, thus assuring that everything is properly overseen and above board.

Kelly isn’t necessarily a “yes man,” but he’s a perfect fit for an agency that has steadily trampled on the Constitution since its formation. The “welcomed debate” on privacy vs. security would become little more than a faint memory. Kelly’s arrival would signal an end to the discussion no one in Washington really wants to have. There are precious few people who believe the DHS and its accompanying agencies weren’t invasive enough, but adding Kelly to the mix should take that number down to zero.

It’s Kelly’s world. You’re all just living in it “persons of interest.”

Filed Under: chuck schumer, dhs, homeland security, janet napolitano, mike bloomberg, nypd, ray kelly, stop and frisk

Mayor Bloomberg Opens Own Wallet To Erect Protective Wall Of Money Around His Beloved Stop And Frisk Program

from the this-stack-of-cash-says-your-rights-are-invalid dept

We wrote recently about New York City Mayor Mike Bloomberg’s apoplectic response to the passage of two bills aimed at his beloved stop and frisk program. In addition to claiming the city would fall immediately and be beset on all sides by the tyranny of evil men swept up in an unprecedented crime wave (which would seem to imply stop and frisk isn’t catching that many criminals), he also promised to veto both bills despite both having landed on his desk with veto-proof votes.

The odds are stacked against him and the city council doesn’t currently seem to be stocked with a large number of Bloomberg supporters, but the Mayor’s apparently not going to let others not take “No” for an answer.

Aides and advisors said the billionaire lame-duck mayor intends to use some of his fortune to influence the outcome of a vote to override his coming veto of measures to install an NYPD inspector general and to modify the controversial stop-and-frisk program.

Now, if we didn’t participate in a democratic system that is rarely, if ever, abused [brief pause to reinsert still-rolling eyes back in sockets], one could easily mistake Bloomberg’s statement to mean he’s going to reach into his deep pockets and start handing out bribes. That, of course, would be illegal. Instead, he’s going to go the morally acceptable route [pause to tighten eyeroll-resistant goggles] and throw his money into various campaign war chests.

“The bottom line is I make no bones about it, I’m telling you I’m going to support those candidates,” said Bloomberg. “Some of these things are life and death issues, like these two horrendous bills in the City Council and they’re going to put our police officers at risk and they’re going to put the public at risk and I’ve got an obligation to tell people that.”

Once again, the criminal apocalypse is nigh and only Bloomberg’s constitutionally-unsound stop and frisk program can prevent it. Part of Bloomberg’s billions will now be flowing directly to those who share his views — specifically, that the NYPD is the mayor’s personal army, and that any attempt to provide it with oversight or steer it away from violating civil liberties en masse will weaken the force and damage the city.

Even if Bloomberg fails to secure the vetoes before he leaves office, he appears willing to spare no expense stacking the legislative deck in order to see these new laws repealed or gutted. He’ll no longer have the title and everything that comes with it, but if he spends his money wisely (or just spends enough of it), he’ll still be able to keep at least one hand on the reins.

Filed Under: mike bloomberg, money and politics, nyc, stop and frisk

NYC Council Angers Mayor Bloomberg By Passing Two Bills Aimed At Curtailing The NYPD's 'Stop And Frisk' Program

from the a-despot-and-his-enforcers dept

It appears the New York City council would like to see some changes in the NYPD. Two bills were passed recently (known together as the “Community Safety Act”) that have put Mayor Bloomberg and Chief of Police Ray Kelly on the defensive.

The first seeks to install independent oversight of the NYPD, something the Dept. of Justice itself recommends. (The DOJ’s recommendation is contingent on a judicial decision finding the department’s “Stop and Frisk” program unconstitutional.) This, of course, has enraged Mayor Bloomberg, who’s definitely not interested in anyone policing his “personal army.” (Just in case anyone feels the previous sentence is hyperbolic, here’s the mayor’s quote, which he delivered during a speech at MIT in 2011.)

“I have my own army in the NYPD, which is the seventh biggest army in the world. I have my own State Department, much to Foggy Bottom’s annoyance. We have the United Nations in New York, and so we have an entree into the diplomatic world that Washington does not have,” Mayor Bloomberg said.

Bloomberg’s reaction to the DOJ’s recommendation echoed his previous audacious statement.

The U.S. Department of Justice filed papers Wednesday saying that if a federal judge ruled the NYPD’s practices unconstitutional, then the DOJ would strongly endorse the use of a monitor to oversee changes at the department.

The mayor, however, said that the police department needs a clear line of authority. “No military organization or paramilitary runs where you have confusion in the command structure. You just cannot have that. Lives are on the line,” he said in a question-and-answer session with reporters.

Part of the NYPD’s problem is Mayor Bloomberg himself. The fact that he regards the police department as both “his” and a “military organization” is indicative of his mindset. Bloomberg wants a military force policing his city and has done everything in his power to bring his own brand of martial law to NYC. For its own good, of course.

With this bill passing with enough votes to override his veto, Bloomberg has gone on the attack (along with Chief Kelly), throwing around statements that give the impression New York City is only a single militarized policeman away from a crippling crimewave. The balance is apparently so delicate that any change will destroy the balance and put millions of New Yorker’s in jeopardy.

In separate appearances, Mayor Michael R. Bloomberg and his police commissioner, Raymond W. Kelly, sought to portray the bills — one aimed at increasing oversight of the Police Department and the other at expanding the ability to sue over racial profiling by officers — as a divisive tool that would undermine the police’s efforts to get guns off the streets and continue to lower the murder rate.

The problem is neither of these statements are true. Stop and frisk doesn’t get guns off the street or lower the murder rate. The NYCLU’s report on stop and frisk showed the total number of weapons recovered in 2012 increased by a total of 96 guns compared with 2003 (pre-stop and frisk), an increase of 0.02%. And as the NYCLU’s Donna Lieberman pointed out, homicide numbers were dropping before the stop and frisk program was introduced and homicide rates have decreased more dramatically in other large cities.

The first threat to Bloomberg’s “personal army” doesn’t take effect until Jan. 1st, 2014, meaning this decision would be passed on to the next mayor of New York City. Bloomberg can veto this bill (and will) but it has the support needed to override his veto (it passed 40-11; the override threshold is 34 votes).

The second bill takes aim at the “racial profiling” aspects of the stop and frisk program. As has been noted, 87% of those stopped and frisked over the last decade have been black or Latino. This percentage would be enough to indicate profiling, but even more damning evidence came to light during the still-ongoing lawsuit. A secret recording caught a commanding officer stating explicitly the targets of stop and frisk: “I told you at roll call, and I have no problem telling you this, male blacks 14 to 20, 21.”

By expanding the definition of “profiling” to include “age, gender, housing status and sexual orientation” and allowing individuals to sue police in state court for “policies that disproportionately affect people in any protected categories without serving a significant law enforcement goal,” the city council hopes to make the first moves towards killing off the stop and frisk program.

As was stated earlier, Bloomberg feels this sort of “interference” would be “harmful” to his “military.” His efforts to kill this legislation will include attempts to “turn” a councilperson in order to eliminate the 34th vote needed to override his veto. Even in this, the Mayor took the time to evoke the “victims” of independent oversight and additional NYPD culpability.

He declined to say how he might persuade one council member to switch positions, saying only: “This is a fight to defend your life and your kids’ lives. You can rest assured that I will not give up for one minute.”

If the NYPD resists these reforms as much as their “personal leader” does, it could actually mean a jump in crime numbers. The NYPD may decide to simply do less enforcement or deterrence in order to prove that the meddling bills did indeed “undermine police efforts.” And it wouldn’t take much to persuade many of these cops to “do less.” Like many personal armies, the NYPD is home to plenty of low-level corruption and laziness.

Ten percent of them were malcontents who worked as little as possible. Unless they are being paid overtime, officers seem to avoid writing summonses. Indeed, some police officers need to be weaned of the idea that they are paid to drive around in their patrol cars, eating doughnuts.

And those sentiments came not from critics of the department, but from police commanders and city lawyers.

If the perfect storm comes together, the NYPD could be facing independent oversight and a major disruption in the “stop and frisk” process, if not an actual judicial decision declaring the whole thing unconstitutional. Judging from what we’ve seen so far, we can expect future reactions from Bloomberg and the NYPD to range from “ugly” to “uglier.”

Filed Under: doj, michael bloomberg, nyc, nypd, ray kelly, stop and frisk

Eric Holder Wants To Stop And Frisk The NYPD

from the competition:-who-can-abuse-civil-rights-more? dept

The NYPD really loves its stop and frisk policy. The prospect of randomly stopping exclusively minorities a random selection of New Yorkers really excites the department. And why not? The practice has done wonders to prevent crime in the city. Well, if you define “crime” as pot possession. Because the policy hasn’t accomplished much of anything else.

Now the constitutionality of the policy is in jeopardy, awaiting a decision from Judge Shira “Don’t Call Me Judy” Scheindlin, the judge the City decided to embarrass by commissioning a report accusing her of bias because the City is incredibly stupid.

When and if (OK, “when”) Judge Scheindlin strikes down the current iteration of the policy, Eric Holder has a suggestion for how to remedy the violation. And Mayor Mike Bloomberg is none too pleased…

The Attorney General’s office filed a brief yesterday outlining one option Judge Scheindlin might consider in awarding injunctive relief:

The News reports that U.S. Attorney General Eric Holder’s office filed a brief yesterday requesting that if the NYPD loses the case and its stop-and-frisk policies are found to be illegal, “the court has wide discretion to enter injunctive relief,” which “may include the appointment of an independent monitor.” … Mayor Bloomberg is reportedly “outraged.”

And we all know what an “outraged” Michael Bloomberg looks like.

Alex Pareene of Salon notes:

The NYPD obviously needs a monitor. The city argues that the department’s own internal affairs bureau is oversight enough, but the IAB has failed to uncover or prosecute an array of recent examples of police misconduct and IAB veterans and plenty of cops who’ve dealt with the bureau say it’s slow, incompetent, and bordering on corrupt. New York’s Civilian Complaint Review Board is independent and thorough, but it also has no authority beyond issuing recommendations to the commissioner. A complete lack of accountability and oversight is part of Bloomberg’s governing philosophy, which holds that he should be able to appoint people who answer only to him, and then those people should be in charge forever.

Not only is New York’s IAB suspect, there are rumors (which I’ve been unable to confirm) that the Manhattan District Attorney is moving the office of the prosecutors assigned to these cases from an undisclosed location back to the main office. Placing prosecutors looking into police misconduct back in a building where multiple cops can watch potential informers enter and exit seems like foolhardy.

For all the flack that Eric Holder is taking (and all the flack Assistant AG Thomas Perez is about to get in his Secretary of Labor confirmation hearings), Holder’s handling of civil rights has been aggressive and commendable:

Holder’s Justice Department has actually had a very impressive record on civil rights cases. His Civil Rights Division, led by Thomas Perez, has not hesitated to investigate police departments for misconduct, and it has forced reforms in cities like in New Orleans. In March of this year, Perez announced an investigation into Cleveland police focusing on excessive force. Thomas Perez is decidedly one of the best things about the Obama administration. That he’d push the Justice Department to weigh in on the NYPD case, over the strong objections of Mayor Bloomberg, is laudable, especially because Obama himself has a strange obsession with winning the mayor’s favor.

If she rules against the City, Judge Scheindlin may not accept the DOJ’s offer, but it looks logical on paper. Federal agents pulling rank all over town is sure to make Bloomberg and the NYPD even angrier.

I guess the City doesn’t like being singled out and subjected to humiliating spot searches to guarantee that it’s in full compliance with the law. Go figure.

Filed Under: civil liberties, doj, eric holder, michael bloomberg, nypd, stop and frisk