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Study: Thousands of NYPD Stops Unjustified; Kelly Rips Study


Tens of thousands of times over the past six years, the police have stopped and questioned people on New York City streets without the legal justification for doing so, a new study has found.

And in hundreds of thousands of more cases, city officers failed to include essential details on required police forms to show whether the stops were justified, according to the study written by Prof. Jeffrey A. Fagan of Columbia Law School.

The study was conducted on behalf of the Center for Constitutional Rights, which is suing the New York Police Department for what the center says is a widespread pattern of unprovoked and unnecessary stops and racial profiling in the department’s stop-question-and-frisk policy. The department denies the charges.

The study examined police data cataloging the 2.8 million times from 2004 through 2009 that officers stopped people on the streets to question and sometimes frisk them, a crime-fighting strategy the department has put more emphasis on over the years.

Police Commissioner Raymond W. Kelly has rejected the accusation of racial profiling, and said the racial breakdown of the stops correlated to the racial breakdown of crime suspects. Mr. Kelly has also credited the tactic with helping to cut crime to low levels in the city and with getting guns off the street.

But as the number of stops has jumped — to more than 570,000 last year from 313,000 in 2004 — the practice has come under increasing scrutiny, from lawmakers at City Hall and Albany and from civil libertarians including the constitutional rights center and the New York Civil Liberties Union.

Professor Fagan found that in more than 30 percent of stops, officers either lacked the kind of suspicion necessary to make a stop constitutional or did not include sufficient detail on police forms to determine if the stops were legally justified. The study also found that even accounting for crime patterns in the city’s various neighborhoods, officers stopped minorities at disproportionate rates.

Nearly 150,000 of the stops — 6.7 percent of all cases in which an officer made a stop based on his own discretion, rather than while responding to a radio call in which some information had already been gathered — lacked legal sufficiency, the study concluded. Stops were considered unjustified if officers provided no primary reason articulating a reasonable suspicion for the stop.

Mr. Kelly, responding to the professor’s study, said, “I think you have to understand this was an advocacy paper.” He added that Professor Fagan was “paid $375 an hour to produce this report.”

“We haven’t had a chance to look at it,” Mr. Kelly added, “but I wouldn’t take the position that this is an objective document. This is a document prepared for plaintiffs who paid that amount of money to have this document prepared. If you pay that kind of money, you’re going to get a viewpoint that pretty much goes along with your view point.”

The commissioner acknowledged that the department was paying its own expert, Dennis C. Smith, a professor at the Robert F. Wagner Graduate School of Public Service at New York University, to produce its own study in the case. Professor Smith’s report is due next month.

A report in The New York Times in July found that the highest concentration of stops in the city was in a roughly eight-block area of Brownsville, Brooklyn, that was predominately black. Residents there were stopped at a rate 13 times as much as the city average.

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(Read More: NY Times)



2 Responses

  1. These statistics are four years old, but it’s doubtful if much has changed since 2006. While living in the police state of NYC can’t be pleasant, it’s not hard to understand why the cops stop so many minorities: Where there’s smoke, there’s fire.

    U.S. incarceration rates by race, June 30, 2006:

    * Whites: 409 per 100,000
    * Latinos: 1,038 per 100,000
    * Blacks: 2,468 per 100,000

  2. locknload:
    While the number you quote are probably accurate, they don’t tell the whole story. The issue with NYPD (although a national problem), is what statisticians call “selection bias.”
    Whites may be engaged in criminal activity but have less of a chance of being stopped by the police. A black person has a much higher chance of being stopped. Even if there were exactly similar rates of criminal activity, blacks have a much greater chance of being caught.
    Once caught, studies have shown a tendency towards greater charges against blacks (a white person will be charged with a misdemeanor, the black a felony).
    The issues of policing and minority communities are complex. Statistics are fine and well but need to be taken in context. In the street, a cop cannot stop a black person because “statistically” more blacks are in jail; the stop and frisk can only be done on the basis of specific suspicion about that individual.

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