stop and frisk — policing -- enforcement -- crime prevention -- situational crime prevention -- arrest -- prosecution — Read-Me.Org -Open Access to All
Open Access Publisher and Free Library
03-crime prevention.jpg

CRIME PREVENTION

CRIME PREVENTION-POLICING-CRIME REDUCTION-POLITICS

Posts tagged stop and frisk
The NYPD's NST and PST Units' Stop, Frisk, and Search Practices: Twenty-third Report of the Independent Monitor

By Mylan Denerstein

This is the Monitor’s 23rd report and second report focused on the compliance of the New York City Police Department’s (the “Department” or “NYPD”) Neighborhood Safety Teams (“NST”) and Public Safety Teams (“PST”) with constitutional requirements in executing stops, frisks, and searches. In March 2021, the NYPD initiated NST units in certain precincts to combat gun violence in high-crime areas. Officers in NST units engage in proactive stop, frisks, and searches, and generally they are not expected to respond to 911 calls-for-service. NST officers drive unmarked cars and wear uniforms distinct from those worn by NYPD patrol officers. In June 2023, the Monitor filed the Nineteenth Report of the Independent Monitor (the “19th Report”) with the United States District Court for the Southern District of New York, which contained results of the Monitor team’s 2022 audit of the NSTs. That report concluded that NST officers performed substantially below constitutional standards and had a rate of unlawful Terry stops nine percentage points higher than their counterparts in regular patrol positions. In addition, the report concluded that supervisors in the Department failed to identify and remediate unlawful reported stops. To determine Fourth Amendment compliance with the stops, frisks, and searches conducted by NSTs since the filing of the 19th Report, the Monitor began a second, more comprehensive audit of NSTs and PSTs, another specialized proactive enforcement unit, to assess their compliance with court-ordered reforms. This follow-up report audits NST, PST, and regular patrol officers based on stops, frisks, and searches conducted in 2023. It compares NST officers with their counterparts on regular patrol and in PSTs and measures compliance rates of all supervisors and officers regardless of unit assignment. Based on the 2023 audit, the Report concludes that NST and PST officers are not performing stops, frisks, and searches at constitutional levels, and that supervisors of NST, PST, and patrol officers are not appropriately overseeing their officers. Some of the key findings are below: • This 2023 audit shows that NST officers’ constitutional compliance with respect to stops, frisks, and searches did not improve since the Monitor’s 2022 audit. • In the 2023 audit, NST officers had reasonable suspicion (and thus a lawful basis) for 75% of the reported Terry stops, slightly below the NST percentage of 76% compliance in the 2022 audit. • In the 2023 audit, NST officers made lawful stops at a rate of 75%, 17 percentage points lower than their patrol counterparts’ rate of 92%. • In the 2023 audit, PST officers also made lawful stops at a rate lower than patrol officers, with only 64% of their reported stops being assessed as lawful, which is 28 percentage points lower than their patrol counterparts’ rate of 92%. • In the 2023 audit, NST officers and PST officers overwhelmingly conducted self-initiated stops (70% and 77%, respectively, were self-initiated), while officers on routine patrol primarily conducted stops based on radio runs (68% were radio runs). • In the 2023 audit, regardless of the officer’s unit assignment (NST, PST, Patrol, or other), Terry stops based on a complainant/witness (100% lawful) or a radio run (94% lawful) were nearly all constitutional, while only 65% of self-initiated stops were assessed as lawful. • In the 2023 audit, NST officers had reasonable suspicion for only 58% of the frisks assessed and had a legal basis for only 54% of the searches assessed. • In the 2023 audit, despite significant numbers of unlawful stops, frisks, and searches, command-level supervisors of NST, PST, and Patrol officers only determined that 1% of stops were unlawful and 1% of frisks and searches were unlawful. • In 95% of the stop reports in this audit in which race was identified (N=385) and 93% of the BWC videos assessed (N=697), the person stopped was identified as Black or Hispanic. Of the 397 stop reports in which gender was indicated, 97% were male. Overall, in this audit, 89% of the individuals encountered were Black or Hispanic males. The NYPD must focus on supervisors ensuring implementation of constitutionally compliant stops, frisks, and searches. The Department must improve Fourth Amendment compliance levels and NST and PST units must be better supervised. The ball is in the Department’s hands, and the NYPD can do this. The law requires no less.

New York: New York Police Department Monitor, 2025. 51p.

Civil Rights Implications of Policing (Revisited)

By The United States Commission on Civil Rights,  Minnesota Advisory Committee 

The nature and scope of the problem. There will be no end to disparate policing, and the accompanying resentment in the community, until sufficient data can be collected to better inform both policymakers and the People who elect them. Disparate policing is abusive on many levels, affecting the individuals involved, reopening unhealed wounds left by historical injustices, and reminding entire communities that their lives don’t matter. The Committee found that the lack of political will at all levels of government to enforce the limits on police conduct is the major impediment to meaningful change that would address the Constitutional violations identified in this report.  

Minneapolis:: Minnesota Advisory Committee to the U.S. Commission on Civil Rights ,2022. 62p.

Racial Disparities in Traffic Stops

By Magnus Lofstrom, Joseph Hayes, Brandon Martin, and Deepak Premkumar

Stark racial inequity has long been a deeply troubling aspect of our criminal justice system. In recent years, traffic stops have emerged as a key factor driving some of these inequities and an area of potential reform. Are there opportunities to identify kinds of traffic stops that could be enforced in alternative ways—potentially improving officer and civilian safety, enhancing police efficiency, and reducing racial disparities—without jeopardizing road safety?

To explore this question, in this report we use data on 3.4 million traffic stops made in 2019 by California’s 15 largest law enforcement agencies to examine racial disparities in stop outcomes and experiences across time of the day, type of law enforcement agency, and type of traffic violation.

San Francisco: Public Policy Institute of California, 2022. 29p.

Racial Disparities in Policing

By The U.S. Civil Rights Commission. Oklahoma Advisory Committee

In 1981, the Commission issued a seminal report on police practices in America, Who is Guarding the Guardians? Twenty years later the Commission issued a follow-up report, Revisiting Who is Guarding the Guardians? Both reports raised troubling concerns about insular police practices that undermine equal protection under the law. Now, forty years after the Commission’s first report on police practices, a number of public incidents involving police conduct have returned such concerns to the forefront of national conversation. The Black Lives Matter movement was founded in 2013 in response to the acquittal of George Zimmerman for the death of Trayvon Martin.1 The movement has increasingly gained national attention since its founding through organizing and demonstrations against racial inequality, particularly police use of force against Black people. High profile incidents of deadly force by police include the deaths of Michael Brown in Ferguson, MO, Tamir Rice in Cleveland, OH, Walter Scott in North Charleston, SC, Sandra Bland, in Prairie View, TX, and many others. In June 2020, protests against police use of force, particularly force against Black victims, became one of the largest protest movements in U.S. history, with about 15 million to 26 million people in the United States participating in demonstrations. 2 These protests started in response to the killings of Ahmaud Arbery, George Floyd, and Breonna Taylor. The movement calls for widespread police reform and accountability for allegedly race-motivated violence against people of color, as well as calling for broader race equity in the U.S.3 On June 6, 2020 an estimated half a million people participated in public protests in nearly 550 places across the United States. As of July 3, 2020, there had been an estimated 4,700 demonstrations in all 50 states.

Washington, DC; The Commission, 2021. 26p.

Profiling Minorities A Study of Stop-and-Search Practices in Paris

By Fabien Jobard and René Lévy

French residents of immigrant origin, particularly those of North African and sub-Saharan African background, have long complained that police single them out for unfair, discriminatory, and unnecessary identity checks. If these perceptions are true, it means that French police are engaged in “ethnic profiling.” That is, police officers are basing decisions about who may be suspicious on the basis of the color of their skin or their assumed ethnic identity rather than on the basis of their individual behavior. In 2007, the Open Society Justice Initiative launched a study to examine whether and to what extent law enforcement officers stop individuals based on their appearance. This study was conducted in collaboration with Fabien Jobard and René Lévy, researchers with the National Center for Scientific Research (Centre National de la Recherche Scientifique) in France. The study was carried out under the technical supervision of Lamberth Consulting. Examining five locations in and around the Gare du Nord and Châtelet-Les Halles rail stations, all important transit points in central Paris that are also the sites of heavy police activity, Profiling Minorities : A Study of Stop-and-Search Practices in Paris gathered data on police stops carried out by National Police and Customs officers, including information on the ethnicity, age, gender, clothing, and bags carried by the persons who were stopped. This study, which generated unique information on over 500 police stops, is the first to gather the quantitative data necessary to identify and detect patterns of ethnic profiling in France. The study confirmed that police stops and identity checks in Paris are principally based on the appearance of the person stopped, rather than on their behavior or actions. Persons perceived to be ethnic minorities were disproportionately stopped by the police. The results show that persons perceived to be “Black” (of sub-Saharan African or Caribbean origin) and “Arab” (of North African or Maghrebian origin) were stopped at proportionally much higher rates than persons perceived to be “White” (of Western European origin). Across the five observations sites, Blacks were overall six times more likely than Whites to be stopped by police ; the site-specific rates of disproportionality ranged from 3.3 to 11.5. Arabs were generally 7.6 times more likely than Whites to be stopped by the police, although again, the specific rate of disproportionality across the five locations ranged from 1.8 and 14.8. Follow-up interviews with the individuals who were stopped also suggest that these two groups regularly experience far more police stops than Whites.

New York: Open Society Institute, 2019. 82p.