NYPD Stop and Frisk: Judge Orders Monitor for Policy That Resulted In 'Fourth Amendment Violations' Based on Race

An independent Monitor has been appointed by a federal judge to oversee the New York Police Department's stop and frisk policy, according to the Associated Press. The judge, Shira Scheindlin, found the policy discriminatory based on race.

This is a setback for Mayor Bloomberg and the police commissioner, who have both stated that the program has lowered crime and saved lives.

Peter L. Zimroth has been appointed as the monitor. He used to work as a lawyer in New York City, as well as the former chief assistant district attorney. According to the judge, Zimroth will work closely with the NYPD.

Senior police officials violated the law "through their deliberate indifference to unconstitutional stops, frisks and searches," the judge said.

"They have received both actual and constructive notice since at least 1999 of widespread Fourth Amendment violations occurring as a result of the NYPD's stop and frisk practices," the judge wrote in the opinion. "Despite this notice, they deliberately maintained and even escalated policies and practices that predictably resulted in even more widespread Fourth Amendment violations."

The judge continued on citing the Fourth Amendment as a protection against unreasonable search and seizure, which the practice was found in violation of.

"Far too many people in New York City have been deprived of this basic freedom far too often," the judge wrote. "The NYPD's practice of making stops that lack individualized reasonable suspicion has been so pervasive and persistent as to become not only a part of the NYPD's standard operating procedure, but a fact of daily life in some New York City neighborhoods."

The policy came before the court after four men sued, saying they were unfairly targeted by the practice because of their race. During the past 10 years, there have been approximately five million stops, mostly of black and Hispanic men.

Scheindlin issued the ruling after a trial that lasted for 10 weeks. The trial included testimony from both NYPD officials and a dozen people who said they were stopped because of their race.

The city has not responded to the ruling.