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From [
HERE] A judge for the
US District Court for the Southern District of New York on Tuesday
ordered [opinion] the
New York Police Department (NYPD) to cease using a "stop-and-frisk" practice outside of apartment buildings in the Bronx, finding the policy unconstitutional. In particular, Judge Shira Scheindlin opined that the method, said to be a crime deterrent by the NYPD, violates the protection against unreasonable search and seizures of the
Fourth Amendment [text; Cornell LII
backgrounder] because officers were not first developing a reasonable suspicion to stop and frisk supposed trespassers. The evidence, she said, "strengthens the conclusion that the NYPD's inaccurate training has taught officers the following lesson: Stop and question first, develop reasonable suspicion later." The policy developed as part of the city's
Trespass Affidavit Program (TAP) [Manhattan District Attorney backgrounder], which allows property managers in the program to ask officers to patrol their buildings and arrest trespassers as a means of combating drug dealing in the public areas of such buildings. Despite TAP's intent, Scheindlin ordered police to "cease performing trespass stops" outside the private buildings, "even if the building is located in a high-crime area, and regardless of the time of day," unless officers had already developed a reasonable suspicion to investigate. The next proceeding in the case is scheduled for January 31.