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Sep 28 - Stop-and-frisk ‘an important tool when used right’, FBI director tells Congress


 


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 2 years ago '15        #1
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Sep 28 - Stop-and-frisk ‘an important tool when used right’, FBI director tells Congress
 

 
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Days after Republican presidential nominee praised the controversial ‒ and unconstitutional ‒ police tactic of stop-and-frisk, the nation’s top cop also came out in favor of it. On Capitol Hill, FBI Director James Comey called it “an important tool.”

Testifying before the House Judiciary Committee on Wednesday for a hearing on FBI oversight, Comey told lawmakers that stop-and-frisk is “an important tool when used right. What makes the difference between right and wrong is what’s the nature of the conversation with the person you stopped.”

Police officers "who search citizens without stating the reason should explain after the encounter why they decided to do so," he added.

The answer came as part of a response to a question from Representative David Cicilline (D-Rhode Island), who asked, “Do you believe this stop-and-frisk is an effective tactic to address crime in our nation’s cities? What would a federal implementation look like that Mr. Trump has called for? And how can Congress minimize racial profiling and discriminatory, ineffective techniques like stop-and-frisk, and instead promote activities that build trust and confidence between the police and communities?”

Comey said he didn’t know what a federal stop-and-frisk program would look like “because we’re not in the policing business; we’re investigative agencies at the federal level.” In the federal system, however, stop-and-frisk is referred to as the “Terry stop,” he explained, which is “the stop of an individual based on reasonable suspicion that they’re engaged in criminal activity [and] is a very important law enforcement tool.”

“To my mind, its effectiveness depends upon the conversation after the stop,” Comey continued. “When it’s done well, someone is stopped, then they are told, ‘I stopped you because we have a report of a guy with a gray sweatshirt who matches you, that’s why I stopped you, sir, I’m sorry’ or ‘I stopped you because I saw you do this behavior’. Because the danger is what’s an effective law enforcement technique can become a source of estrangement for a community” if it’s not deployed correctly.

At the height of the New York Police Department’s use of stop-and-frisk in 2011, police employed the tactic on more than 685,000 people ‒ of whom 53 percent were black, 34 percent Latino and 9 percent white, and more than half of whom were 14-24 years old, Cicilline noted. Of the people who were stopped, 88 percent were neither arrested nor received a citation. By two years later, the number of stops had plunged dramatically.

In November 2013, a federal appeals court declined to overrule a lower court decision that the NYPD’s stop-and-frisk policy was unconstitutional under the Fourth and Fourteenth Amendments. In June 2016, however, the US Supreme Court ruled 5-3 that if police detain anyone without cause and then find an outstanding warrant, the stop and search are legal. If something incriminating is found on that person, the search is admissible in court.

At the same time that the Second Circuit banned stop-and-frisk, New York State Attorney General Eric Schneiderman issued a report that analyzed some 2.4 million stop-and-frisk pre-crime acts performed by the NYPD between 2009 and 2012. It found that only 3 percent of those stopped were found guilty or convicted. Among the 150,000 arrests made under the program only 51 percent actually led to convictions or guilty pleas, and only 24 percent led to incarceration. An analysis by the New York Civil Liberties Union in August 2014 found that stop-and-frisk was not effective in reducing shootings and murders, and that the “clear lesson” was that the program “does not increase public safety.”

Trump has repeatedly praised the tactic, including during the first presidential debate on Monday night.

“Now whether or not in a place like Chicago you do stop and frisk, which worked very well... worked very well in New York,” Trump mused. “It brought the crime rate way down, but you take the gun away from criminals that shouldn’t be having it.”

When moderator Lester Holt followed up by noting that the NYPD’s stop-and-frisk program was ruled unconstitutional “because it largely singled out black and Hispanic young men,” Trump was not swayed.

“No, you’re wrong,” Trump shot back. “It went before a judge, who was a very against police judge. It was taken away from her, and our mayor, our new mayor, refused to go forward with the case. They would’ve won on appeal. If you look at it, there are many places throughout the country where it is allowed.”

Comey’s boss, Attorney General Loretta Lynch, is generally opposed to the police tactic.

"In New York... that practice was implemented in a way that was not helpful to community trust and to, frankly, public safety and enhancing the relationship between law enforcement and community members," she told Politico during an unrelated press conference last Thursday.

"The issue with stop-and-frisk in the New York area was the widespread indiscriminate use of that practice, particularly when it was not generating success from a law enforcement perspective, in either leads or tips or firearms, and the resulting lack of trust that it generated," Lynch added.

She later said that it could be a useful technique under certain circumstances, but that it has to be done in a way“that is constitutional, safe and effective and promotes trust.”

Lynch was chief federal prosecutor in Brooklyn before she was nominated as attorney general.
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10 comments for "Sep 28 - Stop-and-frisk ‘an important tool when used right’, FBI director tells Congress"

 2 years ago '04        #2
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fu*k a stop and frisk

even if that sh*t worked wonders, you should have the right as a citizen to be able to go about your business without a cop being able to stop and harrass you for no other reason than your profile

 2 years ago '13        #3
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 Ham Sandwich said
No sh*t it's a good rule when used right. Only problem is this

The inner cities is mostly minorities

The inner city is mostly where people carry guns wrecklessly

There for the statistics are going to make it seem like minorities are getting picked on

But let's be real stop n frisk in every one of our hoods right now and you gonna find a lot of unlawful guns and most them will be carried by minorities. It is what it is


Chicago police made street stops at a far higher rate last summer than New York City cops did at the height of their controversial stop-and-frisk policy, a newly released analysis by the American Civil Liberties Union of Illinois found.

The analysis of the department's own data shows that Chicago police stopped African-Americans at a disproportionately higher rate than Hispanics and whites, especially in predominantly white neighborhoods.

In all, more than a quarter of a million stops took place from last May through August, according to the ACLU, which called the numbers "shocking" and "a troubling sign" of an illegal policy on the department's part. None of those people stopped was arrested.


"For young men of color, it becomes just basically everyday street harassment that they learn to live with," said Harvey Grossman, the ACLU's longtime director. "Young black and brown men are so used to getting stopped in the city, they really don't complain about it with the intensity that you would think. It's become pretty commonplace on the South and West sides of our city."

By comparison, New York City police made about 192,500 stops without arrests during the same four-month period in 2011, the year it recorded its highest number of stop-and-frisks, a policy ruled unconstitutional by a federal judge at one point. On a per-capita basis, the rate of stops in Chicago averaged 93.6 per 1,000 people, more than four times New York's highest rate of 22.9 per 1,000 people, the report said.

Police Superintendent Garry McCarthy's spokesman, Marty Maloney, said the department flatly prohibits racial profiling and other race-based policing. Over the past three years, he said, the department has improved training to ensure officers abide by those restrictions.

Maloney also stressed the department has led a return to community policing to foster stronger relationships between officers and the city's communities, calling it "the foundation of our policing philosophy."

But the ACLU's report appears to call that commitment into question. In fact, Grossman called on the department to rely more on community policing than what he called "incredibly intrusive stops."

"The abuse of stop-and-frisk is a violation of individual rights, but it also poisons police and community relations," the report said.

African-Americans were most often singled out for stops — typically of individuals walking or standing on street corners, according to the report. Over the same four months last year — the hottest part of the year when violence spikes in Chicago's most impoverished, gang-ridden neighborhoods — police stopped 182,048 African-Americans, 72 percent of all street stops. Yet African-Americans made up about 32 percent of the city's population.

Latinos, who make up 29 percent of the population, were stopped 42,865 times, 17 percent of the stops, while whites, making up about 32 percent of the population, were stopped 23,471 times, 9 percent of the stops, the report said.


What's more, the ACLU found that Chicago police stopped African-Americans at even higher rates in police districts where the majority of residents were white. For instance, in the Jefferson Park police district on the Northwest Side, police stopped African-Americans 15 percent of the time even though they made up only 1 percent of the population.

Maloney said officers don't make these stops at random. And data from the last two years show that the racial breakdown of those who were stopped closely matches the race of suspects reported by residents and witnesses, justifying the high percentage of stops of African-Americans, he said.

Under the Terry v. Ohio decision by the U.S. Supreme Court in 1968, police can make stops when they have a reasonable suspicion that a person has committed or will commit a crime. The officer must be able to articulate specific facts to justify the intrusion, according to the ACLU. Citizens can then be patted down if officers have a reasonable suspicion they are dangerous or armed with a weapon.

If Chicago police officers stop a person on the street but don't make an arrest, they are required to fill out "contact cards" with the age, address, race, time and location, any distinguishable marks or tattoos, and the reason for the stop.

But an ACLU analysis of 250 stops from 2012 and 2013 found that in about half, officers either gave an unlawful reason for the stop or failed to provide enough information to justify the stop. Furthermore, the department does not keep track of how often officers then frisk the individual, the ACLU said. It also doesn't record stops that lead to arrests or tickets, according to the report.


The ACLU report recommended that both officers and supervisors be given additional training on the legal justification necessary to make a stop. The ACLU also called on the department to record and justify frisks as well as stops that lead to arrests, all necessary steps to determine if officers engage in biased policing, it said. The department is increasingly out of step with other major cities on making such data publicly available online, according to the report.

Veteran police supervisors interviewed by the Tribune for this story said McCarthy continues to put pressure through the ranks for officers to make these street stops as a crime prevention measure.

In November 2013, the Tribune highlighted how the department's increasing use of contact cards — the forms filled out by officers when they make street stops — had raised concerns of civil libertarians. The numbers had soared from 379,000 in 2011, the year Mayor Rahm Emanuel appointed McCarthy superintendent, to more than 600,000 through the first 10 months of 2013.

The use of contact cards dropped last year. But still, said sources who asked for anonymity because they were not authorized by the department to speak, district commanders feel the pressure to have their officers make street stops — and fill the cards out.

"You've got a large number of people being stopped simply to meet a requirement at CompStat," said one veteran supervisor, referring to McCarthy's data-driven approach to measure crime in each district.

"They are valuable, but is the cost detrimental to the relations we are suffering (with) the community?" asked another veteran supervisor.

Sources also explained that bosses use the contact cards to help determine which officers are working hard. The ones who make more street stops can sometimes be regarded as more dedicated. But that can become problematic for officers who question the validity of the stops.

"There are a lot of police officers I know who refuse to write (contact cards) anymore for fear of being sued for unlawful stops," said one rank-and-file cop who works on the South Side.

For decades the department has used contact cards to gather intelligence, keep track of gang members and solve crimes.

Homicide detectives who spoke to the Tribune said they often rely on contact cards for leads for their investigations. One detective said he's spent days at a time searching through contact cards to compile information on victims and witnesses and to conduct research on potential suspects and their a*sociates.

Detectives investigating the January 2013 fatal shooting of 15-year-old Hadiya Pendleton at a park not far from President Barack Obama's Chicago home combed through months of contact cards and learned that a white Nissan matching the description of the getaway car used in her slaying had been pulled over several times previously near the park. The cards showed Micheail Ward and Kenneth Williams were inside the Nissan during one of those stops. Both were charged in the slaying.

Several veteran police officers and supervisors took issue with the ACLU's criticism of police for stopping African-Americans at a disproportionately higher rate than Hispanics and whites, especially in predominantly white neighborhoods. They blamed much of that on police making street stops based on crime patterns in certain neighborhoods. If a suspect in a particular crime in a white-majority neighborhood was black, then officers would likely be stopping African-Americans, they said.

In addition, they said, African-Americans are stopped more because most of the department's 12,000 officers are deployed to high-crime areas on the South and West sides, where much of the black population is concentrated.

"Deployment of officers is dictated by where the murders and violent crimes take place," one source said. "It doesn't seem to me to be indicative of racial profiling or anything of the sort as much as it's a product of where officers are deployed."

Nonetheless, the U.S. Justice Department has overseen police reforms in numerous cities across America in part because of the disproportionately high number of street stops of African-Americans.

The Newark Police Department, formerly led by McCarthy, remains under a federal monitor after the Justice Department found a host of civil rights problems, including that 80 percent of Newark's street stops from January 2009 through June 2012 were of African-Americans even though the city's population was 54 percent black. McCarthy served as the city's police director from 2006 to mid-2011, when he became Chicago's superintendent.
Yet murders were up that year (2014), compared to 2013. Then murders rose in 2015 compared to 2014. And I'm sure everybody familiar with how the homicide situation is in Chicago in 2016. That's just more proof adding on from all the data from NYC that Stop and frisk don't stop sh*t. They excuse for stopping black (and Hispanics) for no reason was that most of the departments officers are in our neighborhoods because of crime yet They even targeted us in white parts of the city Where we not even 1% of the population

Put stop and frisk in every hood and you ain't gone find sh*t but more people with a reason to hate police.

 2 years ago '09        #4
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 Ham Sandwich said
Not reading all that. Stop and frisk is a great idea it's just hard to implement
It's obvious you didn't read the original article neither...

Top 10 most propped recently  2 years ago '12        #5
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 Ham Sandwich said
No sh*t it's a good rule when used right. Only problem is this

The inner cities is mostly minorities

The inner city is mostly where people carry guns wrecklessly

There for the statistics are going to make it seem like minorities are getting picked on

But let's be real stop n frisk in every one of our hoods right now and you gonna find a lot of unlawful guns and most them will be carried by minorities. It is what it is
How many regular people who are innocent citizens are you going to harass to find one gun?

 2 years ago '13        #6
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 Ham Sandwich said
Not reading all that. Stop and frisk is a great idea it's just hard to implement
Everything you needed to read I highlighted with bright colors for the special kind.

 2 years ago '04        #7
erickonasis 22 heat pts22
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If this gets implemented at this point in time expect more cops and n*ggas to get shot

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