Whether of not you endorse Stop And Frisk, which has proven to be a highly effective tool of the NYC Police Department in reducing crime, and getting illegal guns off the streets......there is a subtext actually taking precedent: the judge in the case may be disciplined, and her decision thrown out!
1. "Stopped, Questioned, Nixed An appeals court rightly throws a biased judge off the citys policing lawsuit.
2. The U.S. Second Circuit Court of Appeals has confirmed what was already apparent to disinterested observers of the policing battles in New York City: the federal judge who ruled against the New York Police Department in August is deeply biased. U.S. District Judge Shira Scheindlin declared that the NYPDs stop, question, and frisk practices were deliberately targeted against innocent black and Hispanic New Yorkers.
["The use of police stops has been widely cited by the administration of Mayor Michael R. Bloomberg as a crucial tool in helping drive the number of murders and major crimes in the city to historic lows. The police say the practice has saved the lives of thousands of young black and Hispanic men by removing guns from the streets and suppressing violence." http://www.nytimes.com/2013/11/01/n...p-and-frisk-changes-for-new-york-police.html]
3. That opinion rested on patent lies against the department and a profound ignorance of policing and crime... Scheindlin never should have had the case, Floyd v. New York, in the first place.
["Scheindlin ruled in August that the Police Department not only had violated the Fourth Amendments guarantee against unreasonable searches and seizures, but had also violated the 14th Amendment by resorting to a policy of indirect racial profiling as the number of police stops soared in minority communities over the last decade.... routinely stopping blacks and Hispanics who would not have been stopped if they were white." NYTimes, Op. Cit.]
4. Scheindlin had encouraged the Center for Constitutional Rights to file Floyd and promised to take .... circumventing the usual random assignment for cases.
5. But when Scheindlin took jurisdiction over Floyd, there was no extant stop, question, and frisk case before her to which Floyd was related. Her assumption of jurisdiction was a power grab, pure and simple,...
6. She used that grip to the max, installing a federal monitor over the department, who reports to her, to implement her spurious idea that policing should mirror population demographics rather than the incidence of crime.
[. " The ruling effectively puts off a battery of changes that Judge Scheindlin, of Federal District Court in Manhattan, had ordered for the Police Department." NYTimes, Op. Cit.]
7. The Second Circuit has now removed Scheindlin from the case on the ground that her encouragement to file Floyd, as well as several interviews she gave to the press during the trial, compromised the appearance of judicial impartiality.
8. New York mayoral candidate Bill de Blasio, predicted to win City Hall next Tuesday, has yoked himself to Scheindlins and the Center for Constitutional Rights calumnies against the NYPD; he has promised to drop the citys appeal of Floyd v. New York..." Stopped, Questioned, Nixed by Heather Mac Donald - City Journal
9. "The 2nd Circuit hasnt said whether Scheindlins ruling against New York City was right or wrong. Instead, the three-judge panel said she ran afoul of the code of conduct for federal judges by making her impartiality seem as if it could be questioned and through her improper application of the rule by which judges agree to handle related cases. The 2nd Circuit dinged her for giving media interviews and for telling the plaintiffs in a previous civil rights suit against New York City that if they had proof of inappropriate racial profiling they could file a new lawsuit and mark it as related, which would route it to her chambers. Scheindlin added, referring to the filing fee, I am sure I am going to get in trouble for saying it, for $65 you can bring that lawsuit. NYPD and Judge Shira Scheindlin: 2nd Circuit appeals court judges try to silence the stop-and-frisk judge.
10. "Scheindlin ruled in August, after a two-month trial, that the NYPD began acting without the "reasonable suspicion" required by the Constitution and targeting minorities as street stops spiraled sixfold under NYPD Commissioner Ray Kelly's "proactive" policing approach.
In the news interviews criticized by the appeals judges, Scheindlin spoke to reporters after the Bloomberg administration leaked statistics on her rulings in an effort to show that she found against police more often than other federal judges."
Judge Shira Scheindlin pulled from case as appeals court blocks stop-and-frisk
Again....this is about Scheindlin....not the rectitude of 'Stop and Frisk' policy.
1. "Stopped, Questioned, Nixed An appeals court rightly throws a biased judge off the citys policing lawsuit.
2. The U.S. Second Circuit Court of Appeals has confirmed what was already apparent to disinterested observers of the policing battles in New York City: the federal judge who ruled against the New York Police Department in August is deeply biased. U.S. District Judge Shira Scheindlin declared that the NYPDs stop, question, and frisk practices were deliberately targeted against innocent black and Hispanic New Yorkers.
["The use of police stops has been widely cited by the administration of Mayor Michael R. Bloomberg as a crucial tool in helping drive the number of murders and major crimes in the city to historic lows. The police say the practice has saved the lives of thousands of young black and Hispanic men by removing guns from the streets and suppressing violence." http://www.nytimes.com/2013/11/01/n...p-and-frisk-changes-for-new-york-police.html]
3. That opinion rested on patent lies against the department and a profound ignorance of policing and crime... Scheindlin never should have had the case, Floyd v. New York, in the first place.
["Scheindlin ruled in August that the Police Department not only had violated the Fourth Amendments guarantee against unreasonable searches and seizures, but had also violated the 14th Amendment by resorting to a policy of indirect racial profiling as the number of police stops soared in minority communities over the last decade.... routinely stopping blacks and Hispanics who would not have been stopped if they were white." NYTimes, Op. Cit.]
4. Scheindlin had encouraged the Center for Constitutional Rights to file Floyd and promised to take .... circumventing the usual random assignment for cases.
5. But when Scheindlin took jurisdiction over Floyd, there was no extant stop, question, and frisk case before her to which Floyd was related. Her assumption of jurisdiction was a power grab, pure and simple,...
6. She used that grip to the max, installing a federal monitor over the department, who reports to her, to implement her spurious idea that policing should mirror population demographics rather than the incidence of crime.
[. " The ruling effectively puts off a battery of changes that Judge Scheindlin, of Federal District Court in Manhattan, had ordered for the Police Department." NYTimes, Op. Cit.]
7. The Second Circuit has now removed Scheindlin from the case on the ground that her encouragement to file Floyd, as well as several interviews she gave to the press during the trial, compromised the appearance of judicial impartiality.
8. New York mayoral candidate Bill de Blasio, predicted to win City Hall next Tuesday, has yoked himself to Scheindlins and the Center for Constitutional Rights calumnies against the NYPD; he has promised to drop the citys appeal of Floyd v. New York..." Stopped, Questioned, Nixed by Heather Mac Donald - City Journal
9. "The 2nd Circuit hasnt said whether Scheindlins ruling against New York City was right or wrong. Instead, the three-judge panel said she ran afoul of the code of conduct for federal judges by making her impartiality seem as if it could be questioned and through her improper application of the rule by which judges agree to handle related cases. The 2nd Circuit dinged her for giving media interviews and for telling the plaintiffs in a previous civil rights suit against New York City that if they had proof of inappropriate racial profiling they could file a new lawsuit and mark it as related, which would route it to her chambers. Scheindlin added, referring to the filing fee, I am sure I am going to get in trouble for saying it, for $65 you can bring that lawsuit. NYPD and Judge Shira Scheindlin: 2nd Circuit appeals court judges try to silence the stop-and-frisk judge.
10. "Scheindlin ruled in August, after a two-month trial, that the NYPD began acting without the "reasonable suspicion" required by the Constitution and targeting minorities as street stops spiraled sixfold under NYPD Commissioner Ray Kelly's "proactive" policing approach.
In the news interviews criticized by the appeals judges, Scheindlin spoke to reporters after the Bloomberg administration leaked statistics on her rulings in an effort to show that she found against police more often than other federal judges."
Judge Shira Scheindlin pulled from case as appeals court blocks stop-and-frisk
Again....this is about Scheindlin....not the rectitude of 'Stop and Frisk' policy.