TruthOut10
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- Dec 3, 2012
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NYPD 'Clean Halls' Stop-And-Frisk Policy: Judge Orders 'Immediate Cease' To Stops Without 'Reasonable Suspicion'
In a blow to the NYPD's controversial use of stop-and-frisks, a federal judge has ordered an "immediate cease" to some police stops conducted under "Operation Clean Halls" outside apartment buildings in the Bronx.
"Clean Halls" allows police to stop, question and search residents in and around New York City apartment buildings, with permission of the landlord.
The New York Post reports Judge Shira Scheindlin wrote in a 157-page decision that the ruling did not call for an "abolition or even a reduction" of the policy, but was instead intended to insure that for every stop, cops could demonstrate a "reasonable suspicion for trespass."
Scheindlin wrote in the decision:
In order for an officer to have 'reasonable suspicion' that an individual is engaged in criminal trespass, the officer must be able to articulate facts providing 'a minimal level of objective justification for making the stop,' which means 'something more than an inchoate and unparticularized suspicion or hunch.
In particular, an individual observed exiting or entering and exiting a (Clean Halls) building does not establish reasonable suspicion of trespass, even if the building is located in a high crime area, and regardless of the time of day,
NYPD 'Clean Halls' Stop-And-Frisk Policy: Judge Orders 'Immediate Cease' To Stops Without 'Reasonable Suspicion'
In a blow to the NYPD's controversial use of stop-and-frisks, a federal judge has ordered an "immediate cease" to some police stops conducted under "Operation Clean Halls" outside apartment buildings in the Bronx.
"Clean Halls" allows police to stop, question and search residents in and around New York City apartment buildings, with permission of the landlord.
The New York Post reports Judge Shira Scheindlin wrote in a 157-page decision that the ruling did not call for an "abolition or even a reduction" of the policy, but was instead intended to insure that for every stop, cops could demonstrate a "reasonable suspicion for trespass."
Scheindlin wrote in the decision:
In order for an officer to have 'reasonable suspicion' that an individual is engaged in criminal trespass, the officer must be able to articulate facts providing 'a minimal level of objective justification for making the stop,' which means 'something more than an inchoate and unparticularized suspicion or hunch.
In particular, an individual observed exiting or entering and exiting a (Clean Halls) building does not establish reasonable suspicion of trespass, even if the building is located in a high crime area, and regardless of the time of day,
NYPD 'Clean Halls' Stop-And-Frisk Policy: Judge Orders 'Immediate Cease' To Stops Without 'Reasonable Suspicion'