The New York City Police Department’s stop-question-and-frisk program has been the subject of increasing public and legal scrutiny as police stops have burgeoned to nearly 700,000 each year. As criticism of the program has grown in recent months, Mayor Michael Bloomberg and Commissioner Raymond Kelly increasingly have sought to justify the program by asserting it prevents gun violence by recovering illegal weapons or deterring people from carrying them.
Prompted by the debate over two recent Appellate Division decisions ordering the suppression of guns seized in stop-and-frisk encounters, the Law Journal on July 27 published a lengthy examination of New York law governing police stops and searches. Beyond New York law, however, is the federal Constitution, which also governs NYPD stop-and-frisk activity.
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