Mayor Bill de Blasio speaks fervently of the need to take a progressive path, especially regarding the city’s treatment of the poor, who, in New York City, are largely people of color. In the law enforcement context, that path must widen beyond stop-and-frisk to include progressive reform of the NYPD’s overall approach to policing. Only by examining who gets arrested for what will the mayor and Police Commissioner William Bratton address the undeniable truth that black and brown people are arrested and incarcerated in huge and disproportionate rates for everything from minor infractions to serious felonies.
The historic decision by Southern District Judge Shira Scheindlin in the Floyd case focused attention on the Fourth Amendment and constitutional phrases like “reasonable suspicion” and “search and seizure.” Commentators now regularly address what quantum of evidence police officers must have before they can interfere with someone’s freedom of movement. Often overlooked is that part of the decision that found that the NYPD had systemically violated the Constitution’s equal protection clause, that people of color were being unlawfully stopped based on race.
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