STOP & FRISK

In 2009 there were approximately 575,000 “Stop & Frisk” reports filed by NYPD officers. Of these, only about 6% resulted in arrests, and another 6% resulted in a summons being issued. The position of the Police Department is that Stop & Frisks are an effective crime-fighting tool.  The Department holds onto the information it gathers in each Stop & Frisk “indefinitely,” with the intention of using that information, if necessary, in future investigations. Between 2004 and 2009 there were 2,798,461 “Stops” by the police, and 2,467,160 resulted in no action at all, yet each person stopped has a record with personal information on file with the police.

Certain members of the New York City Council have demanded that all the individuals, in instances where either no action was taken at the time of the “Stop”, or where action may have been taken but the person was later found “not guilty”, or was exonerated in some other way, be removed entirely from this database.  The majority of individuals affected are minorities (Black and Latino).

The final outcome of this tug of war between the New York City Police Department and the City Council has yet to be determined.  I will note, personally, as a former New York City council member, that it is my belief that any recalcitrance by the Police Department can be overcome by the City Council through the passage of legislation, if that is truly the Council’s desire.

NYPD Subject Record Number of People to  “STOP  &  FRISK” in 2008

In 2008 over half a million people in New York City were subjected to “STOP &  FRISK” by  New York City Police Department officers – that is over 500,000 individuals !  It is an all time record.   There are not many cities in the United States whose entire population reaches that number.

Similarly, the number of complaints the CCRB (Civil Complaint Review Board) expects to receive in 2009 is over 8,200.  This, too, is a record, and matches the increasing number of “STOP & FRISKS” that are taking place.

The job of the CCRB is to investigate complaints that usually deal with everything from Police Officers using obscenity to their use of excessive force and false arrests.  If charges are substantiated by the CCRB, then the matter is referred to the Police Department for further possible disciplinary action against the offending police officer.

Stop and Frisks on the Rise along with Complaints but NYPD disciplinary action Declining

Now here is the strange fact: While the number of “STOP & FRISKS” and complaints to the CCRB have been rising dramatically, the number of cases that the Police Department has decided to prosecute, after receiving them from the CCRB, have been drastically reduced !   In 2005 the NYPD refused to prosecute 2% of the cases forwarded by the CCRB.  By 2008 the percentage of cases the NYPD refused to prosecute rose to 33%–and for 2009 the percentage of refusals to prosecute is currently at 40% !

Keep in mind that cases referred by the CCRB to the NYPD for prosecution are only those cases where the CCRB has substantiated some or all of the charges lodged by a civilian against a police officer.   Yet the percent of police officers against whom charges have been substantiated, that end up being disciplined by the NYPD, decreases.

An attorney experienced in handling POLICE MISCONDUCT cases is NEVER influenced solely by any action of either the CCRB or the NYPD.    A knowledgeable attorney will rely on his or her own experience and investigation to determine the merit of a client’s case.  Experience will tell an attorney that inaction, or lack of substantiation, by either the CCRB or the NYPD with respect to charges brought against a police officer is certainly not the final determinant as to whether a client’s case can be successful.