{"id":12755,"date":"2013-08-14T10:10:26","date_gmt":"2013-08-14T14:10:26","guid":{"rendered":"http:\/\/angry.net\/blog2\/?p=12755"},"modified":"2022-08-28T12:22:11","modified_gmt":"2022-08-28T16:22:11","slug":"the-4th-amendment-returns-to-new-york-city","status":"publish","type":"post","link":"https:\/\/angry.net\/blog2\/?p=12755","title":{"rendered":"The 4th Amendment returns to New York City"},"content":{"rendered":"

And Emperor Michael Bloomberg is royally pissed about it too! Now a little background. His royal shortness, Nanny Bloomberg, along with his sheriff, Raymond Kelly ((Raymond Walter Kelly<\/a>)), have been stopping people going about their business and frisking them, ostensibly to relive them of contraband ((New York City stop-and-frisk program<\/a>)).<\/p>\n

<\/p>\n

If this sounds like a violation of the 4th<\/sup> Amendment ((The Fourth Amendment (Amendment IV)<\/a>)), it looks like at least one judge agrees with you. Here\u2019s a few details from the New York Times<\/a>:<\/p>\n

A federal judge ruled on Monday that the stop-and-frisk<\/a> tactics of the New York Police Department violated the constitutional rights of minorities in the city, repudiating a major element in the Bloomberg administration\u2019s crime-fighting legacy.<\/p><\/blockquote>\n

So far, His Royal Totalitarianist has been batting Zero when his policies end up in front of a judge.<\/p>\n

\"King<\/a><\/p>\n

The use of police stops has been widely cited by city officials as a linchpin of New York\u2019s success story in seeing murders and major crimes fall to historic lows. The police say the practice has saved the lives of thousands of young black and Hispanic men by removing thousands of guns from the streets.<\/p><\/blockquote>\n

Actually, from what I\u2019ve heard, this illegal harassment has done virtually nothing to stop crimes of violence ((Stop-and-Frisks Actually Haven\u2019t Cut Down on Shootings)). What it looks like they\u2019ve been doing is flat out harassing people on the basis of skin color, not that anyone should have to endure this fascist crap.<\/p>\n

But the judge, Shira A. Scheindlin, found that the Police Department resorted to a \u201cpolicy of indirect racial profiling\u201d as it increased the number of stops in minority communities. That has led to officers\u2019 routinely stopping \u201cblacks and Hispanics who would not have been stopped if they were white.\u201d<\/p><\/blockquote>\n

Now granted, a disproportionate number of crimes are committed by people of recent African decent, but unless they have actually committed a crime or are suspected of it, you can\u2019t just stop them on the street and strip search them.<\/p>\n

The judge called for a federal monitor to oversee broad reforms, including the use of body-worn cameras for some patrol officers, though she was \u201cnot ordering an end to the practice of stop-and-frisk.\u201d In her 195-page decision<\/a>, Judge Scheindlin concluded that the stops, which soared in number over the last decade as crime continued to decline, demonstrated a widespread disregard for the Fourth Amendment, which protects against unreasonable searches and seizures by the government, as well as the 14th Amendment\u2019s equal protection clause.<\/p><\/blockquote>\n

Now the reason Judge Scheindlin didn\u2019t order a flat out end to these searches is simple. In yet another boneheaded move by the Supreme Court ((Terry v. Ohio, 392 U.S. 1 (1968)<\/a>)), they wrote that:<\/p>\n

For their own protection, police may perform a quick surface search of the person\u2019s outer clothing for weapons if they have reasonable suspicion that the person stopped is armed. This reasonable suspicion must be based on “specific and articulable facts” and not merely upon an officer’s hunch.<\/p><\/blockquote>\n

Now for those who may not know, this was the infamous Warren Court ((The Warren Court<\/a>)). Earl Warren turned out to be one of the most statist justices in decades. This isn\u2019t to say that the court didn\u2019t rule on things that needed to be done, but Warren\u2019s answers always tended to require massive intervention by the Federal Government over the rights of the states. For all the good that was done, (Desegregation and civil rights), a lot more was outright wrong. It was the Terry decision that kept Judge Scheindlin from stopping the Stop and Frisk program outright.<\/p>\n

\"Stock<\/a><\/p>\n

Mayor Michael Bloomberg was his usual gracious self when he was told to reconsider his program.<\/p>\n

Mayor Michael R. Bloomberg angrily accused the judge of deliberately denying the city \u201ca fair trial\u201d and said the city would file an appeal.<\/p>\n

Striking a defiant tone, Mr. Bloomberg said, \u201cYou\u2019re not going to see any change in tactics overnight.\u201d He said he hoped the appeal process would allow the current stop-and-frisk practices to continue through the end of his administration because \u201cI wouldn\u2019t want to be responsible for a lot of people dying.\u201d<\/p><\/blockquote>\n

These are the words that the Tyrant of New York City has been using for every single one of his cockamamie laws and regulations he\u2019s been putting out since he became mayor. Transfats, salt, Big Gulps, if Bloomberg doesn\u2019t like it, it will be OUTLAWED! Well the judge was having none of it from this moron.<\/p>\n

The judge found that for much of the last decade, patrol officers had stopped innocent people without any objective reason to suspect them of wrongdoing. But her criticism went beyond the conduct of police officers.<\/p>\n

\u201cI also conclude that the city\u2019s highest officials have turned a blind eye to the evidence that officers are conducting stops in a racially discriminatory manner,\u201d she wrote, citing statements that Mr. Bloomberg and the police commissioner, Raymond W. Kelly, have made in defending the policy.<\/p><\/blockquote>\n

\"hilter<\/a><\/p>\n

What did the judge expect? Bloomberg and his people hate the Constitution and would abolish it faster then Obama if they could. Bloomberg is a classic tyrant. In his mind, his rules are LAW and any who oppose him are to be ignored and punished for DARING to upset him. Well Bloomie, prepare to be upset. If you run this up to the Supreme Court, there is a very good chance they will decide that the Warren Court was wrong and overturn the Terry decision. (Which would be a good thing in my opinion) So what has the judge decreed?<\/p>\n

Judge Scheindlin ordered a number of remedies, including a pilot program in which officers in at least five precincts across the city will wear cameras on their bodies to record street encounters. She also ordered a \u201cjoint remedial process\u201d \u2014 in essence, a series of community meetings \u2014 to solicit public comments on how to reform the department\u2019s tactics.<\/p><\/blockquote>\n

Cops hate cameras. As we have been seeing more and more, people with cameras will use them when police misbehave. When cameras are used by police, it seems that complaints against police officers drop. I\u2019m sure it\u2019s just a coincidence. In any case, Judge Scheindlin has more things for Bloomers to do.<\/p>\n

The judge named Peter L. Zimroth, a partner in Arnold & Porter L.L.P., and a former corporation counsel and prosecutor in the Manhattan district attorney\u2019s office, to monitor the Police Department\u2019s compliance with the United States Constitution. The installation of a monitor will leave the department under a degree of judicial control that is certain to shape the policing strategies under the next mayor.<\/p><\/blockquote>\n

How about that? The New York Police will have to actually obey the Constitution. Now lets be honest here. Most police officers won\u2019t knowingly violate the constitution. It\u2019s the politicians and the upper management of the Police that make the policy and issues the orders to the rank and file. Bad managers make bad employees and when those managers and employees have guns and the powers of arrest, you will end up with cases like this one.<\/p>\n

Judge Scheindlin\u2019s decision grapples with the legacy of Terry v. Ohio, a 1968 ruling by the Supreme Court, which held that stopping and frisking was constitutionally permissible under certain conditions. But she said that changes to the way the New York Police Department employed the practice were needed to ensure that the street stops were carried out in a manner that \u201cprotects the rights and liberties of all New Yorkers, while still providing much needed police protection.\u201d<\/p>\n

She noted that officers routinely stopped people partly on the basis of \u201cfurtive movements,\u201d a category that officers have testified might encompass any of the following: being fidgety, changing directions, walking in a certain way, grabbing at a pocket or looking over one\u2019s shoulder.<\/p>\n

\u201cIf officers believe that the behavior described above constitutes furtive movement that justifies a stop, then it is no surprise that stops so rarely produce evidence of criminal activity,\u201d Judge Scheindlin wrote.<\/p><\/blockquote>\n

Do you know that I have done all the things described here? When I\u2019m walking down the street I have a tendency to look over my shoulder, Sometimes I change directions because I forgot something and had to go back home to get it. I am always putting my hands in my pockets. Gee, in Nanny Bloomberg\u2019s Empire, I would be stopped and searched every 20 feet. Oh wait, I\u2019m not Black or Hispanic.<\/p>\n

She found that in their zeal to identify concealed weapons, officers sometimes stopped people on the grounds that the officer observed a bulge in the person\u2019s pocket; often it turned out that the bulge was caused not by a gun but by a wallet.<\/p>\n

\u201cThe outline of a commonly carried object such as a wallet or cellphone does not justify a stop or frisk, nor does feeling such an object during a frisk justify a search,\u201d she ruled.<\/p><\/blockquote>\n

Now why do I have the phrase, \u201cIs that a banana in your pocket or are you just glad to see me?\u201d running through my head?<\/p>\n

\u201cNo one should live in fear of being stopped whenever he leaves his home to go about the activities of daily life,\u201d she wrote.<\/p><\/blockquote>\n

You got that right. Here\u2019s the problem. For the last 20 or so years, the United States has been slowly moving towards becoming a police state. This accelerated after the 9\/11 attacks, and yes, I do blame Bush for it. I also blame Congress and the courts. We now have a judge who has looked at a case and decided \u201cWhoa there Pardner! Time to reign in that horse.\u201d Frankly, I do hope that moronic twerp Bloomberg takes this to the Supreme Court. They need to really start restoring the freedoms and liberties they have been suppressing for the last century. This would be a good place to start, and if the ruling is upheld or expanded, (Terry overturned), seeing Bloomberg throw a hissy fit would be be worth the price of admission.<\/p>\n

\"useagle3\"<\/a><\/p>\n

Thatisall<\/p>\n

~The Angry Webmaster~<\/b><\/i>
\n\"1\"2\"3\"4\"5 (1<\/strong> votes, average: 1.00<\/strong> out of 5)
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That Pesky Constitution Foils NYC Mayor Bloomberg Again, Federal …<\/a><\/h3>\n<\/div>\n
A federal judge has ruled against New York’s stop-and-frisk law enforcement practices, calling it unconstitutional. NYC Mayor Michael Bloomberg has blown a gasket over the ruling and vows that he will fight it. Just like he’s going to fight the …<\/div>\n
http:\/\/www.frugal-cafe.com\/public_html\/frugal-blog\/frugal-cafe-blogzone\/<\/a> \u2014 Tue, 13 Aug 2013 11:33:58 -0700<\/span><\/div>\n<\/div>\n
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http:\/\/www.criminallawfirmchicago.com\/ \u2014 Tue, 13 Aug 2013 11:31:25 -0700<\/span><\/div>\n<\/div>\n
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Mayor Bloomberg trashes New York judge’s stop-and-frisk curbs …<\/a><\/h3>\n<\/div>\n
New York Mayor Michael Bloomberg has said that a federal judge’s decision to reform the NYPD’s stop-and-frisk policy could mean a return to the days of violent crime, which has plummeted since Bloomberg took office 12 years ago.<\/div>\n
http:\/\/rt.com\/<\/a> \u2014 Tue, 13 Aug 2013 09:39:23 -0700<\/span><\/div>\n<\/div>\n
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\u201cStop and Frisk\u201d Ruled Unconstitutional in NY: What … – Micah Hanks<\/h3>\n<\/div>\n
These were among the more poignant statements included by a U.S. District Judge, Shira Scheindlin, in her ruling that a New York City Police Department crime-prevention tactic known as \u201cstop-and-frisk\u201d is a violation of the Fourth …<\/div>\n
http:\/\/micahhanks.com\/ \u2014 Tue, 13 Aug 2013 09:15:24 -0700<\/span><\/div>\n<\/div>\n
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NYPD’s Stop-and-Frisk Unconstitutional; Mayor Vows to Appeal …<\/a><\/h3>\n<\/div>\n
The NYPD’s stop-and-frisk practice is unconstitutional, a federal judge ruled Monday, finding that the policy violated the Fourth Amendment as well as equal protection principles. New York City Mayor Michael Bloomberg vowed to appeal the …<\/div>\n
http:\/\/blogs.findlaw.com\/decided\/<\/a> \u2014 Tue, 13 Aug 2013 08:34:01 -0700<\/span><\/div>\n<\/div>\n
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New York – NYC Mayor Lambastes Stop-And-Frisk Ruling …<\/a><\/h3>\n<\/div>\n
New York – A federal judge’s stinging rebuke of the police department’s stop-and-frisk policy as discriminatory could usher in a return to the days of high violent crime rates and end New York’s tenure as “America’s safest big city,” Mayor …<\/div>\n
http:\/\/www.vosizneias.com\/<\/a> \u2014 Tue, 13 Aug 2013 07:59:16 -0700<\/span><\/div>\n<\/div>\n
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District Court Judge Rules New York City’s \u201cstop and frisk\u201d policy is …<\/h3>\n<\/div>\n
According to the New York Times, the judge tried to build an invincible case against an appeal in her 198-page ruling which analyzed in detail 19 individual cases where city residents were subjected to a \u201cstop and frisk\u201d out of more than 4 …<\/div>\n
http:\/\/lightfromtheright.com\/ \u2014 Tue, 13 Aug 2013 07:55:33 -0700<\/span><\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

And Emperor Michael Bloomberg is royally pissed about it too! Now a little background. His royal shortness, Nanny Bloomberg, along with his sheriff, Raymond Kelly, have been stopping people going about their business and frisking them, ostensibly to relive them of contraband. Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":10886,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"advanced_seo_description":"","jetpack_seo_html_title":"","jetpack_seo_noindex":false,"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[3,135,37,71,35],"tags":[94,52,3,15,17,27,35],"class_list":["post-12755","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-crime","category-just-desserts","category-liberty-politics","category-news-of-the-day","category-tyranny","tag-chump-of-the-week","tag-constitution","tag-crime","tag-incompetence","tag-liberty","tag-totalitarianism","tag-tyranny"],"views":983,"jetpack_featured_media_url":"https:\/\/i0.wp.com\/angry.net\/blog2\/wp-content\/uploads\/2013\/02\/Rape-whistle.jpg?fit=800%2C600&ssl=1","jetpack-related-posts":[{"id":15677,"url":"https:\/\/angry.net\/blog2\/?p=15677","url_meta":{"origin":12755,"position":0},"title":"Bloomberg blows another $150,000","author":"Angry Webmaster","date":"August 13, 2014","format":false,"excerpt":"Once again, Michael Bloomberg, former emperor of New York City, has blown even more money trying to support anti-gun politicians and referendum. In this case, he went after a sitting sheriff who was running for reelection.","rel":"","context":"In "Hero"","block_context":{"text":"Hero","link":"https:\/\/angry.net\/blog2\/?cat=181"},"img":{"alt_text":"King Bloomberg","src":"https:\/\/i0.wp.com\/angry.net\/blog2\/wp-content\/uploads\/2012\/05\/King-Bloomberg-300x257.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":10866,"url":"https:\/\/angry.net\/blog2\/?p=10866","url_meta":{"origin":12755,"position":1},"title":"Bloomberg the hypocrite","author":"Angry Webmaster","date":"February 18, 2013","format":false,"excerpt":"Calling King Michael A. Bloomberg a hypocrite is like calling water wet. So, what has his imperious shortness done this time? 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