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NYPD 'Stop-And-Frisk' Policy Ruled Unconstitutional

NYPD 'Stop-And-Frisk' Policy Ruled Unconstitutional

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A key part of the NYPD’s controversial “stop and frisk” tactic has been ruled unconstitutional.



Federal Court Judge Shira Scheindlin ordered police to refrain from making some trespass stops outside private residential buildings — even though the landlord has given officers permission to do so as part of the NYPD’s “Clean Halls” program.



"While it may be difficult to say when precisely to draw the line between constitutional and unconstitutional police encounters such a line exists, and the NYPD has systematically crossed it when making trespass stops outside buildings," Scheindlin wrote in a 157-page ruling.



A key part of the NYPD’s controversial “stop and frisk” tactic has been ruled unconstitutional.



Federal Court Judge Shira Scheindlin ordered police to refrain from making some trespass stops outside private residential buildings — even though the landlord has given officers permission to do so as part of the NYPD’s “Clean Halls” program.



"While it may be difficult to say when precisely to draw the line between constitutional and unconstitutional police encounters such a line exists, and the NYPD has systematically crossed it when making trespass stops outside buildings," Scheindlin wrote in a 157-page ruling.

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Categories:Types, Business/Law
Published by: FindLaw on Jan 10, 2013
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09/17/2013

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Criminal trespass is defined under section 140 of the New York Penal

Law. As the Appellate Division, First Department, of the Supreme Court of New

York recently stated in a case concerning alleged trespass in a Clean Halls

building:

A person is guilty of criminal trespass in the second degree

when, in pertinent part, he “knowingly enters or remains

unlawfully in a dwelling” (Penal Law § 140.15[1]). A person

“enters or remains unlawfully” in or upon premises “when he is

not licensed or privileged to do so” (Penal Law § 140.00[5]). “In

general, a person is ‘licensed or privileged’ to enter private

premises when he has obtained the consent of the owner or

another whose relationship to the premises gives him authority to

issue such consent” (People v. Graves, 76 N.Y.2d 16, 20 . . .

[1990]). The prosecution bears the burden of proving the absence

of such license or privilege (People v. Brown, 25 N.Y.2d 374, 377

. . . [1969]).

53

The trespass law also states:

A person who, regardless of his intent, enters or remains in or

upon premises which are at the time open to the public does so

with license and privilege unless he defies a lawful order not to

enter or remain, personally communicated to him by the owner of

such premises or other authorized person. A license or privilege

to enter or remain in a building which is only partly open to the

public is not a license or privilege to enter or remain in that part

See Terry, 392 U.S. at 16–20.

52

In re Lonique M., 939 N.Y.S.2d 341, 343 (1st Dep’t 2012).

53

20

Case 1:12-cv-02274-SAS-HBP Document 96 Filed 01/08/13 Page 20 of 157

of the building which is not open to the public.

54

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