NYPD's 'stop-and-frisk' practice is unconstitutional, judge rules

(Reuters) A judge ruled on Monday the New York Police Department's "stop-and-frisk" crime-fighting tactic unconstitutional, dealing a stinging rebuke to Mayor Michael Bloomberg, who had argued the practice drove down the city's crime rate.

U.S. District Judge Shira Scheindlin called it "indirect racial profiling" because it targeted racially defined groups, resulting in the disproportionate and discriminatory stopping of tens of thousands of blacks and Hispanics while the city highest officials "turned a blind eye," she said.

"No one should live in fear of being stopped whenever he leaves his home to go about the activities of daily life," Scheindlin wrote in her opinion.

As part of her ruling, Scheindlin ordered the appointment of an independent monitor and other immediate changes to police policies. Her "remedies" address two lawsuits, one brought by the New York Civil Liberties Union (NYCLU) and the other by the Center for Constitutional Rights.

"Today is a victory for all New Yorkers," the Center for Constitutional Rights said in a statement. "After more than 5 million stops conducted under the current administration, hundreds of thousands of them illegal and discriminatory, the NYPD has finally been held accountable. It is time for the city to stop denying the problem and work with the community to fix it."

Bloomberg has resisted interference in his police policies, especially that of stopping, questioning and frisking anyone for "reasonable suspicion" in high-crime areas.

The mayor has sought to preserve a legacy that includes a 30 percent reduction in violent crime since 2001, the year he was first elected. Bloomberg will step down on January 1 after 12 years in office.

The judge, who presided over the 9-week trial without a jury, ruled the effectiveness of "stop and frisk" was irrelevant.

"Many police practices may be useful for fighting crime -preventive detention or coerced confessions, for example - but because they are unconstitutional, they cannot be used, no matter how effective," the ruling said.

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