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NYPD Conducts Suspicionless Stops in Private Buildings: Suit

Wednesday, March 28, 2012 - 12:58 PM

NYPD, police, New York Police Department (Stephen Nessen/WNYC)

A federal class action was filed against New York City and Police Commissioner Ray Kelly on Wednesday for what plaintiffs allege are suspicionless stops within private residential buildings.

Under the NYPD's enforcement of a program known as Operation Clean Halls, a landlord enters into an agreement with the NYPD, which grants officers permission to patrol inside the building at any time they choose.

"Operation Clean Halls had placed hundreds of thousands of New Yorkers, mostly black and Latino, under siege in their own homes,” said Donna Lieberman, executive director of the New York Civil Liberties Union. 

The lawsuit was filed Wednesday in the federal district court for the Southern District of New York on behalf of residents of buildings enrolled in the program. 

Lawyers for the class members said sometimes police often get keys throughout the building and tenant rosters. In Manhattan, plaintiffs lawyers estimate about 3,900 buildings with overwhelmingly black and Latino residents, are enrolled in the program.

This is now the third class action filed against the city for the police's stop and frisk practices.

NYPD Deputy Commissioner Paul Browne defended the program. "By challenging uninvited individuals, police are providing a level of safety to tenants that residents of doormen buildings take for granted," he said in a statement.

The lawsuit against Operation Clean Halls does not seek to eradicate the program, but only curb what plaintiffs call abusive stop-and-frisk practices. 

The plaintiffs allege regular floor sweeps by officers are leading to constitutional violations.

Specifically, they assert that suspicionless stop and frisks and wrongful trespass arrests have violated their Fourth Amendment rights against unreasonable searches and seizures. 

"You get to the point that you don't feel like a human being.," said Jacqueline Yates, one of the named plaintiffs in the lawsuit who lives in the Bronx.  "I got family members that don't send their kids over because they're scared they're gonna be stopped."

They also contend their First Amendment rights of assembly are infringed upon when friends and family members are too intimidated by police presence to visit their buildings.

Plaintiffs also argue the city is violating the Fair Housing Act by operating the program in a way that disparately impacts blacks and Latinos. 

"I can't count the number of times I've watched police throw my son and his friends up against the wall," said Fawn Bracy, a Bronx resident and another named plaintiff, "and I have to run downstairs and just keep running and running and stopping them from harassing these kids for just sitting in their own courtyard where they live at."

Criminal justice advocates says wrongful trespassing arrests bring disruptive consequences to the individual lives of those living under the Clean Halls program.

"Fighting these illegal charges requires taking full days off at a time, from work or from school, for court appearances stretching out for more than a year," said McGregor Smyth of the Bronx Defenders, a public defender organization that has helped lead the lawsuit.

Operation Clean Halls started in the early 1990s, and involves thousands of buildings throughout the city.

Plaintiffs contend the NYPD has no centralized oversight over the program. They are asking the police to stop asking residents to flash their IDs, to stop arresting people for trespassing without first establishing if the person is allowed to be there and to beef up citywide standards for enrollment into the program. 

NYPD data shows the police made about 329,446 stops between 2006 and 2010 on suspicion of trespassing, which amounts to about 12 percent of stops. Seven percent of those stops resulted in arrest.

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Comments [6]

Brian from Nyc

Peoe are just asking the city to go. BAck to the way it was in the 80-90's.. When are you going to see that you sleep in your homes and apartments under the veil of safety we provide.. These ppl bitch one minute the. Call 911 to report the homeless guy sleeping in their lobby.. Which do u want the police in your building to stop the guy from breaking into your apartment or smoking crack in your stairway landing. Or us taking a report after its already happened...

Mar. 28 2012 09:25 PM
ann

The constant stream of groundless law suits using racism as a tump card is tedious and costly. The landlords agree to the program. If the tenant doesn't like the way the landlord runs his/her building, move!

Mar. 28 2012 02:07 PM
boballende from Victorville, CA.

It is no accident that many police, city attorneys, & judges have better pay, benefits, and a better retirement plan than most other Americans. It is a deliberate attempt to divide and separate them from normal Americans, and thus, make them more pliable to do the bidding of government, which unfortunately means, the bidding of major corporations. We need to start taking authority away from these people because if the economy continues to falter and more Americans start to object, these government employees who perceive themselves to be privileged and elite are the ones that are going to protect the status quo.

Mar. 28 2012 01:31 PM
Karen

Why should the elderly and women be safe in their hallways? The war on women and the elderly continued. I left NYC in the 1990s when the ACLU went to court so some crazy homeless woman could live in my doorway and throw feces at people.

Mar. 28 2012 01:28 PM
GreenPus

Randomly frisking people in the halls of their apartment building is indeed an unreasonable search.

However, I doubt there is a case here for discrimination since the landlords are signing up voluntarily. The public is growing weary of constant, unsubstantiated charges of racism. Unfounded accusations of racism are themselves a form of racism.

Try arguing a case on its merits for once.

Mar. 28 2012 01:19 PM
Vermonator from San Jose, CA

Wow... This is a clear violation of people’s civil rights... Acting like a police state, just like Soviet Russia and Nazi Germany, brilliant! It never ceases to amaze me how constitutionally retarded our law enforcement is through out our alleged "Free Country". I think cops, lawyers and judges need to be able to recite the constitution and bill of rights on site or they should get suspended without pay.

Mar. 28 2012 01:15 PM

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