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Stop-and-Frisk Federal Trial Begins

Tuesday, March 19, 2013

Ian Weinstein, professor of law and associate dean for clinical and experiential programs at Fordham University, talks about the details of the Stop and Frisk case, what's at stake, and what we can expect to hear over the coming month during the trial.

 

 


Guests:

Ian Weinstein

Comments [33]

Bob from Brooklyn

Grrrrr... I'm sorry to have missed this show!

Mar. 20 2013 12:56 PM
Martin Chuzzlewit from Manhattan

Stop and frisk is too little.

It should be stop and arrest. (I'm sure that they are guilty of SOMETHING.)

Mar. 19 2013 08:32 PM

why not stop the stop and frisk and instead pass a law that says first offense, illegal possesion of a firearm, punishment is life. no parole. then when they do stop and frisk and someone has an illegal gun, shame on them and goodbye.

Mar. 19 2013 11:40 AM

blksocialist from BK baby - hmm. no links? then you just vomited. no one cares. The city seems to claim it's effective. i'd like to think they are stopping and frisking in areas that are high crime, not based on race. but what do i know? if they arent and are basing it on race then thats obviously a violation.

Mar. 19 2013 11:39 AM
blksocialist from BK baby

Jim: not my job, and the facts are routinely ignored by the folks that want to maintain their ignorant racist positions. cognitive dissonance. it's never that hard to find the truth, it just takes the will....i would, however, direct you to CCR or NY-ACLU....

Mar. 19 2013 11:10 AM
The Truth from Becky

A large number of young males, white, Black and Brown 15-20...are frightening period, to much aggression...there is a chromosome missing...something's missing.

Mar. 19 2013 11:04 AM
Jim

@blksocialist from BK baby

Educate us. Post links please.

Mar. 19 2013 11:02 AM

Sheldon - no. im saying that we as a society seemed to have no problem racially profiling all arabs after 9/11, but god forbid the cops in a HIGH CRIME area stop and talk to people who under their trained eye may seem to be suspicious. remember cops are trained to notice behaviors that the average person does not pay attention to.

Mar. 19 2013 11:00 AM
blksocialist from BK baby

you people are clueless... just pathetic... look at the stats on stop and frisk m*rons. look at the number of people that are charged, the guns seized. fact: the number of guns confiscated by the police from whites exceed that from black/brown people. and the number of stops of whites is 1/10 the amount of stops of black/brown.... what does this mean? nothing to you dimwits....

Mar. 19 2013 10:57 AM
Sheldon from Brooklyn

illf, what's your point? Are you saying that two wrongs make a right?

Mar. 19 2013 10:56 AM

"bringing up Arabs is confusing the issue" - is it? do we have a short memory or what? every black comedian after 9/11 made jokes about how arabs are the new blacks and how everyone looks at an arab on a plane and everyone is cool will extra checking of the arab before they get on a plane. or do we not remember this? the fact of the matter what we did to arabs after 9/11 is similiar to this. racial profiling. i repeat the question, we did it with arabs after 9/11, why is this different? because there is a long history of distrust of the police in high crime areas. the police in these areas can never do anything right.

Mar. 19 2013 10:52 AM
Mike from Jersey City from New Jersey

Brian,

Don't you think it's a tad insulting to ask a trained police officer whether their training involves a discussion of Constitutional rights?

You seem to be projecting an image of the NYPD as a collection of troglodytes. Not cool, and not very unbiased.

Mar. 19 2013 10:52 AM
Jim

Regarding the caller. There is no conversation that you can have with a curious police officer that will not give them a way to justify 'reasonable suspicion'.

Mar. 19 2013 10:50 AM
Sheldon from Brooklyn

illg. Young minority youth are responsible here in NYC for the overwhelmingly amount of gun/violent crime, they will be stopped more, I get that. That's life.

What I have a problem with, is the blanket amounts of "stops and frisks" and the lack of professionalism often used when it happens. I saw a stop and frisk and it was not nice.

Mar. 19 2013 10:49 AM

Sheldon - "Including legitimate stop and frisks?" what IS a legitimate stop and frisk? only one that results in an arrest? thats like saying they should be able to read minds.

Mar. 19 2013 10:47 AM
JEZ from 10039

Bringing up Arabs is confusing the issue. That was wrong and so is this.
Martial law would eliminate virtually all crime, but that doesn't mean we should employ that tactic. This is about lazy police work. Instituting a climate of fear instead of taking the hard steps to find and arrest the true criminals in the neighborhood.

Mar. 19 2013 10:46 AM

RUCB_Alum from Central New Jersey - great! cops will be less likely to stop and frisk anyone! great solution! isnt there a point where an individuals rights are usurped by society? because we have other rights in the bill of rights, like the second amendment, which clearly states we have the rights to bear arms but their are laws AGAINSt owning a rocket launcher. a rocket launder is clearly an arm. how can we legislate IN FAVOR of society and against a person right when it comes to a rocket launcher but stopping and frisking a person is a high crime area is a human rights violation?

maybe this issue is more of a hot topic because RACE is involved? take the race component out of this and the issue is clearly resolved.

Mar. 19 2013 10:45 AM
Sheldon from Brooklyn

iilf - hmm, let me see.....Cops can use good police work? Within the Constitution? Including legitimate stop and frisks?

Mar. 19 2013 10:44 AM
jgarbuz from Queens

I repeat my question. Do minors have the right to carry arms under the Second Amendment? And is frisking kids for guns considered an unreasonable search without a warrant?

Mar. 19 2013 10:42 AM
The Truth from Becky

This is garbage information and advice...there is NEVER going to be a time, when a minority refusing to stop and acknowledge a police officer, is ever going to have a positive outcome.

Mar. 19 2013 10:42 AM

@jgarbuz from Queens - great question. how can we legislate against the 2nd amendment for children but the 4th amendment applies to minors?

Mar. 19 2013 10:42 AM
Sheldon from Brooklyn

Actually - John, if I were to be falsely arrested, I would settle for much more than $5000.

Maybe you would smile and tell the cops that "it's all good papi" "you was just doing your job.

Mar. 19 2013 10:40 AM

@Frank@Nycgarden - EXACTLY!!

Mar. 19 2013 10:39 AM
RUCB_Alum from Central New Jersey

Stop and Frisk - where the frisking turns up nothing, is clearly a violation of the Fourth Amendment - if the probable cause had been there, then there would have been an arrest. Is it an honest mistake or an attempt to harrass? Does it matter?

I repeat my only partially tongue-in-cheek suggestion from a few weeks back...If the stop and frisk does not result in an arrest, the city is de facto guilty of a human rights violation and the victim should be compensated for the annoyance, time lost, embarassment, etc. $5k sounds about right to me. Weren't the folks penned up in bus garages during the Republican Convention paid $20K?

Mar. 19 2013 10:38 AM

Sheldon. What tools can the police use to stop gang violence and drug dealing in high crime areas? Most americans had no problem profiling an Arab getting on a plane after 9/11. why is this different? furthermore, dont the stats show most criminals live in high crime areas? what tools can society at large use to keep ourselves, including our children safe?

Mar. 19 2013 10:37 AM
Frank@Nycgarden

What's the difference between the subway searches and stop and frisk?

Mar. 19 2013 10:36 AM
jgarbuz from Queens

Well, one question to be asked is, do minors have second amendment rights? Do children have the right to bear arms? And if not, then can police stop and frisk children they suspect of bearing arms?

Mar. 19 2013 10:35 AM
Sheldon from Brooklyn

illf, "as much as I hate big brother" but?...You scare me.

There is a difference between stopping and frisking for legitimate reasons and randomly harassing an entire group of people.

Mar. 19 2013 10:34 AM

how is this unconstitutional when we were profiling Arabs after 9/11? We can't pick and choose profiling can we? If profiling in of itself unconstitutional?

Mar. 19 2013 10:34 AM
john from office

The average false arrest case is settling for 5 thousand dollars. Lawyers smell blood and the "community" cannot see that this is a matter of security, their own are killing their own. Further desending down the road to cultural suicide. The race baiters are out in force, looking for money, fame and a cause.

Mar. 19 2013 10:32 AM

maybe the community at large needs to start doing what is done in lower crime areas. Call the Police when they see stuff! Rather than turn a blind eye and then just trash the police.

Mar. 19 2013 10:31 AM
Sheldon from Brooklyn

Just to piggyback on the last segment. Stop and frisk, is a perfect example of the lack of empathy by people who are not affected by a policy.

If the sons of Upper East Side living New York Post columnists were stopped and harassed by the NYPD, they would do a Sen Portman and change their stance asap.

Mar. 19 2013 10:29 AM

as much as i hate big brother, how else can the police clean up areas of known drug and gang activity? not saying we should trade the 4th amendment for "safety" but geesh, its almost as if criminals have more rights than society at large. furthermore, all of society was pretty much ok with profiling Arabs (islamic) after 9/11.

Mar. 19 2013 10:29 AM

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