The plaintiffs rested their case temporarily today in Floyd v City of New York, the 'Stop & Frisk on Trial' proceedings currently under way in Federal Court in Manhattan. But plaintiffs' attorneys were as busy as ever digging up evidence of NYPD's misconduct, cross-examing the witnesses the defense put on the stand.
The city's first witness as they began their case was Chief James Shea... he was the head of the Police Academy and he testified today about the department's training of officers as it related to giving direction about what constitutes reasonable suspicion and about conducting frisks. A training video... ((was)) shared with the court. The video... listed a number of signs to watch out for. These included carrying a tilted shopping bag, carrying an elongated package, having one's hands in one's pockets and walking away as an officer approaches. Shea indicated that a single factor could not be taken as reasonable suspicion and that officers needed to assess a situation overall.
So make sure (at least if you are black or brown) that you evenly distribute by weight all the groceries you've just bought, lest you be guilty of the heinous crime of "tilted shopping bag." And buy some gloves while you're at it.
You wouldn't want it to get cold and inadvertently stick your hands in your pockets.
Before the plaintiffs rested today they called one last witness, James McCarthy, a special operations lieutenant who "supervised the sergeants, who supervise beat cops."
He made a couple of statements that underscore once again that apparent lack of interest throughout the NYPD in ascertaining whether stops are conducted in compliance with the Constitution. As of his deposition in 2009, he said no sergeant had ever discussed a UF 250 with him. And he said he'd never discussed the NYPD's racial profiling policy with anyone under his supervision.
We also found out today that there are four "levels" of interaction between the police and the public. Level three is what happens at 'reasonable suspicion', but what was most alarming was level two. At level two, theoretically, one is free to walk away from the officer, but
... actions an officer may take at level two - without the need for reasonable suspicion - is that an officer "may place hand on holstered firearm" and "may ask individual to remove his/her hands from pockets, direct an individual to remove an item held in his/her hand, may forcibly remove individual's hand from pocket."
So while the officer who just came up to you has one hand on his holster and with the other hand is grabbing your hand and forcibly removing it from your pocket, feel free to turn and calmly walk away. As CCR's summary of today' proceedings put it
How many New Yorkers would avail themselves of the right to walk away from an officer with his or her hand on a holstered firearm was a question not addressed.
The 'Stop & Frisk' trial has been ongoing for five weeks now, with approximately 20 days of testimony being heard. Almost every day
brings forth some new barely-to-believed revelation about how NYPD conducts its decade old Stop, Question and Frisk policy. Judge Shira Scheindlin will ultimately decide on the constitutionality of the policy as it is practiced, and what remedies to put in place should she find it lacking.
Other Stop & Frisk on Trial and Related Diaries:
'Stop & Frisk' Dealt Major Blow in NYC by Federal Judge."
Mr. "Stop & Frisk" Comes to Oakland.
Stop & Frisk on Trial. 'Floyd v City of New York', Class Action against Stop&Frisk, Began Yesterday.
Stop & Frisk on Trial: NYPD Chief Kelly Admitted Cops Target Blacks 2 'Instill Fear' Says State Sen.
Stop & Frisk on Trial.
Is That a Gun in Your Pocket or Are You Just Terrified to See Me?
Man Puts Hands in Pockets Because Its Cold - Stopped by NYPD For 'Suspicious Bulge'.