‘Digital stop and frisk’ to end
NEW YORK — New York City police officers can no longer detain people solely to determine if there is a warrant for their arrest, if they don’t believe a crime has happened or is imminent, under a settlement filed in Manhattan federal court Friday.
Police often stop people because officers believe they have illegal weapons or have committed another crime. But now, during these stops, officers will be permitted to ask only questions related to the stop itself, under the new settlement. If the reason for the stop is resolved, the person will be free to go. Critics have branded the practice “digital stop and frisk.”
Previously, even if officers did not find evidence of a crime, they would often hold people longer to conduct warrant checks using digital databases that rely on surveillance systems, according to a lawsuit brought by the Legal Aid Society, Handley Farah & Anderson, and Stroock & Stroock & Lavan on behalf of seven people who were the subjects of these warrant checks.
The case challenged practices reminiscent of policing in the 2000s, when stop-and-frisk tactics often targeted people of color as officers sought guns and drugs. Those practices were later deemed unconstitutional.
Mayor Eric Adams, a former police officer, has lauded stop-and-frisk in his crusade against crime. While he has acknowledged
that the department abused residents in the past, he said that the practice is still a necessary tool for officers on the streets.
Friday’s settlement, in which the city admitted no liability, requires it to pay about $454,000 in attorney fees and damages. All officers must also be trained in the new policy changes by the end of January.
In a statement, the city’s Law Department said that “the NYPD is committed to upholding the constitutional rights of individuals and has agreed to clarify existing policy to make it clear when officers can run a warrant query during a detainment.”