Stop-and-Frisk Is Still Unconstitutional, Says Federal Appellate Court

Categories: Stop and Frisk

shirascheindlin.jpg
Wikimedia Commons
Judge Shira Scheindlin in oil, we think?
The endless volley between Mayor Bloomberg and appeals courts is over: On Friday morning, a federal appellate court denied the city's motion to vacate U.S. District Judge Shira Scheindlin's ruling that stop-and-frisk is unconstitutional. The ruling detonates Bloomberg's last hope of overturning the ruling before Bill de Blasio takes office January 1.

The Second Circuit Court of Appeals, the same three-judge panel that removed Scheindlin from the stop-and-frisk over partiality concerns, dropkicked the city's motions with a five-page opinion Friday morning.

See also: Appeals Court Blocks Judge Shira Scheindlin's Stop-and-Frisk Ruling, Removes Her From Case

Scheindlin ruled in August that stop-and-frisk was unconstitutional and imposed a serious of reforms on the NYPD aimed at curtailing the practice. But on October 31, the Second Circuit deemed that Scheindlin had acted partially, a decision based in part on the interviews she granted with the media in the weeks following the ruling.

On November 9, the city renewed its efforts to get out from under Scheindlin's ruling by filing a motion to vacate her decision. Today the Second Circuit said no.

We wish you could tell what the basis for the denial was, other than because the facts of the case had not changed, there were no grounds to vacate Scheindlin's decision. Other than that, it's pure legalese all the way down.

But the point is: Stop-and-frisk remains unconstitutional, at least until the city regroups to file another people. Whether they will succeed before January 1 is up in the air. We have to admit, finding a way around the Fourth Amendment in six weeks would be impressive

The full decision is on the next page.


Sponsor Content

My Voice Nation Help
3 comments
gold
gold

Meanwhile, the NSA is all through your life and uses a secret "court" which has never existed in US history.  Of course "stop and frisk" is illegal. So what? They will call it something else like "protect and serve."  Or maybe "save the children (from themselves)."  Friends, if the NSA can use your computer cam to look at you and tap the phones in Congress, stop and frisk is nothing. All the Obama TRILLIONS went to Wall Street, Martha's Vineyard, Marco Island, London's CIty and the Hamptons. All this while you pay more for the subway that was built with capital from 100 years ago. Got a cell phone in your pocket? They can turn it on anytime. The real stop and frisk should have been on Wall Street, but then the plebians would not learn the physical lesson that they exist at the pleasure of armed force. And hey, there's no "Knockout" going on in Brooklyn. Brooklyn does not exist, right? Remember, vote communista, it's hip and look where it is going to get you. You'll like "Protect and Serve" so long as you shut up and fall in line -and you do the serving.  Read Edward Bernays,open your mind, reject anything, anything from Harvard where you are seen as animals. Use Google: "Teddy Roosevelt genetic superiority Harvard. " While you're at it, because you are probably Margaret Sanger fans, Google: "Margaret Sanger Weeds." Not  enough? What's the racial composition of Roosevelt HS in the Bronx and, going up the road in the same Bronx, what's the racial composition of Bronx High School of Science? Why is that? How about Morris HS in the same Bronx? Stop and Frisk is nothing compared to what is right before your misdirected eyes. Read Bernays. Stop being a serf.

amerikaisfinished201
amerikaisfinished201

"Stop-And-Frisk Is Still Unconstitutional, Says Federal Appellate Court"

The USSA has LEGALIZED TORTURE, LEGALIZED ASSASSINATIONS, LEGALIZED WAR CRIMES, LEGALIZED FINANCIAL FRAUD, LEGALIZED KIDNAPPINGS, LEGALIZED JUDICIARY MALFEASANCE, LEGALIZED CRIMES AGAINST HUMANITY, LEGALIZED FOOD POISONING, LEGALIZED CORPORATE BRIBERY and it has morphed into a POLICE STATE...so please clarify WHAT F'ING "CONSTITUTION" ARE YOU BLATHERING ABOUT?

Now Trending

New York Concert Tickets

From the Vault

 

Loading...