Mayor Michael Bloomberg trotted out shopworn, discredited arguments this week while defending the constitutionally suspect police program under which hundreds of thousands of innocent New Yorkers have been detained and questioned on the streets every year. His speech, at 1 Police Plaza, castigated civil rights lawyers who oppose what they say is the practice of stopping people based on race instead of reasonable suspicion; Democratic mayoral candidates who want to rein in the stop-and-frisk program; and the City Council, which is considering a perfectly reasonable bill that would create the position of Police Department inspector general, with broad powers to review department policies.
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Mr. Bloomberg denied that police officers stop people based on race, adding that members of minority groups were more likely to be stopped because minorities committed most of the crimes. But court documents in the three federal lawsuits that are moving through the judicial system tell another story entirely.
The data in the case of Floyd v. City of New York, a class action being heard in federal court in Manhattan, show that in tens of thousands of cases, officers reported stopping people based on "furtive movement," a meaningless term that cannot be legally used to justify a stop. Officers also reported that they had made stops in "high crime areas," when, in fact, some of those areas were not. In many cases, officers said that they had stopped people based on a "suspicious bulge" — suggesting a gun — in their clothing. Yet, according to court documents, officers found only one gun for every 69 stops in which they cited a "bulge." And guns were seized in only 0.15 percent of all stops.
In addition, only 5.4 percent of all stops resulted in an arrest, and about 6 percent led to a summons. This means that in nearly 90 percent of cases, the citizens who were stopped were doing nothing illegal. In some cases, prosecutors declined to automatically prosecute arrests made in connection with the program because they knew that the stops were illegal.
Mr. Bloomberg's suggestion that the program has been responsible for historic drops in crime is also implausible. Crime has declined all over the country, including in places that have not used New York's aggressively invasive techniques. Besides, if crime rates and street stops had a strong correlation, the murder rate would have gone up in 2012, when stops declined by about 20 percent. In fact, the murder rate fell in 2012 to an all-time low.
Mr. Bloomberg's implication that the program's critics are more interested in vexing City Hall than in keeping the streets clear of murderers was especially reprehensible. No one is opposed to using effective, constitutional means of fighting crime. The problem is that over the last decade the Police Department has shown utter contempt for Fourth Amendment guarantees of freedom from unreasonable search and seizure. And worse, these tactics have been used largely against young black and Hispanic men.
Mr. Bloomberg may never change his views. But his stubborn refusal to see the program's dangers has not stopped three civil rights lawsuits from going forward in federal court and the City Council from trying to curb the use of tactics that have alienated minority communities from the police and made law-abiding citizens feel like criminals in their own neighborhoods.
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