FLOYD VS THE CITY OF NEW YORK By James Zaccaro, Brendan O’Donnell, Kenneth Macadeg, Samuel Lobley and Steven Schuffenhauer

STOP AND FRISK  Stop and Frisk refers to a form of warrantless search and seizure, specifically in New York City  The process involves an officer stopping someone on the street, and giving them a pat-down or a “frisk” for scientific evidence or illegal items  Sometimes, it can help police prevent crime, find evidence, or solve a crime.  Used when the police are arresting someone, but also done on the street at random  Has a very low success rate

STOP AND FRISK (CONT.) Pros  Can help prevent all sorts of crimes before they happen  Can make NYC a better place Cons  Controversy over whether it is a violation of the 4 th amendment  Happens more often to minorities. Much controversy over racial discrimination ​  There is much controversy over whether racism has anything to do with it  Obviously, the cons far outweigh the pros ​

FACTS ABOUT STOP AND FRISK  In % of stop and frisk in NYC were if Africans and Latinos while only make up 52% of the population  Of all the stop and frisk only 6% resulted in an arrest  The use of Stop and Frisk has increased 600% since 2002  In 2011, New Yorkers were stopped by the police 685,724 times.  605,328 were totally innocent (88 percent).  341,581 were aged (51 percent). ​  How many Times Force Used  Black: 76,483  Latino: 53,107  White: 9,765

FLOYD INCIDENT  David Floyd, African American who’s godmother owns an apartment building  Tenant says he is locked out of his apartment  Floyd proceeds the get keys from the apartment building’s office  Key is on large key ring with many other keys  Goes back to the tenant and begins to try various keys to see which one worked.  Found the correct key  Before they can open the door, they are stopped by three police officers  Officers proceed with stop and frisk  Officers thought the men were breaking and entering the apartment

DAVID OURLICHT INCIDENT  Helping a friend move stuff in his apartment  Went to have a cigarette, sitting in front of the building  Police start running at them with guns drawn saying they heard a gun in the area, told them to get on the ground  Van shows up, armored police jump out  Police throw what’s in their hands onto the floor  “I could feel the guns pointed at me”  Police stop and frisk Ourlicht and other people in front of the building  No gun found, police take names and id’s

THE LAWSUIT  Class Action Lawsuit  Nineteen Testimonies  Filed on behalf of all minorities, not just those giving testimony  Plaintiff accuse police of violating the 4 th and 14 th Amendment  4 th Amendment- The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized  14 th Amendment-”…No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

THE TRIAL  Trial begins March 18, 2013  Ends on May 20, 2013  Judge Scheindlin issued two decisions in favor of plaintiff - on liability and on remedy - on August 12,  Police department and City of New York files notices of appeal  City has since dropped appeal, opposed by police unions.  Oral arguments for appeal being on October 15, 2014.

WORKS CITED  Center for Constitutional Rights. N.p., n.d. Web. 6 Oct  MSNBC. MSN, 7 Aug Web. 6 Oct  NYCLU. NYCLU, n.d. Web. 6 Oct