Saturday, August 10, 2013

NYPD To Stop Storing Stop-And-Frisk Data On Innocent New Yorkers

The Bloomberg administration has settled a lawsuit filed by the New York Civil Liberties Union (NYCLU) by agreeing to stop the NYPD from maintaining a database of New Yorkers who were stopped and frisked yet cleared of wrongdoing. A lead plaintiff, Clive Lino, a black man who has been stopped at least 13 times, said, "It is a relief to know that my personal information will be cleared from the stop-and-frisk database. It is humiliating enough to be stopped and frisked for no reason; having your name and address kept in a police database only prolongs the indignity of it." While the resolution of the stop-and-frisk practice remains unsettled, this is a positive step:

The lawsuit, Lino v. City of New York, was filed in May 2010 on behalf of hundreds of thousands of New Yorkers whose personal information is kept in the NYPD stop-and-frisk database even though state laws require that all police records of their stop-and-frisk encounters be sealed and not be available to any public or private agency once their cases are dismissed.

...The lead plaintiffs, Clive Lino and Daryl Khan, are New York City residents who have been stopped and frisked by police officers, issued summonses, and subsequently cleared of any wrongdoing.

During a stop-and-frisk encounter in the Bronx in April 2009, NYPD officers threw Lino against a wall, frisked him, handcuffed him and searched his pockets. The police officers issued him summonses for spitting in public and possessing an open container. Both were dismissed.

...Khan, a freelance journalist who covered the NYPD for more than a decade, was riding his bike at the corner of Tompkins Avenue and Park Avenue in Brooklyn on Oct. 7, 2009 when two police officers in an unmarked van pulled him over. The officers pulled him from his bike, threw him against a wall and searched his pockets against his will. He was issued a summons for disorderly conduct and one for riding his bike on the sidewalk. Both were dismissed.

"Essentially, I was in an NYPD database for riding my bike," said Khan, who has never been arrested and has no criminal record. "As someone who has covered the NYPD as a journalist, I know that good police work is done in this city without a sprawling database of innocent people’s information."

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