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Community Forum on Police Brutality: Stop and Frisk
November 17, 2016 @ 6:00 PM - 8:00 PM
RSVP to: firstname.lastname@example.org or 718 852 2960
Have you noticed changes in how policing happens in your neighborhood?
Do you have ideas about what changes still need to happen?
WE WANT YOUR FEEDBACK AND INPUT!
Want to read more about current policy and practice reforms? See below…
1. Revision of written policy on stop and frisk. (Patrol Guide Section 212-11).
- The policy now clearly states:
- What constitutes a stop
- When a stop may be conducted
- When a frisk may be conducted
- When a search may be conducted
- The Patrol Guide also provides officers with guidance on encounters with civilians that are less intrusive than a stop.
- Officers must document stops, frisks and searches. d. Supervisors must review the constitutionality of the stop not just whether paperwork was filled out.
2. Revision of NYPD policy prohibiting racial profiling and other profiling. (Patrol Guide Section 203-25).
a. The policy states that police stops, frisks, arrests or other law enforcement actions may not be motivated by race, ethnicity or national origin of an individual, except in cases where race or ethnicity is part of a reliable and specific suspect description.
3. New policy on interior patrol (sometimes called “vertical patrols”) of NYCHA buildings. (Patrol Guide Section 212-60.)
- An officer cannot stop and detain a person just because he or she is in a NYCHA building, or went into or came out of a NYCHA building.
- Except for ordinary pleasantries, an officer cannot approach a person in public housing to ask him or her questions without an objective, credible reason to do so.
4. New policy for interior patrol of buildings enrolled in the Trespass Affidavit Program (TAP). These are private apartment buildings where the owners have authorized the Department to patrol in and around their buildings. (Patrol Guide Section 212-59.)
- The Patrol Guide makes clear that just because a building is enrolled in the Trespass Affidavit Program, officers still need reasonable suspicion before they can make a stop.
- Except for ordinary pleasantries, an officer may not approach a person to ask questions just because that person is in a TAP building. The officer must have a reason to approach that person.
- After making a stop, an NYPD officer has to complete a new stop report form
- New narrative sections require officer to give reasons for the stop in his or her own words
- Requires separate explanation of frisk and, if conducted, search
- If the person is stopped but not arrested, the officer must offer the person an explanation and other information.
- If an officer is making an arrest for trespass in either a NYCHA or TAP building, the officer must document that the person arrested was not a resident, a visitor or had business in the building.
Training is conducted for both NYPD new recruits and in-service officers. The new training material, described below, was developed by the NYPD in conjunction with the Monitor, the plaintiffs, and with input from other stakeholders. These materials are continuously undergoing revisions as new policies are approved, and in response to review by the Monitor’s team. Most of what is described below has been officially approved by the court and/or the Monitor and are published on the Monitor’s website*.
New Training of Recruits
- There is a new training course for recruits at the Police Academy on stop and frisk.
- There is new training for recruits at the Police Academy on racial profiling.
- There is new training for recruits at the Police Academy on interior patrols of NYCHA and TAP building.
Training Conducted at the Commands (Precincts)
- After the NYPD published its new stop and frisk policy (P.G. 212-11), the Department developed five short videos that it played at roll call in every precinct.
- Introduction to new stop and frisk policy
- Level 1 – Requests for Information
- Level 2 – Common Law Right of Inquiry
- Level 3 – Terry Stop
- Documentation and Supervision (These have been approved by the Monitor and are available on the Monitor’s website.)
- The NYPD is developing short training videos to play at roll call in the precincts on the new policy on interior patrols in TAP buildings
12. The NYPD is developing short training videos to play at roll call in the precincts on the new policy on interior patrols in NYCHA buildings
Training for Current Officers Conducted at the Academy
13. Substantial new training on stop and frisk and trespass enforcement is being developed for almost all members of the service. The training will include, among other things:
- The use of realistic scenarios, videos of encounters and other methods that go beyond lectures;
- Training for supervisors on their responsibilities to review and evaluate the conduct of their officers;
- Training on “Procedural Justice.” This is a phrase used to describe the necessity of treating civilians with respect, listening to them, and explaining the officer’s actions.
- Training on “Implicit Bias.” This is the concept that, because everyone lives in a particular environment (neighborhood, family, friends, etc.), everyone has biases that he or she might not even be aware of. The point of the training is to make officers more aware of what those biases are so that they do not interfere with the officers’ law enforcement functions.
- Training is being developed for officers who are about to be promoted to sergeant, lieutenant and captain. This new training will include, among other things, training on new supervisory responsibilities.
- The NYPD developed new training for Field Training Officers. These are veteran officers who mentor and coach new officers who just graduated from the Police Academy.
- New training is being developed for new plainclothes officers.
Supervision has been described above in the paragraphs on the stop and frisk policy and the new stop report form. But, to repeat:
- The NYPD made changes in its policies and procedures for supervision and review of stops, including stops in TAP buildings and stops in/around NYCHA residences, and review of trespass arrests in NYCHA buildings.
- Supervisors must review the legality of stops, frisks and trespass arrests after conferring with the officer who took the action and reviewing the paperwork.
- Supervisor must take corrective action when appropriate. This action could range from an informal conversation to a recommendation for formal discipline.
PERFORMANCE GOALS, OBJECTIVES AND EVALUATIONS
- Work is under way to change how the Department evaluates the performance of officers, so that it is not just counting the number of enforcement actions, such as stops, arrests and summons.
BODY WORN CAMERAS
- The Monitor is responsible for overseeing a one-year pilot program in which body-worn cameras will be used by about 1000 police officers. There will be an assessment of the effectiveness of body-worn cameras in reducing unconstitutional stops and frisks. At the end of the one-year pilot, it will be determined whether (in the words of the court) “the benefits of the cameras outweigh their financial, administrative, and other costs.”
- Working with the Monitor and the parties, the NYPD has already changed the way it audits stops, frisks and searches. It is working on ways to change the way it audits trespass enforcement. When those changes are finalized, they will be submitted to the Monitor and the court for approval.
- The Department is considering what in the police field is called an Early Identification System (EIS) to support supervision and management of NYPD officers and supervisors. This is a way to analyze information relating to behavior that might put the Department or its officers at risk. Police Departments use EIS to identify at-risk employees and patterns of at-risk behaviors so that they can be addressed and corrected before more serious misconduct occurs; they are not used for discipline.
The Department is tracking and investigating complaints related to racial profiling. The guidelines for these investigations and training for the investigators will be finalized and submitted to the Monitor and the court for approval.
- The NYPD must change its procedures for handling citizen complaints involving stops, frisks, searches and trespass arrests when the CCRB has found the allegations to be more likely true than not. The NYPD must not automatically count the word of the officer as more significant than the word of the person complaining. The Department must give greater deference to the investigative findings of the CCRB than had been given in the past.*Additional information on the Monitorship and the Immediate Remedial Measures, as well as the Joint Remedial Process, may be found online at the Monitor’s website at http://nypdmonitor.org