Comments on: Young and Black in New York

By: San Francisco Mayor Ed Lee Knows A Useful Tragedy When He Sees One | The Agitator

Thu, 26 Jul 2012 15:05:52 +0000

[...] policy is a device calculated to give legal and political cover to arbitrary harassment of the sort of people they like to harass and in an attempted end run around Fourth Amendment principles like probable cause and reasonable [...]

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Thu, 17 May 2012 06:56:33 +0000

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By: John Boanerges Redman

John Boanerges Redman — Wed, 21 Dec 2011 14:46:47 +0000

BTW, I’m in Superior Court in Manchester, NH tomorrow over a charge of not answering a cops question about name and address. I am asserting my 1st amendment right to freely speak OR TO NOT SPEAK AS I CHOOSE as one of my reasons that the court has no jurisdiction (over an unconstitutional “law”). I have also filed Roger Root’s ‘Cops are unconstitutional’ brief and several other items as affidavits.

By: John Bboanerges Redman

John Bboanerges Redman — Wed, 21 Dec 2011 14:37:46 +0000

Sorry, I mis-typed my name above. It’s John Boanerges Redman.

By: John Bboanerges Redman

John Bboanerges Redman — Wed, 21 Dec 2011 14:36:11 +0000

I just printed and read People v DeBour. It gave a pass to the cops stopping DeBour. Only the dissenting opinion shows any sensitivity to “constitutional” rights. Sorry, Scott, this is a poor framework for freedom. La Pene, also, gives little comfort as it was so narrowly construed that the slightest little effort by the criminal cops would have sheathed them in judicial blessing. The lie they didn’t tell will never be neglected, therefore, in the future now they have been given another groundrule. “Oh, yes, I saw a bulge under his shirt” is now part of the testiliar’s script.

By: Don Cordell

Don Cordell — Wed, 21 Dec 2011 09:07:00 +0000

In Los Angeles, CA from 1945 to 1949, I’m white (18) in 1945 and was not only stopped by 7 times taken in to custody, held for 3 days each time, on Suspicion, because I was walking after dark. Not nice, but surley creeps. I only wish I’d have had and carried a gun to insist on my Rights. The cops are not our friends, they are the enemy, and many people of all colors are actually victim of this crime against citizens of this nation. I am furious that this still happens and it’s going to get worse. Locked up forever with NO trials to clear the community of anyone who objects. We will just disappear, and our families will fear looking for us, as they may then also disappear. Just like in Germany in the 1930′s. I’ve never forgiven the police, and I cheer everytime I hear about a cop being killed, and I’m now 84. Will we ever have Justice in this nation, Click on my name and see my solution. Join with me to Restore not Change America, and to restore Justice. I’ll return our jobs as I shut down imports that Congress are suppose to control and don’t. I’ll protect our borders which Congress also doesn’t do. Let retake control of our nation, and put some of these creeps in jail where they will learn how to fear some of the big boys. Our police are now Military equipt, and we have pea shooters. Had enough and ready to fight back? Don Cordell for President.

By: All linky, no thinky « Blunt Object

All linky, no thinky « Blunt Object — Tue, 20 Dec 2011 23:14:52 +0000

[...] Young and black in New York (The Agitator) [...]

By: Robert

Robert — Tue, 20 Dec 2011 16:37:00 +0000

@ #16 “(and don’t even get me started on what they do to people who run).”

Ever see “Watermelon Man”? Where the white guy suddenly turns black, and his habit of racing the bus every morning suddenly gets him arrested the first time he tries it after the transformation has taken place?

By: JOR

JOR — Tue, 20 Dec 2011 06:28:54 +0000

#11, and people wonder why so many Americans are overweight. The cops won't let anyone walk anywhere in peace (and don't even get me started on what they do to people who run).

By: eliot

eliot — Tue, 20 Dec 2011 00:37:25 +0000

Appreciate the post, but please correct to note that stop-and-frisks happen about 500,000 times per year in NYC, not 50,000:

http://www.nyclu.org/issues/racial-justice/stop-and-frisk-practices

By: Robert

Robert — Tue, 20 Dec 2011 00:29:33 +0000

Frankly, after the second go-round of this, I’d be looking to leave NY.

Or, why don’t they try organizing a city wide strike or boycott? At least get some MSM attention on the practice.

By: JSL

JSL — Mon, 19 Dec 2011 22:13:00 +0000

“Someone at Twitter pointed out that if NYPD did stop-and-frisks on Wall Street around lunchtime, they’d probably find more drugs than they could process. That would also probably put an end to the practice in a matter of days.”

Well of course, thats called professional courtesy to folks who might be able to fight back legally or professionally. The monied interests can bribe their way out. They’ll start hitting up the nose candy folks when it gets real bad and they need more cash for the state.

This is all a result of the war on drugs, war on terror and most importantly, the war on poverty.

By: Bob

Bob — Mon, 19 Dec 2011 21:12:20 +0000

NYC has like… 35,000 cops in the NYPD alone. They’re the largest gang there is! What do you expect them to do, actually ‘investigate’ crimes and shit?

Ha ha ha ha!

Much easier to just drive around and harass people.

By: Dana Gower

Dana Gower — Mon, 19 Dec 2011 18:49:48 +0000

Police seem to have a real problem with people who are walking. I can’t tell you how many times I’ve been stopped, starting when I was young and continuing to not young. I’m white. If it weren’t for the repetitive nature of it, the questions would be funny. One of my favorites is, “Do you mind telling me what you’re doing?” I’ve tried every possible answer: Yes, walking down the street, enjoying the weather, nothing much. I’ve never found the “right” answer. If you ask why you’re being stopped, the answers are even funnier. I’ve been told they were looking for a black suspect. (I’m white.) I’ve been told they were looking for a suspect who was 6’5″. I am — not. I’ve been told that there ws a problem with robberies in the neighborhood and they were just keeping an eye out on strangers. (I lived several blocks away.) I’ve never had a gun pointed at me, handcuffed, told to lie down on the street or arrested, though, so I guess I’m still ahead.

By: EH

EH — Mon, 19 Dec 2011 18:33:18 +0000

If what allows this is more restrictive than Terry then we’re all screwed indeed. At least those of us in the US, but hey, NDAA will put these fears to rest.

By: Kukulkan

Kukulkan — Mon, 19 Dec 2011 18:28:40 +0000

Based on the description of the stops, the author’s civil rights likely were violated. Under Terry v. Ohio the police are allowed to frisk the detainee for weapons, for the protection of the police. Under Terry v. Ohio, the police are not allowed to take out a wallet and search its contents. Nor are the police allowed to seize a cell phone, since it is not a weapon and is not even contraband. In Hiibel, the S. Ct. held that some stop and identify statutes are constitutional, and N.Y. has a stop and identify statute (CPL 140.50). Pursuant to N.Y.’s stop and identify statute, police may demand a detainee’s name and address. Accordingly, if the police demanded the name and address of the author of the quoted article, and he responded, then the police should not have searched his wallet or seized his cell phone.

I am not a criminal attorney in NY, so defer to shg if there is case law on this issue.

By: Windypundit

Windypundit — Mon, 19 Dec 2011 18:03:07 +0000

I’m a middle-aged white guy. I’ve been stopped walking on the street exactly twice in my life, and both times the officers were far more courteous than this. Only one of them even asked for ID. It makes me want to start an advocacy group: Middle-Aged Respectable Looking White Guys Against Terry Stops.

By: Kafka Surrenders | The Agitator

Kafka Surrenders | The Agitator — Mon, 19 Dec 2011 16:42:42 +0000

[...] of the post below, here’s a ruling from the D.C. Court of Appeals demonstrating just how powerless citizens are [...]

By: Comrade Dread

Comrade Dread — Mon, 19 Dec 2011 16:31:44 +0000

If this continues, things are going to get quite ugly in our future. People will only tolerate oppression for so long.

By: shg

shg — Mon, 19 Dec 2011 16:16:01 +0000

Sorry to be a stickler about stuff like this, but the test in New York comes from People v. DeBour, 40 NY2d 210 (1976), which is more restrictive than Terry.