Under the settlement, officers will only be permitted to conduct warrant searches during street stops if they have 'reasonable suspicion' that the person stopped 'was committing, committed or is about to commit' a crime or if there's probable cause that they've done so.
The NYPD reached a legal settlement Friday that requires it to abandon a practice in which officers use prolonged street stops to check for arrest warrants and ties to other cases, a tactic critics denounced as "digital stop and frisk."
The settlement resolves a 2019 class-action lawsuit that challenged the stops, often involving people of color, as an unconstitutional violation of the Fourth Amendment's prohibition on illegal detention and unlawful search and seizure. The Legal Aid Society, a public defender organization, filed the lawsuit with two outside law firms.
Molly Griffard, a lawyer with the Legal Aid Society's Cop Accountability Project, said the practice turned "each of these stops into an unrelated fishing expedition." Some law enforcement unions and pro-police elected officials lamented the loss of a tactic that they say has been vital to getting suspected criminals off the streets.& prevents police from doing their jobs," City Council Member Joann Ariola, a Queens Republican, said in a tweet shared by the city's detectives' union. "We need to make public safety a priority in this city, but this will virtually guarantee that dangerous criminals will be able to roam at will.
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