Cardozo Public Law, Policy and Ethics Journal
Abstract
The note argues that the New York Police Department's (NYPD) stop and frisk practices lack effective judicial or administrative oversight, leaving individuals with little recourse for addressing potential violations of their rights. While the exclusionary rule and civil rights suits under 42 U.S.C. § 1983 provide theoretical remedies, their practical effectiveness is limited due to the low arrest rate resulting from stops and the protective shield of qualified immunity for officers. Administrative review through the Civilian Complaint Review Board (CCRB) is similarly ineffectual, with minimal substantiation of complaints and negligible disciplinary action. The note emphasizes the need for systemic reform, particularly through group civil rights litigation, to address racial disparities and ensure accountability.
Disciplines
Law | Law Enforcement and Corrections
Recommended Citation
Dasha Kabakova,
The Lack of Accountability for the New York Police Department's Investigative Stops,
10
Cardozo Pub. L. Pol’y & Ethics J.
539
(2012).
Available at:
https://larc.cardozo.yu.edu/cplpej/vol10/iss3/5