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Comparison Chart – NYPD 'Stop & Frisk' V. TPS 'Carding

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Comparison Chart – NYPD 'Stop & Frisk' V. TPS 'Carding Comparison Chart – NYPD ‘stop & frisk’ v. TPS ‘carding’ NYPD TPS Source: Floyd et al. v. NYC 1 (page) Constitutional The Fourth Amendment protects all individuals Charter section 8 protects all individuals against provisions against unreasonable searches or seizures 2 (5) unreasonable searches or seizures. Section 9 protects against arbitrary detention. 3 The Equal Protection Clause of the Fourteenth Section 15 of the Charter guarantees to every Amendment guarantees to every person the equal person equal protection and equal benefit of the protection of the laws. It prohibits intentional law without discrimination based on inter alia discrimination based on race. 4 (5) race. 5 Source: Toronto Star (page) 1 Floyd et al. v. City of New York , 08 Civ. 1034 (SAS), 12 August 2013, United States District Court (Shira A. Scheindlin, U.S.D.J.). 2 The US Supreme Court has held that the Fourth Amendment permits the police to stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity ‘may be afoot,’ even if the officer lacks probable cause. Reasonable suspicion is an objective standard; hence, the subjective intentions or motives of the officer making the stop are irrelevant. The test for whether a stop has taken place in the context of a police encounter is whether a reasonable person would have felt free to terminate the encounter. 3 Section 9 of the Charter guards not only against unjustified state intrusions upon physical liberty, but also against incursions on mental liberty by prohibiting the coercive pressures of detention and imprisonment from being applied to people without adequate justification. Psychological detention is established where a reasonable person would conclude by reason of the state conduct that he or she had no choice but to comply. To determine whether the reasonable person in the individual’s circumstances would conclude that he or she had been deprived by the state of the liberty of choice, the court may consider, inter alia , the following factors: (a) the circumstances giving rise to the encounter as they would reasonably be perceived by the individual; (b) the nature of the police conduct; and (c) the particular characteristics or circumstances of the individual where relevant. Where an officer does not have legal grounds or a reasonable suspicion to detain an individual, then the detention is arbitrary. [R. v. Grant , 2009 SCC 32.] 4 A plaintiff can show: (1) that a facially neutral law or policy has been applied in an intentionally discriminatory manner; or (2) that a law or policy expressly classifies persons on the basis of race, and that the classification does not survive strict scrutiny. Because there is rarely direct proof of discriminatory intent, circumstantial evidence of such intent is permitted. The impact of the official action — whether it bears more heavily on one race than another — may provide an important starting point. 5 The two-part test for assessing a section 15(1) claim: (1) Does the law create a distinction that is based on an enumerated or analogous ground? and (2) Does the distinction create a disadvantage by perpetuating prejudice or stereotyping? The claimant must establish that he or she has been denied a benefit that others are granted or carries a burden that others do not, by reason of a personal characteristic that falls within the enumerated or analogous grounds. At the second step, the question is whether, having regard to all relevant factors, the distinction the law makes between the claimant group and others discriminates by perpetuating disadvantage or prejudice to the claimant group, or by stereotyping it. [ Withler v. Canada (Attorney General) , 2011 SCC 12.] Statistics Between January 2004 and June 2012, the NYPD Between 2008 and 2012, the TPS filled out conducted over 4.4 million Terry stops (6) 1,825,792 contact cards (5) The number of stops per year rose sharply from The number of stops per year rose from 238,798 314,000 in 2004 to a high of 686,000 in 2011 (6) in 2003 to 397,713 in 2012 (5) In 52% of the 4.4 million stops the person stopped 418,507 (22.9%) of all cards were for black was black, in 31% the person was Hispanic, and in individuals, 278,920 (15.3%) were for brown 10% the person was white (6) individuals, and 861,534 (47.2%) were for white individuals (5) In 2010, New York City’s resident population was Updated projected Census data shows Toronto’s roughly 23% black, 29% Hispanic, and 33% white resident population was roughly 8.1% black, (6) 14.3% brown, and 54.1% white (4) 6% of all stops resulted in an arrest, 6% of stops 11% of all individuals carded were arrested. resulted in a summons. The remaining 88% of the 4.4 Assuming 1 recorded stop leads to 1 individual million stops resulted in no further law enforcement arrested, 1,698,503 (93%) of the 1,825,792 action (6) recorded stops resulted in no further law enforcement action (23) 52% of all stops were followed by a protective frisk No data for weapons. Weapons were seized in 1.0% of the stops of blacks, 1.1% of the stops of Hispanics, and 1.4% of the stops of whites (6) Contraband other than weapons was seized in 1.8% No data of the stops of blacks, 1.7% of the stops of Hispanics, and 2.3% of the stops of whites (6) No data Blacks are disproportionately charged (30%) with violent crimes (24) No data Black motorists are disproportionately ticketed (32.1%) for “out-of-sight” driving offences (25) at least 200,000 stops were made without reasonable 1,443,903 (79.1%) cards were for “general suspicion (8) investigation”; of the 452,362 TAVIS-completed cards, 373,495 (83%) were for “general investigation”, and 148,948 (39.9%) of these were of Blacks The NYPD carries out more stops than there are In every patrol zone in the city, the number of black and Hispanic residents, even when other young black males documented outnumbers the relevant variables are held constant (9) population of young black males living there (2) Blacks and Hispanics are more likely than whites to Blacks are more likely than whites to be be stopped within precincts and census tracts, even documented in each of the City’s patrol zones (7) after controlling for other relevant variables (9) The racial composition of a precinct or census tract The card rates are higher in patrol zones with predicts the stop rate above and beyond the crime rate higher proportions of people in our skin colour (9) categories, but the disproportionate levels of stops relative to the baseline population within these zones remains, particularly so for blacks (22) For the period 2004 through 2009, when any law For the period 2003 through 2008, with respect to enforcement action was taken following a stop, marijuana possession charges, blacks were 1.5 blacks were 30% more likely to be arrested (as times more likely to be taken to the station for opposed to receiving a summons) than whites, for the processing, and whites were 1.1 times more likely same suspected crime. (9) to be released at the scene (25) No evidence was offered at trial, however, of a single Similarly no data stop that was: (1) based on reasonable suspicion, and (2) prevented the commission of a crime, but (3) did not result in probable cause for an arrest. (35) 6 The central flaws in this database all skew toward We can assume that these numbers are underestimating the number of unconstitutional stops conservative, because cards with no skin colour that occur: officers do not prepare a UF-250 for every noted increased, and black cards decreased over stop they make; UF-250 only records the officer’s the time period analysed (5); 154,735 (8.5%) of version of the story; the UF-250 permits the officer to the cards do not have skin colour entered (5) ; merely check a series of boxes, rather than requiring Form 208s only records the officer’s version of the officer to explain the basis for her suspicion; and the story; Form 208s permit the officer to use many of the boxes on the form are inherently vague and subjective reasons for the stop (such as subjective and vague (such as “furtive movements”) “general investigation”) (16) (7) 6 “While I have no doubt that such a stop has taken place at some time, it is highly implausible that successful “preventive” stops take place frequently enough to affect the conclusion that in at least 88% of the NYPD’s 4.4 million stops between January 2004 and June 2012, the suspicion giving rise to the stop turned out to be misplaced.” Before 2010, the NYPD had no written policy A former Toronto police officer describes a prohibiting quotas for stops, arrests, or other system that encourages high card counts and enforcement activities. There is abundant evidence rewards officers with timely access to training during this period of supervisors directing officers to opportunities, which lead to scheduled meet numerical enforcement goals, as well as promotions…in short, an unofficial quota system threatening the officers with negative consequences if (2) they did not achieve those goals (71) Other Sources Analysis Recent psychological research has shown that Racism, and in particular anti-black racism, is a unconscious racial bias continues to play an part of our community's psyche. A significant objectively measurable role in many people’s segment of our community holds overtly racist decision processes.
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