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New York City – NYPD can no longer detain people solely to determine if there is a warrant for their arrest. In a settlement filed in Manhattan federal court on Friday, officers can no longer hold subjects if they don’t believe a crime has happened or is imminent.
The ruling, reported by the New York Times, not only goes against law enforcement practices around the country but contradicts established Supreme Court precedence. Law enforcement that legally stops subjects for traffic offenses or suspicious activity can routinely check for outstanding warrants on the subject.
This ruling, that will only stand in New York City, says that officers will only be permitted to ask questions related to the stop itself. If the reason for the stop is resolved, the person will be free to go.
Friday’s settlement requires the city to pay about $454,000 in damages. All officers must also be trained in the new policy changes by the end of January.
In a statement, the city’s Law Department said that “this agreement was in the best interest of all parties.”
Not mentioned by the court is how anyone, with warrants in New York City, would ever be held accountable. Warrants are served through police activity, that rarely applies to the warrant itself but rather legal stops on other activities such as 911 calls, traffic stops and pedestrian stops.
If NYPD can only conduct activity to the crime itself, there would be no way to determine if someone was wanted for murder warrants as an example.
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Source: www.lawofficer.com