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Controversial NYPD 'stop and frisk' policy goes on trial in NY


realizm

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A class action lawsuit in court against the controversial "Stop and Frisk" policy enforced by the NYPD has started today, on Monday March 18th on the basis of violations of constitutional rights.

 

The original case was first filed back in 2008 in the behalf of David Floyd, a Bronx Medical student, now a freelance film and video editor, according to various news sources from newspapers across the country. He stated that he was stopped and harassed by NYPD police officers at least twice. Floyd argues that he was stop and frisked for no reason as he was walking home, and again once outside his apartment.


States Vincent Warren, Director of the Center for Constitutional Rights: 'We're putting the NYPD on trial, and the stakes are the constitutional rights of hundreds of thousands of New Yorkers,'

 

However as a counter argument, City Law Department Attorney Celeste Koeleveld states: "All of the NYPD's policing practices - including making arrests, conducting investigations, and detaining and questioning people who act suspiciously - are directed at preventing crime and promoting public safety citywide," 
 
This trial is expected to last approximately a month where police officers and almost a dozen others will be put on the stand, including lawmakers and constitutional experts, as well as, minority civilians, residents of New York City, who states that they were recipients of unwarranted harassment from other police officers even as they were not engaging in suspicious or illegal behavior. Approximately 100 witnesses are also expected to be given accounts as to how these incidents occurred during the class action lawsuit which is now ongoing.

 
NYC Mayor Bloomberg along with NYPD Police Commissioner Raymond Kelly has formally stated that are in continued support of the 'stop and frisk' policy by making the point that the tactics employed has brought down crime rates to all-time lows. Opponents of this NYPD enforced policy argues that the stop and frisk policy are a fundamental violation of constitutional rights, and that racial profiling plays also strongly plays a part, as there is an disproportionate number of blacks and Latinos who are stopped and frisked as compared with whites according to recorded statistics.
 
Source: http://www.nydailynews.com/new-york/nypd-stop-frisk-trial-article-1.1291774
 

Controversial NYPD stop and frisk tactic goes on trial after New Yorkers claim it violates constitution


'We're putting the NYPD on trial, and the stakes are the constitutional rights of hundreds of thousands of New Yorkers,' says incent Warren, director of the Center for Constitutional Rights.

BY ROBERT GEARTY AND CORKY SIEMASZKO / NEW YORK DAILY NEWS


MONDAY, MARCH 18, 2013, 11:18 AM

 

 

frisk19n-2-web.jpg
Inspector Rodney Harrison (center), Commander of the 32nd Precinct in Harlem, and Officer Jimmy Hughes (left), stop and frisk three individuals in the stairwell of 212 West 129th street.

Stop and frisk went on trial Monday.

The NYPD's controversial tactic is being challenged as unconstitutional in a class action lawsuit on behalf of four New Yorkers who claim they were stopped for no reason.

"We're putting the NYPD on trial, and the stakes are the constitutional rights of hundreds of thousands of New Yorkers," said Vincent Warren, director of the Center for Constitutional Rights, which filed the suit in 2008.

Warren is seeking a court-appointed monitor to keep tabs on how the police make stops and other reforms aimed at protecting the civil rights of targeted individuals.

The trial, which is expected to last over a month, will draw testimony from cops, lawmakers, constitutional experts, and 11 black or bi-racial New York men - and one Hispanic woman - who say they were victimized.

The chief plaintiff is David Floyd, a Bronx medical student who said he was stopped twice for no reason according to the suit.


The highlight, however, is likely to be audiotapes made by a Brooklyn cop named Adrian Schoolcraft who claims he was hauled off to a psych ward to discredit his allegations that the 81st Precinct pushed officers to fill arrest quotas.

 

frisk19n-1-web.jpgon, 
MARY ALTAFFER/AP
A couple of New York City police officers follow an anti stop and frisk march at the Occupy Wall Street encampment in Zuccotti Park, Friday, Oct. 21, 2011 in New York.

His former commanding officers are also expected to be put on the stand.

The legality of warrantless stops in high-crime areas is not in question in Floyd versus the City of New York.

Nor can Manhattan federal court Judge Shira Scheindlin ban stop and frisk as a police procedure. But she has the power to order reforms that will directly affect how the NYPD polices the city - from the beat cop on up.

Mayor Bloomberg and Police Commissioner Raymond Kelly have defended stop and frisk and have argued the tactic has made New York City safer and driven down crime rates to all-time lows by ridding the streets of illegal guns.

"All of the NYPD's policing practices - including making arrests, conducting investigations, and detaining and questioning people who act suspiciously - are directed at preventing crime and promoting public safety citywide," said city Law Department attorney Celeste Koeleveld.

But critics say the tactic unfairly targets black and Hispanic men and has figured in police killings of teenagers like the recent fatal shooting of 16-year-old Kimani (Kiki) Gray.

Cops say Gray was packing heat. His family insists he wasn't. The case remains under investigation.

rgearty@nydailynews.com

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They are black policemen participating in stop & frisk… Ironic.

Actually... It's not "ironic" at all... There seems to be this consensus that if you put more minorities in minority neighborhoods that somehow the police will be seen in a different light when in fact it's the minority cops that can be more brutal and vicious than white cops.  I remember working in Williamsburg and talking with this Latino guy who worked in the area with the (MTA) maybe as a cop, but I can't recall what he did exactly, but neither of us were from the neighborhood, and at that time, Williamsburg was being gentrified if you will, so the ghetto element was more present than it is in most parts of the neighborhood today.  The way he talked was if the folks living there were animals and it was obvious that he felt that he was better than the folks living there.  In short even though these guys are black police officers, there's still this sentiment of "us" versus "them" that goes around.  Not with all minority cops, but certainly with some of them, and there is no amount of "training" that will stop that either, whether the NYPD realizes this or not.

 

Now, that doesn't change my stance on stop and frisk because the fact of the matter is not all of these guys are innocent.  They're not just targeted just because and quite frankly if they're truly innocent then there shouldn't be any problems. They only so called "run in" I've had with cops is when I've been randomly chosen to have my bag searched at the Ferry terminal or at Grand Central where they randomly select people to have their bags searched and even then they barely search the bag and you know why? Because I don't present myself like some sort of thug. I'm a young professional and I act as such and thus I get respect.  These thugs walk around with their pants hanging off of them and present themselves as being part of the ghetto element and then wonder why they're treated the way they are??!?? Please... Look at how they're dressed... Like slobs... Put some pants on that fit and maybe you be "targeted".

 

Funny thing was at the time I was working security in the neighborhood and I always had the cops looking out for me passing through and checking to see if I was ok. Hell, some of my good friends growing up are cops and they're both white (Irish and Italian to be exact) and one is married to a Latina so the notion that all cops are out to get the minorities is just not true.  It all comes down to how folks present themselves and 9/10 out of 10 unless the cop is really an a-hole you won't have any problems.  

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To a degree, I agree with via g, I don't understand this mentality about people dressing with their pants so low as if they embrace the jail bait culture. If they really want to stop attracting the attention of the cops, they should dress like a normal person and pull their damn pants up. And if more of them didn't act like wannabe thugs in larger groups, then maybe there wouldn't be such a problem.

The neighborhoods are like the 'silent majority' they don't say a thing about the problems in their neighborhoods, but when a cop does something, everyone is out in force denouncing them. Would they prefer to live in anarchy instead and have no one patrolling their streets? I'd be more than happy seeing more cop presence in my area especially when school is out, kids out of control in large packs. Just seal off the bad neighborhoods and see how long they last without the 'pigs'.

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Actually... It's not "ironic" at all... There seems to be this consensus that if you put more minorities in minority neighborhoods that somehow the police will be seen in a different light when in fact it's the minority cops that can be more brutal and vicious than white cops.  I remember working in Williamsburg and talking with this Latino guy who worked in the area with the (MTA) maybe as a cop, but I can't recall what he did exactly, but neither of us were from the neighborhood, and at that time, Williamsburg was being gentrified if you will, so the ghetto element was more present than it is in most parts of the neighborhood today.  The way he talked was if the folks living there were animals and it was obvious that he felt that he was better than the folks living there.  In short even though these guys are black police officers, there's still this sentiment of "us" versus "them" that goes around.  Not with all minority cops, but certainly with some of them, and there is no amount of "training" that will stop that either, whether the NYPD realizes this or not.

 

Now, that doesn't change my stance on stop and frisk because the fact of the matter is not all of these guys are innocent.  They're not just targeted just because and quite frankly if they're truly innocent then there shouldn't be any problems. They only so called "run in" I've had with cops is when I've been randomly chosen to have my bag searched at the Ferry terminal or at Grand Central where they randomly select people to have their bags searched and even then they barely search the bag and you know why? Because I don't present myself like some sort of thug. I'm a young professional and I act as such and thus I get respect.  These thugs walk around with their pants hanging off of them and present themselves as being part of the ghetto element and then wonder why they're treated the way they are??!?? Please... Look at how they're dressed... Like slobs... Put some pants on that fit and maybe you be "targeted".

 

Funny thing was at the time I was working security in the neighborhood and I always had the cops looking out for me passing through and checking to see if I was ok. Hell, some of my good friends growing up are cops and they're both white (Irish and Italian to be exact) and one is married to a Latina so the notion that all cops are out to get the minorities is just not true.  It all comes down to how folks present themselves and 9/10 out of 10 unless the cop is really an a-hole you won't have any problems.  

won't be "targeted"*.

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To a degree, I agree with via g, I don't understand this mentality about people dressing with their pants so low as if they embrace the jail bait culture. If they really want to stop attracting the attention of the cops, they should dress like a normal person and pull their damn pants up. And if more of them didn't act like wannabe thugs in larger groups, then maybe there wouldn't be such a problem. The neighborhoods are like the 'silent majority' they don't say a thing about the problems in their neighborhoods, but when a cop does something, everyone is out in force denouncing them. Would the prefer to live in anarchy instead and have no one patrolling their streets? I d be more than happy seeing more cop presence in my area especially when school is out, kids out of control in large packs.

The problem is these kids have no idea what they're imitating... Most of them probably don't even know that the whole hanging pants thing started in jail because the prisoners had their belts taken away from them.  Yeah I don't understand it either... The mentality of these folks in mind boggling... It's wrong to make assumptions, but at the same time, you can't expect these cops not to when you present yourself in such a way that makes you a target. It's like dressing like a wolf and then crying about being treated a certain way... Goes back to the mentality.... If you don't act a certain way then you must be acting "white"... Whatever that means... So I guess that means that if you dress normally with pants that actually fit, speak properly and get an education, that makes you "white".  :lol:

 

Being mixed I've taken so much sh*t about how I'm supposed to act and if I know who I am, it's not even funny, but I could care less... At the end of the day I have a job that pays well and everything I have I EARN so I can walk with some dignity and know that no one had to hand me anything or I had to steal something to get ahead.  These parents need to teach these kids the value of a dollar and the importance of hard work because today's generation moreso than ever has no sort of respect for hard work.  Everything is the fast way... Doesn't work like that at all in the real world... I've been working since I was 15, not because I had to but because I wanted to because I was taught about being independent from a young age and still work damn hard every day to get what I have.  

 

The way I see it, you're going to see more of these types of activities going on because you're going to see more and more dirt poor isolated neighborhoods here in the city and the middle class, upper middle class and affluent areas will be heavily patrolled from the ghetto element.  I was talking with a B/O the other day on the BxM2 and he was talking about yeah you know you guys pay for all of that police protection up here (Riverdale) and I said I have no problem with that at all if it means keeping the ghetto element from areas nearby like Kingsbridge out. 

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With my issues with my neighbors, I welcome the continued crackdown on the ghetto element. I'm just sick of this thuggish mentality like bullies if they don't get things their way. People need to act like civilized humans. You can't demand respect if you act like a thug. I just wonder how many of them act the way they do because of poor parenting?

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The problem is these kids have no idea what they're imitating... Most of them probably don't even know that the whole hanging pants thing started in jail because the prisoners had their belts taken away from them.  Yeah I don't understand it either... The mentality of these folks in mind boggling... It's wrong to make assumptions, but at the same time, you can't expect these cops not to when you present yourself in such a way that makes you a target. It's like dressing like a wolf and then crying about being treated a certain way... Goes back to the mentality.... If you don't act a certain way then you must be acting "white"... Whatever that means... So I guess that means that if you dress normally with pants that actually fit, speak properly and get an education, that makes you "white".  :lol:

 

Being mixed I've taken so much sh*t about how I'm supposed to act and if I know who I am, it's not even funny, but I could care less... 

 

Wholeheartedly agree with this statement. It's called the drop one race rule for those who are of mixed race/nationality descent. (Which can go both ways sort of speak...) Like both of us and many others here I'm sure. Carry on.

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All in the name of defending perp behavior.  The city will reap what it sows.

Not sure what you mean by that but stop and frisk isn't catching many perps....

 

Do we have to look up the statistics? Plus, it doesn't either matter if a cop is any other race other than white, they may be a little more lenient when it comes to minorities but that's about it. Takes a good person to make a good cop. I don't judge based on appearances but when they give you attitude like you actually did something it REALLY irks me

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Wholeheartedly agree with this statement. It's called the drop one race rule for those who are of mixed race/nationality descent. (Which can go both ways sort of speak...) Like both of us and many others here I'm sure. Carry on.

Yeah I don't go along with that crap... It's 2013 not 1813, so either people get with the program screw em... I'm mixed and that's that.  

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So let me get this straight, dressing in urban attire justifies being subjected to a stop and frisk? Just making sure here.

Well here's a question... Why would one wear urban attire when they know who usually wears that stuff?? No one said it's justified but come on now.  You can't expect to dress like that and not draw negative attention. We all make decisions about how we want to present ourselves, and we have to prepared to deal with the consequences that come along with those decisions, be it positive or negative. 

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The world is as black or white as you want to make it.  Some people just let a blind hate of the NYPD get in the way of rational judgment.  Who could blame them...if I were a degenerate i'd hate them too.

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The world is as black or white as you want to make it.  Some people just let a blind hate of the NYPD get in the way of rational judgment.  Who could blame them...if I were a degenerate i'd hate them too.

LMAO!! So true!!

 

 

 

 

Every situation is not always set in solid black and white. There exists grey areas in the color spectrum of reality.

This is true but I'm not buying it that these folks are just harassed just because.  Now you do have crooked cops and you have cops that are pricks, but the fact of the matter is that the Stop & Frisk happens in areas of color the most because those areas have high crime rates.  If they don't want the Stop & Frisk happening there, they should be out protesting against the violence and crime in their neighborhoods, not sitting there condemning the cops for trying to protect the city and the residents there.  On the one hand you have the people that complain about the rampant crime in the area and say that the cops need to do more.  Then you have the folks on the other hand calling the cops crooks... Can't have it both ways... 

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Ah yes, like certain politicians in Brooklyn who have no problem with criminal behavior, yet jump on the NYPD every chance they get.

 

If you don't want the police in your neighborhood acting like a**holes, then don't give them a reason to do so.

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The world is as black or white as you want to make it.  Some people just let a blind hate of the NYPD get in the way of rational judgment.  Who could blame them...if I were a degenerate i'd hate them too.

 

 

 

LMAO!! So true!!

 

 

Every situation is not always set in solid black and white. There exists grey areas in the color spectrum of reality.

 


This is true but I'm not buying it that these folks are just harassed just because.  Now you do have crooked cops and you have cops that are pricks, but the fact of the matter is that the Stop & Frisk happens in areas of color the most because those areas have high crime rates.  If they don't want the Stop & Frisk happening there, they should be out protesting against the violence and crime in their neighborhoods, not sitting there condemning the cops for trying to protect the city and the residents there.  On the one hand you have the people that complain about the rampant crime in the area and say that the cops need to do more.  Then you have the folks on the other hand calling the cops crooks... Can't have it both ways... 

 

 

That's what I'm focusing on. Of course if any person is displaying suspicious activity its clear that person should be stopped, asked for ID for a criminal background check and frisked. My only concern is the racial profiling that is still clearly apparent in the operations of the NYPD at the hands of crooked cops. As for protesting against the stop and frisk, that would be good suggestion, for community leaders to protest against the violence ongoing in this great city, however keep in mind many are afraid to do so because of retaliation at the hands of gangs such as the Bloods, Crips, MS-13, etc. These are notoriously violent gangs and for civilians to protest will bring bloody repercussions.

 

Look at what's happening in Mexico and in certain areas in California. Many people used to voice out against the violence of the cartels. Now they are 6 feet under. THOUSANDS of these civilians in Mexico and even the United States in California

 

This is why now, caught up in a subjective response to the comments reflected, I will say that I think the stop and frisk policy should somehow at least be revised in that that the procedures are carefully monitored so that these issues concerning racial profiling will come to a minimum. It's understood that there are neighborhoods with higher crime rates then others, however I would imagine that many of these residents in these neighborhoods are NOT playing the race card, (as some may think) that something is really happening here, and they are voicing out against the dissatisfaction of this policy for a reason that is legitimate, not imagined.

 

Hence my metaphoric response to Joe's metaphoric post reflecting a different take and opinion on this controversial policy:

 

 

If you find a cigarette butt in someones' back yard, there's a good chance they smoke.

 

 

Every situation is not always set in solid black and white. There exists grey areas in the color spectrum of reality.

 

 

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That's what I'm focusing on. Of course if any person is displaying suspicious activity its clear that person should be stopped, asked for ID for a criminal background check and frisked. My only concern is the racial profiling that is still clearly apparent in the operations of the NYPD at the hands of crooked cops. As for protesting against the stop and frisk, that would be good suggestion, for community leaders to protest against the violence ongoing in this great city, however keep in mind many are afraid to do so because of retaliation at the hands of gangs such as the Bloods, Crips, MS-13, etc. These are notoriously violent gangs and for civilians to protest will bring bloody repercussions.

 

Look at what's happening in Mexico and in certain areas in California. Many people used to voice out against the violence of the cartels. Now they are 6 feet under. THOUSANDS of these civilians in Mexico and even the United States in California

 

This is why now, caught up in a subjective response to the comments reflected, I will say that I think the stop and frisk policy should somehow at least be revised in that that the procedures are carefully monitored so that these issues concerning racial profiling will come to a minimum. It's understood that there are neighborhoods with higher crime rates then others, however I would imagine that many of these residents in these neighborhoods are NOT playing the race card, (as some may think) that something is really happening here, and they are voicing out against the dissatisfaction of this policy for a reason that is legitimate, not imagined.

 

Hence my metaphoric response to Joe's metaphoric post reflecting a different take and opinion on this controversial policy:

 

 

Yeah but you can't get rid of racial profiling because cops use "profiles" in order to make arrests... Certain crimes tend to be committed by certain groups of individuals and that's just the reality of things. It's like killers that go on killing sprees... They tend to be white based on previous crimes and the cops study the profiles of previous mass murders to get a feel for the tendencies that they follow.  You even have the mafia for each ethnic group, but each mafia moves differently and those things obviously can't be ignored because it helps cops solve crimes.  The Italian mob does things one way.  The Chinese mob does things another way, as does the Albanian mob and so on and so forth. Cops also study how certain criminals dress that do certain crimes... The areas they congregate in, etc. All of these things are analyzed when trying to find suspects because the fact of the matter is criminals do tend to follow certain patterns just as we all follow certain patterns.  That's why I stated earlier that it's foolish to dress a certain way if you know that certain individuals that commit crimes usually dress this way.

 

The groups that commit the most crimes are the ones that will be targeted.  Yes innocent people will be stopped and searched but that's a consequence of the situation and something that can't simply be tossed aside and forgotten.  Now people can dress anyway that they want.  It's a free country, but be prepared to deal with the consequences of wearing certain things because you will be judged, just as we all are by how we present ourselves, not just by cops, but by society as a whole. 

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realizm, on 19 Mar 2013 - 12:21, said:

 

 

 

That's what I'm focusing on. Of course if any person is displaying suspicious activity its clear that person should be stopped, asked for ID for a criminal background check and frisked. My only concern is the racial profiling that is still clearly apparent in the operations of the NYPD at the hands of crooked cops.

 

As an appendage, in neighborhoods that are not even majority black or Latino or Asian, racial profiling in regards to the "stop and frisk" procedures are occurring, many cases of this in the news reports. Will respond to your next post shortly VG8.

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Yeah but you can't get rid of racial profiling because cops use "profiles" in order to make arrests... Certain crimes tend to be committed by certain groups of individuals and that's just the reality of things. It's like killers that go on killing sprees... They tend to be white based on previous crimes and the cops study the profiles of previous mass murders to get a feel for the tendencies that they follow.  You even have the mafia for each ethnic group, but each mafia moves differently and those things obviously can't be ignored because it helps cops solve crimes.  The Italian mob does things one way.  The Chinese mob does things another way, as does the Albanian mob and so on and so forth. Cops also study how certain criminals dress that do certain crimes... The areas they congregate in, etc. All of these things are analyzed when trying to find suspects because the fact of the matter is criminals do tend to follow certain patterns just as we all follow certain patterns.  That's why I stated earlier that it's foolish to dress a certain way if you know that certain individuals that commit crimes usually dress this way.

 

The groups that commit the most crimes are the ones that will be targeted.  Yes innocent people will be stopped and searched but that's a consequence of the situation and something that can't simply be tossed aside and forgotten.  Now people can dress anyway that they want.  It's a free country, but be prepared to deal with the consequences of wearing certain things because you will be judged, just as we all are by how we present ourselves, not just by cops, but by society as a whole. 

 

 

On the Italian crime syndicates I've seen something different. There are youth gangs that branch out of the Italian Marfia. (But you would be in better authority to speak on this not me so correct me if I'm wrong, perhaps this is a Brooklyn thing) Ditto on the Chinese Mob. Many Asian youth gangs exist contrary to popular model minority stereotypes and are very dangerous. 

 

I have seen kids in gangs, as some were my neighbors, who are predominately Italian, who sell drugs in pretty much the same way as Afro-Americans or Latino-Americans in other neighborhoods. Also dressing exactly the same way. It happened to be this way when I was living in Brooklyn Chinatown in close proximity to Bay Ridge and Bensonhurst in Brooklyn. Even talking the same way as many who are incarcerated or leads criminalistic lifestyles in so called ethnic neighborhoods. Profane speech, use of the "N' word and the dress which reaks of delinquency and a failure type attitude. Again, this sort of criminal behavior is not exclusive to one group.

 

The behavior, style of dress which has a prison origin is not exclusive to one racial group. Now as for police officers, I would think only some of the veterans may perceive this truth and are careful in how they approach situations.

 

On the flip side there are Afro-Americans and Latino-Americans who dress professionally, hold careers with professional degrees and supports families, who are law abiding citizens, much in the same way as law abiding Italian or Irish American civilians who are residents in in NYC. Again we cannot base everything on stereotypes, and that is one of the major problems where it comes to the 'stop and frisk' issue. 

 

I can agree on the urban dress issue, to an extent. The bloods for example dressing in red, or the crips flashing their colors, or the Latin Kings flashing yellow and black. They have stopped flashing their gang colors as of late because that makes them too high profile. However I will have to be in accord with Turbo19's comment. Where does it stop as to what styles of dress a person decides to go by according to the occasion?

 

As he said: 

So let me get this straight, dressing in urban attire justifies being subjected to a stop and frisk? Just making sure here.

 

VG8, let's take the hipster sub-culture for example. Many of these ones are absolutely ridiculously wild, provoking people on the trains, albeit in a micro-aggressive way but nevertheless constitutes disturbing of the peace, intoxicated and out of control, loud and obnoxious and love to act unruly and even violent, particularly @ Union Square, Hell's Kitchen, or Greenwich  Village at the bars. I don't necessarily see PO's performing 'stop and frisks' on such individuals or judge them according to hipster styles of dress, such outlandish forms of dress which in my opinion is not professional at all either and is an obvious expression a different type of urban hooliganism reflected in the hipster subculture. 

 

====================================================================================

 

On a slightly different note here's a youtube video I would like for you to analyze. Tell if if something is clearly not wrong here in this scenario

 

This occurrence involves a minority youth, only 19, who was bodyslammed by a cop for no apparent reason, in a neighborhood that is not exactly predominantly black. I believe he did commit a crime (graffiti) however what happened is that during the frisk the cop was feeling the crouch, then the kid flinched and grabbed the frame of the wall sign. Then the police officer bodyslammed him on the concrete. That was excessive force. The teen was reluctantly charged with resisting arrest along with the original crime that I guess the youth did commit. Excuse me? This happened in South Brooklyn @ 45th Street and 4th Ave, not ENY or Bushwick FYI:

 

http://www.youtube.com/watch?v=gzPKFRARdqM

 

I can see why some are distrustful of police officers, not speaking for myself of course because I wouldn't go out of my way to commit criminal offenses or condone it like practically everyone else in this intelligent discussion on this hot -button topic. I wouldn't be in fear of police officers then. (Maybe you have a point)

 

As the saying goes a few rotten apples ruins the whole bunch. Unfortunate but true. 

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