Handley Farah & Anderson and Cyrus Joubin, Esq. have filed a class action lawsuit alleging that the New York City Police Department (“NYPD”) engages in an unconstitutional practice of detaining people for the purpose of conducting warrant searches when no reasonable suspicion exists to detain such people. The lawsuit seeks injunctive relief, compensatory damages and attorneys’ fees for the violation of the civil rights of Plaintiffs and others similarly situated.
The lawsuit alleges that NYPD adopted a policy and custom of conducting warrant searches of detained persons even when there was no reasonable suspicion justifying their detention; that the practice of conducting unconstitutional warrant searches was persistent and widespread; and that NYPD officials failed to properly train or supervise police officers regarding the impropriety of such warrant searches.
The complaint specifically alleges that, at separate times and in different locations, Plaintiffs Terron Belle and William Rios were merely walking in New York City and not engaging in any wrongdoing or suspicious activity. The lawsuit alleges that both individuals were suddenly detained by NYPD police officers, who thoroughly frisked their bodies and emptied their pockets. The lawsuit alleges that the police officers found nothing unlawful, dangerous or suspicious in either Plaintiff’s possession, and neither Plaintiff said or did anything incriminating. Nonetheless, the lawsuit alleges that rather than release the Plaintiffs, the NYPD police officer continued to detain them for purposes of conducting an electronic warrant search. Both searches lasted approximately five minutes, and no outstanding warrant were found. The Plaintiffs were subsequently released.
The lawsuit alleges that these actions taken by NYPD police officers deprived Plaintiffs, and thousands of other individuals similarly treated, of the rights guaranteed by the Fourth Amendment to the United States Constitution and of their constitutional rights secured by 42 U.S.C. § 1983.
Indeed, in another lawsuit filed on behalf of an individual—Ramirez v. City of New York, et al., 16 cv 4174 (ER)—the Southern District of New York held that the detention of the individual for approximately five minutes to conduct a warrant search, when no reasonable suspicion existed to justify that detention, constituted a constitutional violation. In that case, one of the NYPD officers who detained the individual testified that conducting the warrant search was “just procedure.”
The lawsuit further alleges that NYPD officers were motivated to conduct unconstitutional warrant searches in part because of the pressure they faced to meet arrest quotas. The lawsuit alleges that NYPD officers who failed to meet those arrest quotas were demoted, assigned to undesirable shifts or otherwise penalized.
A copy of the complaint can be found HERE.