News reports this morning indicated that Bergen County Sheriff Michael Saudino has announced his intention to delay the acquisition of two mine-resistant ambush-protected vehicles (MRAPs) for the Bergen County Sheriff’s Department from the Department of Defense. The ACLU of New Jersey sent Sheriff Saudino a letter (PDF) on August 1 urging him to withdraw the department’s application for the vehicles.
In response to the Sheriff’s announcement, the following is a statement from Ari Rosmarin, public policy director at the ACLU of New Jersey.
“We applaud Sheriff Saudino for listening to Bergen County residents and putting the brakes on his plan to bring two battlefield vehicles to the streets of Bergen County. As the ACLU-NJ cautioned weeks ago, militarizing local law enforcement could come with troubling ramifications for Bergen County communities, and the people of Bergen County must have a chance to weigh in before such a decision is made in their name.
Bergen County is not a war zone. The ACLU-NJ continues to urge Sheriff Saudino and other Bergen County policymakers to withdraw the request for armored vehicles and to reject the militarization of county law enforcement.”
Image is licensed under the Creative Commons Attribution-Share Alike 3.0 Unported license. 2008 by Grippenn.
The American Civil Liberties Union of New Jersey (ACLU-NJ) and 10 civil rights, labor and community organizations sent a letter today (PDF) to Newark Mayor Ras Baraka, U.S. Attorney Paul Fishman, and Acting Assistant Attorney General Jocelyn Samuels outlining 19 recommendations for the City of Newark and the United States Justice Department (DOJ) to include in a forthcoming consent decree to reform the Newark Police Department (NPD). The letter comes in response to the DOJ’s July 22nd report finding widespread civil rights and civil liberties violations by the NPD, and calling for the appointment of a federal monitor to oversee reforms of the department.
“Newark stands at a critical juncture that will define its commitment to civil rights for years to come,” said ACLU-NJ Executive Director Udi Ofer. “Newark must seize this historic opportunity to build an accountable and effective police department that is committed to ending civil rights abuses. At the top of its to-do list should be the creation of permanent and independent civilian oversight of the police department. Without meaningful civilian oversight, even the strongest consent decree will fall short of what the people of Newark need and deserve. What Newarkers deserve is civilian oversight of the police that outlasts any one federal monitor.”
The signatories to the letter, which provides a comprehensive road map for addressing the civil rights violations outlined in the Justice Department’s report on the Newark Police Department, include: 1199SEIU United Healthcare Workers East, American Friends Service Committee, Garden State Equality, NAACP New Jersey State Conference, New Jersey Communities United, New Jersey Institute for Social Justice, New Jersey Working Families Alliance, Newark LGBTQ Community Center, Newark Unit NAACP, and the People’s Organization for Progress.
"Building a culture of respect and mutual understanding between Newark law enforcement and Newark residents is essential if we hope to build a safer, stronger, and more resilient city," said Milly Silva, Executive Vice President of 1199SEIU United Healthcare Workers East. "Establishing greater civilian oversight of the NPD and changing the way police engage with the community will go a long way towards creating a model of policing that is both effective and accountable."
The letter calls for 19 specific reforms of the department, designed to create permanent changes to the way the NPD operates and is overseen, including:
The DOJ began its investigation of the NPD in May 2011 after the ACLU-NJ filed a petition with the DOJ in October 2010 documenting 418 allegations of misconduct over a two-and-a-half year span. The DOJ announced its findings on July 22, revealing a pattern and practice of constitutional violations by the NPD. The DOJ determined that up to 75 percent of stops in Newark had no lawful justification, and that thousands of Newarkers had been unconstitutionally stopped for lawful behaviors such as “wandering” and “milling.” The DOJ also found a pattern of police officers retaliating against individuals for engaging in First Amendment-protected speech, evidence of theft of property from Newarkers, and widespread use of excessive force by the police. Finally, the DOJ found a fundamentally broken internal affairs system that fails to adequately hold police officers accountable for misconduct.
“The people of Newark are the ones who have borne the injustices perpetrated by the Newark police, and the people of Newark have the greatest stake in building a department that is accountable to them,” said Lawrence Hamm, Chairman of the People’s Organization for Progress. “That means that the people of Newark need more than just a seat at the table in shaping reform – they need to stand as a permanent, powerful check on police abuses.”
Today, the American Civil Liberties Union of New Jersey (ACLU-NJ) sent a demand letter (PDF) to Acting Director Terri Genardi of the New Jersey State Park Police demanding the agency stop using Social Security numbers (SSNs) as part of its process when ticketing vehicles. The ACLU-NJ was alerted of this practice after a Liberty State Park visitor, Tamara Laine, received a parking ticket bearing her Social Security number in writing.
The ACLU-NJ letter urges the NJSPP to purge all files that contain SSNs and to change their ticket forms, which clearly provide a blank for a nine-digit number. Certain ticket forms include the phrase “SOC SECURITY NUMBER” lightly on the nine-digit field. Additionally the ACLU-NJ asks for an investigation into why and how the SSNs were obtained as part of the ticketing process.
“The Park Police has jeopardized privacy rights by placing the most sensitive information a person can have – a Social Security number – in plain sight on car windshields,” said ACLU-NJ Legal Director Edward Barocas, who sent the letter. “Under the laws and constitutions of the United States and New Jersey, the government has no authority to unjustifiably collect and expose our private information. We hope the agency will explain how this breach happened, and we expect a promise that this kind of misconduct will end.”
The New Jersey Supreme Court gives SSNs the highest degree of protection. Government agencies can only obtain or disclose Social Security numbers if there is an overriding justification to do so. In its letter, the ACLU-NJ said it could find no justification for the NJSPP obtaining individuals’ SSNs. Further, the public display of SSNs on parking tickets opens up individuals to heightened risk of identity theft, as SSNs are unique identifiers tied closely to a person’s financial affairs.
According to reports, the New Jersey Department of Environmental Protection (NJDEP) has stated that SSNs are not normally put on parking tickets and that the placement on tickets would be a mistake and occurred in just a few instances. However, the ACLU-NJ has obtained numerous tickets issued by NJSPP in just over a two week period that indicate otherwise.
The ACLU-NJ has requested a response to its requests from the NJSPP by August 29, 2014.
NEWARK - The American Civil Liberties Union of New Jersey today urged Bergen County Sheriff (PDF) Michael Saudino to withdraw his office’s application to the Department of Defense (“DOD”) for two mine-resistant ambush-protected vehicles, also known as MRAPs. Bergen County’s request for MRAPs contributes to an alarming, discriminatory national trend toward greater militarization of civilian police departments at the expense of civil liberties.
On July 20, The Record reported that Bergen County Sheriff Michael Saudino had requested two nearly 50,000-pound MRAPs from the DOD as additions to the county’s fleet of vehicles. The ACLU-NJ’s letter, sent to the offices of the Bergen County Sheriff, County Executive, and Board of Chosen Freeholders, emphasizes the potentially dangerous consequences of deploying such heavily armored vehicles, including risks of violence, property destruction and undermined civil liberties.
“No county in New Jersey needs a combat-style military vehicle to protect and serve the community, much less two,” said Ari Rosmarin, Public Policy Director of the ACLU of New Jersey. “Adding these military-grade vehicles to the Bergen County fleet jeopardizes not only public safety, but also the critically important relationship between law enforcement and local communities. Bergen County residents are not an insurgent force, and the equipment used by law enforcement should not make them feel like the enemy.”
Use of equipment intended for military purposes can create a “warrior mentality” among law enforcement, which in turn can cause a community to feel as if they were under siege, damaging trust and cooperation. Disturbingly, this increased militarization disproportionately affects communities of color. In a 2014 national ACLU study on police militarization, War Comes Home: The Excessive Militarization of American Police (PDF), the ACLU found that 61 percent of people subjected to deployment of SWAT teams – short for “Special Weapons and Tactics” – for drug raids were people of color, and 54 percent of people subject to SWAT team activity in the execution of search warrants were people of color.
The DOD provides local law enforcement agencies the opportunity to receive retired military equipment for free, known as the “1033 Program,” in reference to its origins in Section 1033 of the National Defense Authorization Act for Fiscal Year 1997. The ACLU, in its report on increasing militarization of domestic police agencies, called on the DOD to add regulations to the 1033 Program that would restrict military equipment only to agencies that demonstrate a specific need for its use. The program itself, as well as the competitive nature of receiving this free equipment, encourages law enforcement to view combat-grade technology as appropriate for its use. The DOD requires agencies to use the equipment it obtains under the 1033 Program within a year of receiving it, giving local officials added incentive to use this equipment once it is obtained.
“There are real consequences to militarizing our law enforcement agencies, including potential discrimination, an environment of fear and mistrust, and increased risk of physical danger for both law enforcement and ordinary citizens,” said Udi Ofer, Executive Director of the ACLU of New Jersey. “Militarization of law enforcement may be a nationwide trend, but in effect, it disproportionately impacts one specific group: communities of color. The inequities in our criminal justice system mean that the objects of this intimidation, more often than not, will be the same people who face discrimination in our criminal justice system.”
Image is licensed under the Creative Commons Attribution-Share Alike 3.0 Unported license. 2008 by Grippenn.
NEWARK - In response to the announcement on July 22nd of an agreement between the Department of Justice and the Newark Police Department to reform police practices in Newark, the following statement is attributable to the following organizations:
“Today is a new day for Newark. The findings of the Justice Department investigation and the reforms agreed to by the City of Newark create an opportunity for the Newark Police Department (NPD) to make historic changes that will bring about a safer city that respects the civil liberties and civil rights of all of its residents. We urge the NPD to work closely with Newark community members as the process of reform begins.
As a diverse group of organizations dedicated to protecting civil rights and advancing social and economic justice, we share a common vision of building a respectful, accountable, and transparent Newark Police Department. We believe that reforms to the NPD are needed to promote community safety and uphold the human rights and constitutional rights of all Newarkers.
The Justice Department’s investigation found widespread police practices that violate Newarkers’ civil rights. These findings included a practice of unconstitutional stop-and-frisks, a broken police accountability system, and a record of the police department unlawfully seizing Newarkers’ personal property and punishing community members for criticizing the police. Meanwhile, Newark communities continue to suffer from high rates of violent crime and have not seen effective NPD strategies to mitigate the violence.
These factors contribute to a scenario where Newarkers face civil rights violations on a regular basis and build a case for reform of the NPD. All Newark communities—African-Americans, Latinos, LGBT people, students, immigrants, low-income people—deserve respect and a police department that contributes to their safety and dignity.
Therefore, we support three goals to reform the Newark Police Department in ways that will protect human and constitutional rights and build a stronger relationship between the community and law enforcement:
NEWARK - The American Civil Liberties Union of New Jersey welcomes the announcement that the City of Newark and the Civil Rights Division of the United States Department of Justice (“DOJ”) have agreed to federal oversight to preside over sweeping reforms of the Newark Police Department (“NPD”). The federal intervention comes in response to a petition filed with the DOJ by the ACLU of New Jersey (“ACLU-NJ”) in September 2010 documenting more than 400 incidents of abuse and misconduct by the Newark Police Department and calling for DOJ oversight.
The DOJ’s report includes the following findings, based on a multi-year federal civil rights investigation of the NPD:
“This is a historic moment for Newark, one that could lead to the creation of a police force that is respectful of civil rights and that is accountable to the people of Newark,” said Udi Ofer, Executive Director of the ACLU of New Jersey. “The appointment of an independent monitor to oversee reforms of the Newark Police Department affirms the findings of the ACLU of New Jersey’s 2010 petition documenting widespread civil rights and civil liberties abuses by the Newark Police Department. But today’s historic report by the Justice Department is just the first step, and not the last, toward bringing permanent accountability to the Newark Police Department. In order to ensure that oversight outlasts any one federal monitor, effective reform must include the creation of permanent, independent, and strong civilian oversight of the Newark Police Department.”
Together with Acting Assistant Attorney General for the Civil Rights Division Jocelyn Samuels, Newark Mayor Ras Baraka, and NPD Director Eugene Venable, U.S. Attorney for the District of New Jersey Paul Fishman reported the remedial measures Newark will take as part of an “agreement in principle” with the DOJ. These measures will be part of a final, court-enforced and independently monitored settlement agreement. Some of the remedial measures include:
As development and implementation of the sweeping changes that will be agreed to in the consent decree move forward, the ACLU-NJ urges the City and the DOJ to ensure that community members in Newark are partners in the process of reform. In order for these critical reforms to take root, community members must have a seat at the decision-making table.
“The City of Newark should welcome this opportunity to establish meaningful reforms of the police department, including creating and implementing policies and practices that will better ensure proper and more productive interactions between police and the communities they serve,” said Ed Barocas, Legal Director of the ACLU of New Jersey. “A partnership between the City of Newark and the Justice Department has the potential to change the police department forever, for the better.”
The ACLU-NJ first called for federal intervention in the Newark Police Department in 1967 after years of unaddressed complaints of police misconduct contributed greatly to that summer’s clashes between residents and law enforcement. In response, the ACLU-NJ filed lawsuits in 1967 calling for federal oversight of the Newark Police Department. In September 2010, the ACLU-NJ submitted a petition to the DOJ that documented 418 allegations of police misconduct, including false arrests, excessive force, unlawful stops and searches, discrimination and retaliation, as well as a broken internal affairs system. The petition was based on the study of a 2.5-year period ending in 2010. In May 2011, the DOJ announced that it would open an investigation into the reports of civil rights and civil liberties violations in the department.
“We thank Deborah Jacobs, the former executive director of the ACLU of New Jersey, for her persistence in leading the charge during her directorship to make a strong, unequivocal case for the need for federal intervention,” said Ofer.
The DOJ’s remedial measures track closely what the ACLU-NJ has called for in the past, including civilian oversight, community engagement, fair and consistent discipline, an officer early warning system, and improvements to the internal affairs system.
The ACLU-NJ welcomes the Justice Department’s recommendation that Newark establish civilian review of the NPD but insists that creation of any civilian complaint review board must be done carefully and in a manner that avoids the experiences of municipalities that have established civilian review boards without creating meaningful oversight. Newarkers have been calling for a civilian complaint review board since at least 1965, and such a review board must be independent and equipped with strong accountability tools. For a civilian review board to be effective, its members need subpoena power and independent authority to discipline police officers found to have engaged in wrongdoing, as well as the ability to audit police policies and practices and make recommendations for reforms. An oversight entity must be adequately funded and must afford due process protections for all parties, including police officers.
“A weak civilian complaint review board is worse than no civilian complaint review board because it gives the impression of oversight but in fact provides no accountability,” said Ofer. “The Department of Justice will be in Newark for only a few years, but the residents of Newark will need to hold their police department accountable for decades to come.”
Since filing the petition, the ACLU-NJ has continued to document and challenge abusive police practices in Newark, including by releasing a report in February 2014 that provided the first-ever analysis of stop-and-frisk practices in Newark. The ACLU-NJ report highlighted several disturbing patterns that raise serious constitutional concerns. Specifically, the report raised concerns about the high volume of stops, the disproportionate use of stop-and-frisk against black Newarkers, and the fact that the vast of majority of stops were of innocent people. The DOJ’s findings announced today determined that up to 75 percent of NPD stops are unconstitutional.
In 2012, under the leadership of Police Director Samuel DeMaio, the Newark Police Department worked with the ACLU-NJ to craft policies to protect the rights of members of the public to record police officers on duty. The policy, which mandates officer training concerning the public’s First Amendment rights, came as a result of the ACLU-NJ’s representation of Khaliah Fitchette, a Newark teenager pulled off a city bus and detained by police for using her cellphone to record video of officers responding to an incident. Today’s findings by the DOJ reveal continued targeting of members of the public by NPD officers for criticizing the police or engaging in other First Amendment-protected activity.
In addition, in July 2013, the Newark Police Department, in collaboration with the ACLU-NJ, adopted a data transparency policy requiring the department to release monthly data detailing the number of stop-and-frisks it conducts and the demographic information of the person being stopped, as well as information on the disposition of the stop. The policy also requires the department to report on the number of internal affairs complaints it receives and its use of force reports. The Police Department has yet to fully comply with the transparency policy. Also that month, the ACLU-NJ and other immigrants’ rights advocates worked with the Newark Police Department to stop honoring voluntary immigration detainer requests, thus helping ensure that immigrant communities in Newark may contact the police without fearing deportation.
A copy of the ACLU-NJ’s petition that led to the Justice Department investigation and more information about the ACLU-NJ’s work to improve police practices may be found at www.aclu-nj.org/policepractices.
The American Civil Liberties Union of New Jersey has submitted a friend-of-the-court brief (PDF) on behalf of itself and numerous civil rights advocacy organizations in the case of Hassan, et al., v. City of New York, which challenges the New York City Police Department’s (NYPD) surveillance of Muslims, mosques, and Muslim-owned businesses in New Jersey. The brief, which was submitted to the United States Court of Appeals for the Third Circuit, explained that the lower court erred when it issued a decision in February dismissing the plaintiffs' claims.
The organizations on the brief included Latino Justice PRLDEF, the Mexican American Legal Defense and Educational Fund, the Bill of Rights Defense Committee, the Garden State Bar Association, the Hispanic Bar Association, and the Association of Black Women Lawyers of New Jersey.
"When a person presents evidence that a government agency has singled them out for harsher treatment because of their race, ethnicity or religion, the government bears a heavy burden of justifying its actions," stated Rutgers Law School-Newark's Acting Dean Ronald Chen, who is serving as the ACLU-NJ's cooperating counsel in the case. "The plaintiffs deserve to have their day in court to challenge being profiled by the NYPD."
For years, the New York City Police Department secretly conducted surveillance that targeted Muslims living in New Jersey, until a Pulitzer Prize-winning Associated Press series uncovered the program. On February 21, 2014, U.S. District Court Judge William Martini dismissed the lawsuit, filed by the Center for Constitutional Rights and Muslim Advocates on behalf of eight Muslim residents of New Jersey, despite the serious constitutional concerns involved in targeting people for surveillance based solely on their religion.
"This appeal is significant, not only because it seeks to restore a challenge the NYPD's surveillance practices, but also because of what it could mean for future civil rights causes," said ACLU-NJ Legal Director Ed Barocas. "Our federal courts must be open to hearing discrimination claims. As explained in the brief, when the government profiles an entire group of people based solely on a characteristic such as ethnicity or religion, it has a ripple effect, causing others to fear and discriminate against that group."
The amicus brief in Hassan v. City of New York was filed in the United States Court of Appeals for the Third Circuit.
NEWARK - The American Civil Liberties Union of New Jersey (ACLU-NJ) has given Gov. Chris Christie a D+ (PDF) for his overall record on civil liberties and civil rights during his first term in office. The ACLU-NJ examined the governor’s record in 12 issue areas and gave him his lowest grades in the areas of separation of church and state, transparency, and separation of powers.
The governor earned higher marks in other areas, such as freedom of religion and voting rights. The report card examines the Christie administration from January 19, 2010 when Gov. Christie was sworn into office, to January 20, 2014 when his first term ended.
“Gov. Christie’s overall record on civil liberties and civil rights has been poor, ranging mostly from mediocre to failing,” said ACLU-NJ Executive Director Udi Ofer. “The Christie administration’s first-term record on civil liberties will be remembered for its assaults on judicial independence and the separation of church and state, as well as for its disdain for transparency. Some of Governor Christie’s most frustrating civil liberties moments have been those instances where he has failed to back up bold words with substantive actions, such as in the areas of LGBT rights and the failed war on drugs.”
The first-term report card graded the governor on 12 crucial civil rights and liberties issues: freedom of expression, freedom of religion, separation of church and state, voting rights, women’s rights, immigrants’ rights, privacy, LGBT rights, criminal justice and drug policy, transparency, separation of powers, and economic justice. This report card expanded on the categories of the ACLU-NJ’s 2012 interim report card, which graded him in eight categories.
“The real concern here is not what these grades mean for Gov. Christie and his administration, but what they’ve meant for everyday New Jerseyans,” said ACLU-NJ Public Policy Director Ari Rosmarin. “From loving couples seeking to get married, to sick patients in need of medical marijuana, to poor New Jerseyans struggling to find an affordable place to live, many of us have not had a friend in the Governor’s office. While there still remains time to improve, as of now, this administration’s legacy on civil rights and liberties is not a proud one.”
Christie’s highest grade came in the area of freedom of religion, the category in which he also earned his highest marks in the ACLU-NJ’s interim report card. Christie deservedly received praise for supporting a developer’s decision to construct a mosque and Muslim community center near the World Trade Center during the height of the controversy in 2011. Soon after, Christie garnered national attention for excoriating a faction that railed against the appointment of a Muslim lawyer to serve as a Superior Court judge.
Christie’s appreciation for freedom of religion swung too far in the other direction when it came down to state involvement in religion. In the category of separation of church and state, Christie received the lowest score – an F. Especially damning was his administration’s decision to give away millions in state funds to two sectarian religious institutions: Beth Medrash Govoha, a school that trains Orthodox rabbis, and Princeton Theological Seminary, which trains Christian clergy.
The ACLU-NJ recognized his administration’s support for voting rights, especially in the wake of Superstorm Sandy, with a B-. In transparency, separation of powers and economic justice, Christie earned solid Fs for his abysmal record on all three issues across the board. The Bridgegate scandal exposed how frequently the administration attempted to keep government business out of the public eye, but it hardly stands in isolation.
Christie’s protracted fight against marriage equality, which ended only when it became clear that he would lose, cast a long shadow over some of his gestures of good will toward the LGBT community, resulting in his final grade of a D in LGBT rights. When it comes to immigrants’ rights, Gov. Christie supported giving undocumented immigrants a chance at a higher education by signing the NJ Dream Act, but he removed an important provision that would have fully opened the doors of opportunity by allowing them to apply for state financial aid, earning him an overall grade of a C in immigrants’ rights. Gov. Christie earned Cs in a plurality of other subjects as well, including freedom of expression, women’s rights, privacy, and criminal justice and drug policy, although even those grades ranged from C- to C+.
“The Christie administration deserves credit where credit is due, especially in taking a stand for religious expression and being responsive to voting concerns in the wake of Superstorm Sandy,” said ACLU-NJ Legal Director Edward Barocas. “But where Gov. Christie stumbles, such as when it comes to the separation of powers and to transparency, the bottom falls out. We hope the governor learned his civil liberties lesson from numerous court actions that were successfully brought against his administration during his first term, but if not, we’re ready to compel him to act as if he were an A student.”
On May 1, the ACLU of New Jersey and other leading civil rights organizations hosted a civil rights and liberties debate in Princeton for candidates vying for the 12th Congressional District seat. The seat is being vacated by U.S. Rep. Rush Holt, who is retiring.
Democratic candidates Upendra Chivukula, Linda Greenstein, Bonnie Watson Coleman, Andrew Zwicker and Republican candidate Alieta Eck, squared off on a variety of questions about civil rights and civil liberties issues. The event was moderated by NJTV anchor Mike Schneider.
The ACLU works to protect the fundamental right of every adult citizen in New Jersey to cast a ballot and have that ballot counted. Call the League of Women Voters of New Jersey Election Day hotline: 1-800-792-VOTE (8683) if you encounter any problems at the polls on June 3rd.
Co-sponsoring organization included: AFSC Immigrant Rights Program, CAIR-NJ, Drug Policy Alliance- New Jersey, The Latin American Legal Defense and Education Fund, Inc., New Jersey NAACP State Conference, YWCA Princeton, and YWCA Union County.
NEWARK – Newark Police officers use stop-and-frisk with troubling frequency and in a manner that leads to racial disparities, according to a report released today (4mb PDF) by the American Civil Liberties Union of New Jersey (ACLU-NJ). The report analyzes the first six months of data from the Newark Police Department, which releases the information on its website monthly in compliance with its new Transparency Policy. It is the first public analysis of the data.
“The police department’s data reveal disturbing patterns about the use of stop-and-frisk in Newark,” said ACLU-NJ Executive Director Udi Ofer. “Newark police make a high number of stops, disproportionately stop black Newarkers, and stop innocent people in the vast majority of cases. These findings raise significant constitutional red flags for the City of Newark.”
Although the ACLU-NJ acknowledges that six months of data may be insufficient to draw definitive conclusions about the Newark Police Department’s stop-and-frisk practices, the organization believes the initial concerns raised by these data warrant corrective actions by the City of Newark now.
From July to December 2013, officers made 91 stops per 1,000 Newark residents—nearly one person stopped for every ten residents—exceeding the rate in New York City of eight stops per 1,000 residents over the same period in 2013. In all of 2013, the New York Police Department made 24 stops per 1,000 residents, still significantly lower than Newark’s rate. The ACLU-NJ chose to compare Newark’s stop-and-frisk practices with New York City’s because of its close proximity and because New York City’s practices have been the subject of much national attention and criticism. Although it is required under Newark’s Transparency Policy, it is unclear whether the first six months of reported data include stops of motor vehicles. New York City’s data does not appear to include motor vehicle stops.
In addition to the troublingly high frequency of stops, officers stop black Newarkers at disproportionate rates. Black Newarkers make up 52 percent of the population, but they represented 75 percent of all stops in the first six months of data. Newark Police did not report how many Latino residents were stopped last year, but at the urging of the ACLU-NJ, it began including that data in its January 2014 report.
The analysis also finds that of those stopped in Newark, 75 percent were innocent and walked away without receiving a summons or being arrested. The police did not disclose the nature of the arrests or summonses, nor did it disaggregate the two in its data reports. The ACLU-NJ recommends in its report that police provide this information in order to offer a more comprehensive picture of stop-and-frisk activity.
“The U.S. Supreme Court made clear decades ago that under our Constitution, police are permitted to stop people only if they have individualized and reasonable suspicion of a crime,” said ACLU-NJ Public Policy Director Ari Rosmarin. “When 75 percent of those stopped in Newark are innocent of any wrongdoing, it raises significant questions about what criteria officers are using when deciding to make a stop.”
The ACLU-NJ commends former Police Director Samuel DeMaio and former Mayor Cory Booker for making the police department more transparent and accountable to the public by releasing stop-and-frisk data to the public. The police department adopted the groundbreaking Transparency Policy in July 2013.
“Once fully implemented, the Newark Police Department’s transparency data policy will be a model for other law enforcement agencies in New Jersey and across the country,” said Rosmarin. “We look forward to continuing to work with the department and Acting Director Sheila Coley to ensure Newarkers have access to the comprehensive data and to address the concerns raised in our report.”
The ACLU-NJ is asking the Newark Police to release more information on stop-and-frisks, including the reasons for the stops, and whether those being stopped have limited English proficiency(in order to understand the impact of stop-and-frisk on immigrant communities), in accordance with the Transparency Policy. In addition, the ACLU-NJ also makes the following recommendations for the City of Newark:
“Our report’s findings about stop-and-frisk practices in Newark make a powerful case for robust and independent oversight of the Newark Police Department,” said Ofer. “A strong civilian complaint review board or inspector general’s office could provide long-lasting accountability and help usher in critical reforms to the department.”
In 1968, the U.S. Supreme Court sanctioned the use of stop-and-frisk in the case of Terry v. Ohio, but not without placing strict limitations on how and when police can use the tactic. Police officers may stop a person only when they have individualized and reasonable suspicion of a crime. They may pat down the outer layers of the person’s clothing following a lawful stop only when they reasonably suspect that the person is armed and poses a danger to the officer’s safety. In the decades since, stop-and-frisk has mutated in some large cities, particularly in low income communities of color, into a commonplace tactic that has been humiliating and unconstitutional.
The report was written by Udi Ofer and Ari Rosmarin. Data analysis was conducted by Sara LaPlante. The report was edited by Katie Wang, ACLU-NJ Communications Director, and Alexander Shalom, ACLU-NJ Senior Staff Attorney.