Spitzer Probes Nypd Investigative Practices

State Attorney General Spitzer today announced that he would begin a civil rights inquiry into the investigative practices of the New York City Police Department.

"The relationship between the community and law enforcement forms one of the cornerstones of our society and our city. That relationship has become frayed, and it is my responsibility to investigate how and why we have reached this point," said Spitzer.

"A major threat to consistent and successful law enforcement is the widespread belief that police powers are not exercised fairly and evenly -- particularly in the case of "stop and frisk" practices in minority neighborhoods.

"The heightened tensions between the department and the minority community are hurting each and every officer's ability to do his or her job. We believe our work will help to rebuild the relationship between the police and minority community.

"Therefore, I have decided to investigate allegations that the Constitution's Fourth Amendment protections against unreasonable searches and seizures are not being followed in all circumstances. Specifically, my inquiry will focus on ‘stop-and-frisk' practices -- so called ‘Terry stops'-- where police officers detain and search people on the street."

Spitzer noted that his office has the primary responsibility for enforcing civil rights laws in New York and has the ability to go to court to remedy problems. He said his decision to move forward with the investigation came after discussions with all segments of the community.

"Last year, tens of thousands of New Yorkers, a disproportionate number of them black and Latino, were stopped and searched by the NYPD. The question is whether on the whole people's rights are being respected and protected and if not, whether such violations create an atmosphere that leads to more serious abuses.

"I want to be clear that I am not questioning the authority of the police to stop and frisk people suspected of possible criminal activity. Our investigation will focus on allegations that officers are targeting minorities for stops without a credible reason.

"My investigation will be thorough and fair and will be based on hard facts and hard numbers. We will look carefully to determine whether there is a systemic problem within the Police Department and, if so, what changes need to be made to insure that the civil rights of all city residents are protected.

"For me to sit on the sidelines as the state's top law enforcement official would be a dereliction of my duty. I have been reflecting on this issue for many years. Now, after giving it careful and serious thought, and reaching out to all segments of the community, I have determined that an investigation is not only appropriate but necessary."

Spitzer, a former prosecutor in the Manhattan District Attorney's office under Robert Morgenthau for six years said, "I have worked closely with the police department and its officers prosecuting cases. I have enormous respect and admiration for the job that officers do, and frankly that is one of the reasons that I am undertaking this investigation."

Spitzer said he will cooperate, share information to the extent permissible, and seek to avoid duplication with the U.S. Civil Rights Commission, which will be conducting hearings on these matters later this spring. He added that he has spoken with high level city officials. Spitzer added that he is seeking to work cooperatively with the city.

"We begin our investigation with no preconceived notions and no biases. Our only mission is to seek out the truth and we will go wherever the facts lead us. It is my hope that the results, no matter what we find, will lead to a better relationship between the police department and its residents, which in turn will translate into a better, and safer New York for everyone."