NYLJ: “Judge Stays Decision Halting Suspicionless Trespass Stops”

NYLJ: Judge Stays Decision Halting Suspicionless Trespass Stops by Mark Hamblett:

A federal judge has stayed, pending appeal, her ruling directing the New York City Police Department to halt suspicionless stops for trespass of people at Bronx buildings whose owners have enlisted in a patrol program. Southern District Judge Shira Scheindlin (See Profile) on Jan. 8 held in the putative class action Ligon v. City of New York, 12 civ. 2274, that officers are violating the Fourth Amendment rights of residents and visitors in buildings that take part in the NYPD’s Trespass Affidavit Program (NYLJ Jan. 9). She issued an injunction against the practice but postponed ordering relief, deciding instead to consolidate consideration of relief pending a March trial in a class action alleging widespread violations of the Fourth Amendment in stop-and-frisk policies on city streets in Floyd v. City of New York, 08 Civ. 1034.