Progressives Push Consent as Antidote to Racial Bias in Drug Stops

Members of the City Councils Progressive Caucus and liberal activists converged on the steps of City Hall to argue that the NYPDsnew policy of issuing summonses instead of making arrests for possession of small amounts of marijuana does not go far enoughand to push a new bill that would require cops to identify themselves upon making a stop and to explicitly request permission before searching a citizen.

Mayor Bill de Blasios left-leaning allies in the Council argued that the new protocol for civilians caught carrying 25 grams or less of marijuana does nothing to end disproportionate stops and searches of minorities. Studies have shown that whites are more likely to use marijuana, but nonwhites account for roughly 86 percent of weed-related arrests.

Theres nothing progressive with replacing one form of discrimination with another. Were replacing racially discriminatory arrests with racially discriminatory summonses. So it may be progress, but it aint progressive, said Councilman Ritchie Torres, a co-sponsor of the Right to Know Act.

We cannot improve police-community relations without first improving the on-the-ground interactions between police and civilians. And so we are introducing legislation that would bring greateraccountability, that would bring greater transparency, greater constitutionality to the day-to-day interactions between officers and civilians, he added.

Mr. Torres and the bills otheradvocates stressed that the law would not apply to cases where an officer already has a warrant or has probable cause to suspecta crime, and claimed that it simply affirms Fourth Amendment protections of privacycomparing it to the Supreme Court-mandated Miranda Rights which police are required to read upon making an arrest.

Were not creating a new right, were affirming a right that has existed in our constitution and our legal tradition, said Mr. Torres.

Curiously, Mr. Torres praised Mr. de Blasios and Mr. Brattons new approach to marijuana just three days ago.

By implementing a new policy of issuing a summons rather than arresting New Yorkers for possessing small amounts of marijuana, the mayor and commissioner have taken a significant step towards ensuring fewer New Yorkers face the consequences that arrest records bring, Mr. Torres said on November 10 in a joint statement with Councilmen Carlos Menchaca, Donovan Richards and Antonio Reynosoall of whom came out today in support of the Right to Know Act. We commend the Mayor and Commissioner for this move, and we will continue to monitor its implementation Todays announcement will make substantial progress towards rebuilding that relationship.

The Right to Know Act islargely identical to provisions Councilman Brad Lander proposed as part of last years Community Safety Act, which established an inspector general to oversee the NYPD and created new legal limitations on the use of stop-and-frisk. Mr. Landers recommendations, however, were left on the cutting room flooruntil now.

Mr. Torres said the bill had 22 of the 26 votes it would need to pass the Council and make it to Mr. de Blasios desk.The mayor and the police department did not immediately respond to requests for comment.

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Progressives Push Consent as Antidote to Racial Bias in Drug Stops

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