Federal Appeals Court Tosses Anti-‘Stop-and-Frisk’ Ruling; Removes Judge From Case

On Thursday afternoon a federal appeals court issued a stay of execution of a judge’s order to change the NYPD’s controversial stop-and-frisk program. The court also removed the judge from the case, claiming she had violated code of conduct by showing partiality.

In August of this year, the Southern District of New York’s federal judge Shira Scheindlin ruled that the “stop-and-frisk” policy violated the Fourth Amendment’s protections against unreasonable search and seizures, as well as the 14th Amendment which protects and reinforces the “due process” guarantees of American citizens.

Part of her orders included assigning a “monitor” to aid the police in changing and overseeing its policy and training programs related to the search procedure.

The city appealed her decision, and, as NBC reports, the 2nd U.S. Circuit Court of Appeals said today that Scheindlin’s orders will be stayed. The court also ruled that Scheindlin be removed from the case because she “ran afoul of the code of conduct for U.S. judges” by doing a string of media interviews and public statements, thus compromising her ability to appear “impartial.”

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