United States Compliance with the International Covenant on Civil and Political Rights
Particularly problematic is the law enforcement practice known as “stop and frisk,” which is commonly employed by the New York Police Department (NYPD)—the largest police force in the United States. As noted in the joint submission, Stopped Seized and Under Siege, “[s]tops are both unlawful and discriminatory as they occur overwhelmingly without the reasonable, articulable suspicion of criminal activity as required by the law and at an alarming rate in communities of color....” The use of the practice has dramatically increased over the last decade, and expands beyond racial discrimination, with women, LGBTQ and gender non-conforming persons, and homeless persons reporting harassment and abuse as well. In August 2013, a federal judge found the NYPD liable for a pattern and practice of racial profiling and unconstitutional stops and frisks. However, the City of New York has rejected allegations of unconstitutional conduct and has filed a notice of appeal of the court’s decision.