End Pretext Stops, Police finding an Excuse to Investigate a Person or Situation

Jill Paperno, who leads Empire Justice Center’s effort to end pretext stops, spoke to UCLM members on Saturday, November 12, 2022. Here are the key points from her presentation:

·      Empire Justice Center is a statewide, non-profit law firm and advocacy organization with a mission to make the law work for all New Yorkers, especially those needing the most protection

·      Pretext Stop Example – Philando Castile had been stopped 45 times when he was pulled over one last time for an ostensibly broken tail light, the time that led to his death.  Read more.

·      In NYS and the US, police need a legal reason to pull a car over to investigate a crime, issue a ticket or stop a pedestrian. Without a sufficient reason, any evidence gleaned can’t be used in court. Police also can’t use race, ethnicity or membership in protected class as a reason.

·      Definition of Pretext Stop - When an officer uses a contrived reason to pull a car over or stop people on the street, when their real intent is to investigate for an illegal reason (i.e. no evidence or based on race, ethnicity or protected class)

·      Stop & Frisk is another ploy police use to engage in what is called proactive policing.   (See Pulled Over by Charles Epp, Steven Maynard-Moody, Donald Haider-Markel)

·      In New York, pretext stops are legal.  In a 1996, Supreme Court Decision, the Justices reasoned as long as there was some legal basis for the stop, a trial court could not read an officer’s mind to see what other reason there might have been to stop someone.  In 2001, a NY Court of Appeal concluded pretext stops are legal in NY.

. Yet pretext stops are problematic because of:

o   Racial disparities

o   Danger to citizens

o   No increase in community protection

o   Danger to police

o   Increased distrust in police

·      Read NYT article about Cities trying to Reduce Pretext Stops

·      Typical pretext stops in Rochester

o   Objects placed or hung or upon a vehicle that obstruct views

o   Pedestrians walking along or upon an adjacent roadway

o   Not signaling intent to turn soon enough (must signal at least 100 feet before the turn)

o   No lights on bicycles ½ hour after sunset or ½ hour before sunrise

o   No bell on a bicycle to create an audible signal 100 feet

·      Some police depts have policies preventing pretext stops even though they’re legal

·      Some DA offices have policies reducing incentives for pretext stops

·      Some cities and states have outlawed or restricted pretext stops

·      Possible Actions:

o   Support legislation

o   Support police dept & DA office policies that prohibit or limit pretext stops

o   Question candidates about this issue

o   Speak out against pretext stops

o   Insist on transparency of police dept data

o   Support Empire Justice Center