ACLU Lawsuit Against NYPD Calls Livery Stop And Frisk Program TRIP 'Unconsitutional'

The New York Civil Liberties Union filed a lawsuit against the NYPD Thursday charging that officers were illegally stopping and frisking livery cab passengers.

The Taxi/Livery Inspection Program (TRIP), designed to prevent livery cab drivers from being robbed, requires that drivers consent to being pulled over by the NYPD. Those who engage in the program have placards that allow police officers to pull the car over and search the vehicle.

However, the current law does not extend to the stopping-and-frisking of passengers and the practice is therefore unconstitutional, the suit claims.

From the NY ACLU website:

"Over the past few years, NYPD officers have stopped and frisked millions of innocent people for walking in the wrong neighborhood at the wrong time, and now the Department has extended this unlawful practice to passengers in livery cars," said NYCLU Executive Director Donna Lieberman. "It's just another disturbing example of the NYPD's campaign of excessive and racially lopsided policing, and we're confident the courts will put a stop to it."

The two men named in the suit are Terrence Battle and Munir Pujara. Battle is a black radio host who was pulled out of a livery cab and frisked because he matched a description of a nearby suspect. Pujara was also pulled out of a cab and frisked, but Pujara, a lawyer, told the officers that what they were doing was illegal. The officer pointed to the TRIP placard, and told Pujara he would be arrested if he did not cooperate.

NYPD spokesman Paul Browne defended TRIP. "Police stops save lives. So does the TRIP program."

"Merely riding in a livery cab should not make you a target for the police," said NYCLU Associate Legal Director and lead counsel Christopher Dunn. "We fully support driver safety checks, but this frightening mistreatment of livery passengers must stop."

Read the full suit here.

Comments

[allisonisa39e]

03:06 AM on 06/01/2011

Apparently the ACLU thinks It is not OK to get checked while riding in a cab, but it is OK for agents to check inside a woman's vagina when getting on an getting on an airplane.
No suits filed by the ACLU in that case, WHY???
Note: The AMERICAN Civil Liberties Union is calling it a racial thing in this article. They are using this to raise the profile of their case
They should take the "AMERICAN" out of their name as they also file suits for non-Americans-
such as terrorists and people that have illegally sneaked into the US.

[iwantthetruth27]

12:57 PM on 05/31/2011

Score another one for the ACLU being more concerned with the rights of the criminals than the safety of the citizens

[Big0725]

01:16 PM on 05/29/2011

Just stay away from NYC.

Let the animals sit and feel safe in their zoo. I've got dozens of other places to go and not get felted up by some guido wanna-be or boozed up mick.

[cabrobst]

09:16 AM on 05/29/2011

Staying out of cabs in NYC.

[Jack Daniels Esq]

05:11 AM on 05/29/2011

Calling Big Al - no that that Al silly - the Sharp Al

[POPE INNOCENT]

07:18 PM on 05/28/2011

HEY HOW ABOUT TSA SEARCH ON HORSE?
OFFICER BROWN ARM!!!!

[POPE INNOCENT]

07:16 PM on 05/28/2011

How about chinese man taxis?
Should they be searched? Driver and passenger?
Same thing.
Livery's should not searched or have the sign.

[allisonisa39e]

07:01 PM on 05/28/2011

WHY IS THE ACLU MAKING THIS A RACIAL THING ????

[douttfire]

07:23 PM on 05/28/2011

'Cuz that's the ACLU's way. Make a case however they can. Milk a story to death. Work it. The Anti-American Coalition of Lawyer who are Unemployed. Worse than ambulance-chasers. Create a federal case out of thin air.

[caesarf]

01:53 PM on 05/29/2011

Because livery cabs that are targetted in this program are the only taxis that serve the outer boroughs (which have a larger populations of black and latino people). The stop and frisks are taking place in their neighborhoods, not on the upper east side or the village where the fancy folk reside. Can you imagine the outrage if this were happening with yellow cabs taking wealthy young people to the next night club?

[blindsquirl]

06:44 PM on 05/28/2011

The ONLY universally recognized "RIGHTS", we still have...Pay Taxes and COMPLY.

[larryvnyrd]

04:57 PM on 05/28/2011

yet another reason to stay the hell out of NYC

[alex4anw]

04:18 PM on 05/28/2011

This is so clearly a violation of the passengers' rights that at first I thought the piece was posted by mistake from The Onion. Too bad - it is actually a real article.

[thinkingwomanmillstone]

02:43 PM on 05/28/2011

I don't understand how a driver can give up a passenger's rights to privacy. The program as implemented is clearly allowing illegal searches.

[Gene Zar]

05:41 PM on 05/28/2011

Well if it is posted on the cab door so pasengers can see that they can be searched for no cause .. then whats the problem?

[thinkingwomanmillstone]

05:50 PM on 05/28/2011

The placard says the vehicle may be searched...not the passengers. The police and the drivers still cannot make a deal that violate law and constitutional guarantees. If that were true, the driver could post a placard that states...you agree to let me shoot you if you don't tip me enough. Also, the placard is probably in English, non English speakers would not know what it says. You may be willing to live in a police state. I am not. I like the police to have to follow laws...it makes it safer for all of us.

[blytzd]

01:46 PM on 05/31/2011

Becuase a sign in a taxicab doesnt trump our 4th amendment rights.

[altohone]

02:07 PM on 05/28/2011

Bloomie allowing the ACLU to do his job is just sad. Some leader.

[Icecube]

01:00 PM on 05/28/2011

They have been illegally stopping

[bluguy8]

07:46 AM on 05/28/2011

I thought the ACLU only worried about illegal aliens these days

[roald]

08:54 PM on 05/29/2011

Nope, they continue with a broad program of helping the individuals of this nation fight back when the State attempts to abridge those rights. Check out their web site and see for yourself.

[allisonisa39e]

03:16 AM on 06/01/2011

Check out their website and you can read their propaganda about what a "wonderful" organization organization they are. If the Mafia posted a website they would sound like angels.
I have not looked but I will bet that if you search "ACLU" you will get a different story.
I think I will do that now.