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POLICE
DEPARTMENT
CITY OF NEW YORK
AUXILIARY POLICE SECTION
A.P.S.
DIRECTIVE #
2
MARCH 25, 2004
SUBJECT:
DEPARTMENT POLICY REGARDING RACIAL PROFILING
1.
The New York City Police Department is committed both to the impartial
enforcement
of law and the protection of constitutional rights. To emphasize
these commitments and to ensure all
members of the service engage only in constitutionally sound policing
practices, the department
prohibits the use of racial profiling in law enforcement actions.
Racial Profiling is defined as the use
of Race, Color, Ethnicity or National Origin as the determinative factor
for initiating police action.
Therefore, pursuant to the implementation of the stipulation of settlement
in the matter of Daniels v.
City of New York, the following is a restatement of the NYPD's Racial
Profiling Policy.
2.
All Police-initiated enforcement actions, including but not limited to
arrest, stop and
question, and motor vehicle stop, will be based on the standards required
by the fourth amendment of
the U.S. constitution or other applicable law. Officers must be able
to articulate the facto which led
them to take enforcement action, in particular those factors leading to
reasonable suspicion for a stop
and question, or probably cause for an arrest. Officers are also
reminded that the use of
characteristics such as religion, age, gender, gender identity, or sexual
orientation as the determinative
factor for taking police action is prohibited.
3.
While performing their duties, members are reminded that this policy in no
way
precludes them from taking into account the reported race, color, ethnicity, national origin, religion,
are, gender, gender identity, or sexual orientation of a specific suspect
in the same way the member
would use pedigree information, e.g. height, weight, age, etc., about
specific suspects.
4.
Auxiliary Police Coordinators are thus directed to read the contents of
this order at ten
(10) consecutive roll calls giving specific instances as to how this ruling
and department policy
directly affects Auxiliary Police Officers.
5.
For your information and sustained compliance.
Angelo J. Maroulis
Captain
A.P.S.
DIRECTIVE #
2
MARCH 25, 2004 |