Council Proposes Changes To Police Searches

November 13, 2014
Bobby Cuza
NY1 News

A proposal that would dramatically alter the way police officers conduct street stops was introduced by City Council members Thursday. NY1's Bobby Cuza filed the following report.

The City Council’s latest attempt at reining in the New York City Police Department, unveiled at a news conference Thursday, would require police officers to explain the reason for conducting a stop and to identify themselves. Perhaps more controversially, it would also require that they inform people of their right to refuse a search when applicable.

"This is very simple," said City Councilman Antonio Reynoso of Brooklyn. "You have a right to deny to be searched, and in those cases where you have the right to deny to be searched, you should know."

Absent probable cause, police already need a person's consent to conduct a search, but the bill's supporters say few are aware of that right and many give consent unwittingly.

Labeled the Right to Know Act, 22 City Council members have already signed on to the legislation, not including City Council Speaker Melissa Mark-Viverito.

"I will definitely review the bill and take a position at some point, but right now, I have not signed on," the speaker said.

Mayor Bill de Blasio, despite having run on a platform of police reform, has also not yet signed on.

"We obviously have to protect the rights of our people, but we also have to make sure that we're not, in any way, undermining the ability of law enforcement to do its job," de Blasio said Wednesday.

Some Council members have grown impatient, even criticizing the mayor's recent decision to lighten the penalty for possessing small amounts of marijuana.

"It may be progress, but it ain't progressive," said City Councilman Ritchie Torres of the Bronx. "And this law will bring us closer to a progressive vision of policing."

The police unions disagree.

"It's going to make our job that much more difficult," said PBA President Patrick Lynch.

The police unions say the law would embolden criminals to take advantage of cops.

"'Can I search you, sir?' 'No, I'm a perp, you're not going to search me,'" Lynch said. "We don't live in Mister Rogers' Neighborhood. We live in the city of New York."

"It would give the public a false impression that they have the ability to not respond to the police, and we already have too much of that underway at the moment," said Police Commissioner William Bratton.

The Right to Know Act was introduced at Thursday's City Council meeting. There is no word yet on if or when there will be a hearing on it or a vote by the full Council.