L-R: City Council Members Carlos Menchaca (Brooklyn - Sunset Park), Antonio Reynoso (Brooklyn -Bushwick & Williamsburg) and Ritchie Torres (Bronx) (Photo : Communities United for Police Reform)
At New York City Hall this week, a new bill was introduced, The Right to Know Act, by Council Members Ritchie Torres and Antonio Reynoso, with support from community groups like Communities United for Police Reform, and local residents and civil rights advocates such as the New York Civil Liberties Union, and the Center for Constitutional Rights.
The bill would require New York Police Department officers to first identify themselves and explain their reason for questioning and stopping a civilian, and secondly, would require the police officer to explain to the person their Constitutional right to refuse a search when no legal basis exists for it except with their consent, and their consent. Permissions which would be written or audio proof.
"While Mayor de Blasio's recent announcement about curbing marijuana arrests is a step in the right direction, none of the policies set forth so far have dealt with the on-the-ground interactions between police and people, particularly the young men of color who are targeted at the highest rates," said City Council Member Ritchie Torres, lead co-sponsor on the bill. "The Right to Know Act will go a long way toward improving these interactions. This legislation requires the police to obtain voluntary and informed consent in order to conduct searches, ensuring that all people are aware of their rights."
The NYPD announced a new policy on Monday of issuing summonses instead of making arrests for possession of small amounts of marijuana, under 25 grams. The Department has made 24,081 arrests for marijuana possession this year but it is not clear how many of those arrests are for just possession under 25 grams.
The 'consent to search' bill is modeled on similar policies already working in other states. There is long standing concern by people of color in New York City about disproportionate searching and harassment by the NYPD which has led to extensive complaints and lawsuits, the most recent a federal lawsuit over excessive enforcement of stop-question-frisk policy which unfairly targeted blacks and Lations.
"Although some recent progress has been made toward improving community-police relations, the experience on the ground for many young people of color has not changed. Even recent statistics show that young people of color are targeted for stops at much higher rates than the rest of the population," said City Council Member Antonio Reynoso, lead co-sponsor of the bill. "[We] are introducing legislation to help ensure that all New Yorkers are aware of their right to consent to or refuse a search, in the absence of legal justification for the search. Most New Yorkers are not aware that they have this constitutional right. The Right to Know Act will also require officers to identify themselves in law enforcement encounters, which is a simple way to improve police-community relations."
NYPD Commissioner Bill Bratton said the bill, along with another one to make chokeholds a crime, is an onerous and unnecessary intrusion into police operations.
"It's totally unnecessary. It's part of an ongoing effort to bridle the police and the city of New York," Bratton told the New York Daily News. "We are trying to make this city safe and any unnecessary burdens that are being placed on the department are going in just the opposite direction."
Supporters of the Right to Know Act encouraged Commissioner Bratton, Mayor de Blasio, and all city officials to embrace it as a crucial reform.
"I was stopped in the subway station and made to untuck my shirt, take off my shoes and socks and empty my pockets, as if I had no rights and no liberty. To get this bill passed would mean so much more than just a lowered statistic; it would help stop the day-to-day criminalization of our communities," said Nilesh Vishwasrao, Member of DRUM - South Asian Organizing Center.