Alleged Illegal Searches By NYPD Rarely Challenged in Marijuana Cases
Illegal searches are more common than people realize, but few end up getting challenged in court, law enforcement officials and defense attorneys say.
Checks and balances within the criminal justice system are intended to ferret out improper arrests, but many defendants and their lawyers say they face insurmountable obstacles when fighting marijuana charges – and the alleged illegal searches that sometimes led to them.
More than 50,000 people were arrested in the city for misdemeanor marijuana possession last year – the highest in a decade. And a substantial number of these arrests take place in the police precincts where the most stop-and-frisks occur, which are predominately black and Latino neighborhoods.
http://www.wnyc.org/articles/wnyc-news/2011/apr/27/alleged-illegal-searches/
Alleged Illegal Searches by NYPD May Be Increasing Marijuana Arrests
Police arrest 140 people every day in New York City for possessing small amounts of marijuana. It's now by far the most common misdemeanor charge in the city, and thousands of these arrests take place when police stop-and-frisk young men in the poorest neighborhoods. While police say these stop-and-frisks are a way to find guns, what they find more often is a bag of marijuana.
An investigation by WNYC suggests that some police officers may be violating people’s constitutional rights when they are making marijuana arrests. Current and former cops, defense lawyers and more than a dozen men arrested for the lowest-level marijuana possession say illegal searches take place during stop-and-frisks, which are street encounters carried out overwhelmingly on blacks and Latinos.
http://www.wnyc.org/articles/wnyc-news/2011/apr/26/marijuana-arrests/