While stop and frisk itself is not illegal, what was alleged by a plaintiff in New York City is that it was being carried out by the New York Police Department in an illegal manner. The plaintiff decided to pursue the case in federal court and the judge decided that there was an abuse of how stop and frisk was being used in NYC, says retired Superior Court Judge Eugene Hyman, of Santa Clara, California.
As a result of this case, things will be federally monitored to keep statistics to see how the police department reacts to the judge's instructions to not use racial profiling. Hyman says there is no retroactive effect on past cases.
Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.