The judge's ruling, based on a stop and frisk case in New York City, said that the rights of people to be secure in their houses against unreasonable search and seizures shall not be violated. Brad Bannon, democratic political consultant in Washington, D.C., with Bannon Communications Research, says that stopping people at random on a street corner in New York City seems to be unreasonable search and seizure, as the police had no right to stop that persons.
Bannon thinks the imposed monitoring system by the judge will make a difference because the New York City Police Department will have to change the way they operate, as this affects constitutional liberties. "80% of the people who were stopped and frisked were minorities" says Bannon. The judge, he adds, said that not only was this a violation of the 4th Amendment but also the 14th Amendment, which reflects the equal protection clause.
With a New York City mayoral race underway, all of the democratic candidates have said they'd put an end to stop and frisk if they were mayor, so this has already had political ramifications, says Bannon.
The monitor is going to do running checks on the stats, to include what percentage of the stop and frisks are with minorities and also check on police training techniques.
Bannon believes the judge's ruling is a positive trend and if the split on the monitoring remains at 80/20 and doesn't go down, the monitor will flag that and report it to the judge.
Brad Bannon is President of Bannon Communications Research, a Washington, D.C.-based political polling and consulting firm. More information can be found at www.bannoncr.com. This video commentary was hosted by The Legal Broadcast Network, which provides on-demand legal content.