New York police officers are no longer allowed to arrest people while they’re checking whether they have a warrant out for their arrest unless they believe the person has committed or is about to commit a crime, according to a settlement Friday in federal court in New York Manhattan was submitted.
The updated language in the patrol guide – which is on file at the settlement – states that police now have to let go of people who stop them when officers complete their work on the specific problem.
“Once the tasks associated with the reason for the stop have been completed or should reasonably have been completed, a person may no longer be held in custody pending a warrant,” it said.
The NYPD had previously – and unconstitutionally – arrested people while searching databases for open warrants, investigation cards and other information that could lead to their arrest, the lawsuit alleges from seven people subjected to the attacks.
As part of the settlement, the city agreed to pay five of the plaintiffs a total of $36,000 and $417,000 in legal fees, a spokesman for the city’s legal department said.
The spokesman downplayed the change in NYPD practice, saying it merely “clarified” existing policy.
“The NYPD is committed to upholding the constitutional rights of individuals and has agreed to clarify existing policy to clarify when officers may conduct a warrant query during an incarceration,” said Nick Paolucci.
https://nypost.com/2022/12/16/nypd-cops-can-no-longer-detain-people-while-checking-for-warrants/ NYPD cops can no longer arrest people while searching for warrants