CURB encouraged by US ruling on ‘Stop and Search’
Both the Centre for Justice and Citizens Uprooting Racism in Bermuda (CURB) are viewing a recent US Court decision on police ‘Stop and Search’ policy as reinforcement that it is unconstitutional in Bermuda.This comes after a US federal judge ruled yesterday that the New York City Police Department’s controversial ‘stop and frisk’ policy is unconstitutional.The District Judge, Shira Scheindlin, found the policy to be “in breach of the fourth amendment’s prohibition against unreasonable searches, and that it disproportionately targeted minority residents of New York City”.The judge referenced US Supreme Court case law which emphasises that ‘stop and frisk’ is permissible so long as it meets certain conditions.The main condition being that there is “reasonable suspicion that the person stopped has committed, is committing, or is about to commit a criminal offence”.CURB and the Centre for Justice have long taken the view that the power of ‘stop and search’ in Bermuda under section 315F of the Criminal Code is unconstitutional.A spokesman said: “The police have sufficient powers under the Police and Criminal Evidence Act and other legislation to combat crime.“These other powers, like the conditions under which ‘stop and frisk’ is permitted in the US, require individualised reasonable suspicion.“At first glance, District Judge Scheindlin’s legal analysis largely mirrors the position publicly made by our organisations relating to section 315F in Bermuda.“It is our intention to read through and understand her opinion more fully and see what lessons can be drawn for Bermuda,” he said.The Centre for Justice was established in 2011 as an independent, non-governmental organisation with a mandate to promote and advocate for human rights, civil liberties and the rule of law through independent research and analysis.Since February 2011, CURB, a volunteer non-governmental advocacy group, has worked to have Section 315F repealed. Numerous meetings were held to discuss the subject with police and political leaders advocating to have the section removed.A spokesman noted: “The advocacy was successful with stop and search figures dropping from a high of 17,500 in 2011 to 5,555 in 2012.”And efforts will continue have the section removed from the books on Bermuda’s Criminal Justice System.The Bermuda Police Service said it did not wish to comment on a ruling from a US court on a matter relating to the American Constitution.