Newark Police Department violated constitution

By Dustin M Braden - 22 Jul '14 18:19PM

The Newark Police Department has been told it must come under the supervision of an independent monitor after a three-year investigation into the department's practices found a wide range of constitutional abuses.

A major focus of the investigation was the use of the practice known as stop and frisk by the Newark Police Department, according to the Justice Department. The Justice Department discovered that fully 75 percent of the NPD's stops were made without proper cause.

The Justice Department said that the NPD also stopped black Newarkers more than any other group relative to their representation in the city's population. The Justice Department also found that the NPD arrested people who objected to police actions or acted disrespectfully to the police, in direct violation of their First Amendment rights.

The Justice Department also said that the NPD used excessive force in around 20 percent of arrests.

One of the Justice Department's major concerns was the lack of adequate record keeping in the NPD. For example, when it came to the excessive force issue, the NPD's own records made it nearly impossible for the department to recognize issues with the application of force, and then self-correct.

The Justice Department also found incidences of theft from people in police custody, particularly in the gang, drug, and prisoner processing units. Such actions are violations of both the Fourth and Fourteenth Amendments.

Attorney General Eric Holder praised the city of Newark's willingness to cooperate with the Justice Department. He said, "With this agreement, we're taking decisive action to address potential discrimination and end unconstitutional conduct by those who are sworn to serve their fellow citizens."

There are currently 13 police departments around the nation under federal oversight, according to NJ.com. These include Seattle, Oakland, New Orleans, and Detroit.

NJ.com also reports that the newly elected Mayor Ras Baraka fully supports the appointment of an independent monitor.