2016 FactCheck: on Crime

Donald Trump: FactCheck: Stop-&-frisk unconstitutional but NYPD disagrees

The important distinction here is that stop and frisk as a tactic is constitutional. The way it was applied in New York City, and as it was challenged in the lawsuit that Trump was referring to, was found unconstitutional. Blacks and Hispanics who were stopped by New York police sued the city, arguing that they were targeted for stops in violation of the Equal Protection Clause of the 14th Amendment.

The Center for Constitutional Rights, which argued the case on behalf of the plaintiffs, confirmed that the practice was found unconstitutional in the 2013 case. But NYPD rejected the claim that stop and frisk is unconstitutional, saying Scheindlin ordered remedies to ensure the agency "applies the lawful policing tool constitutionally."