{"id":67994,"date":"2021-05-15T18:16:12","date_gmt":"2021-05-15T23:16:12","guid":{"rendered":"https:\/\/milesfortis.com\/?p=67994"},"modified":"2021-05-15T18:16:12","modified_gmt":"2021-05-15T23:16:12","slug":"67994","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=67994","title":{"rendered":""},"content":{"rendered":"<p>&#8216;Pretextual stops&#8217; were deemed constitutional by the Supreme Court. Almost anywhere else, the stops are usually used as a pretext to search for drugs since the gun laws in most states are nowhere as strict as in NY City.<\/p>\n<hr \/>\n<p><a href=\"https:\/\/nypost.com\/2021\/05\/11\/new-weed-law-leads-to-drop-in-gun-busts-nypd-sources-say\/\">Up in smoke: New weed law leads to drop in gun busts, NYPD sources say<\/a><\/p>\n<p>New York\u2019s recent decision to legalize weed has\u00a0<a href=\"https:\/\/nypost.com\/2021\/04\/12\/nypd-gun-arrests-down-as-de-blasio-vows-to-fight-violence-surge\/\">led to an alarming drop<\/a>\u00a0in gun arrests \u2014 at the same time shootings are\u00a0<a href=\"https:\/\/nypost.com\/2021\/05\/10\/nyc-shootings-keep-soaring-up-86-percent-over-2020-nypd\/\">surging across the Big Apple<\/a>, The Post has learned.<\/p>\n<p>Under\u00a0NYPD enforcement guidelines\u00a0<a href=\"https:\/\/nypost.com\/2021\/04\/01\/nypd-gives-cops-new-orders-to-let-people-smoke-weed-in-public\/\">outlined in a March 31\u00a0memo<\/a>\u00a0that cited the new pot law\u00a0ban, cops are banned from searching\u00a0a vehicle\u2019s trunk just because they smell pot during a traffic stop.<\/p>\n<p>The \u201csweeping changes\u201d \u2014 which took effect immediately \u2014 also prohibit cops from searching anyone just for toking up \u201calmost anywhere that cigarette smoking is allowed.\u201d<\/p>\n<p>But large numbers of gun busts have typically\u00a0been made by cops who smell fresh or burnt marijuana after pulling over a car, according to NYPD sources.<\/p>\n<p>Last year, 33 percent of all gun-possession\u00a0arrests resulted from vehicle stops, with a majority of those also involving weed, a source familiar with the matter said.<\/p>\n<p><!--more--><\/p>\n<p>Before the new law went into effect, that number rose to 45 percent this year, the source said.<\/p>\n<p>NYPD statistics show that there were a total of 1,409 gun arrests \u2014 or an average of 108 a week \u2014 from Jan. 4 through April 4.<\/p>\n<p>But during the\u00a0five weeks\u00a0that ended May\u00a09, most of which were covered by the new pot law, there were just 209 gun busts \u2014 cutting the average by more than half to just 53\u00a0a week.<\/p>\n<p>At the same time, shootings during April\u00a0<a href=\"https:\/\/nypost.com\/2021\/05\/05\/shootings-skyrocketed-in-april-new-nypd-data-shows\/\">skyrocketed 166 percent<\/a>\u00a0\u2014 to 149 from 56 during the same month in 2020, according to NYPD CompStat data released\u00a0last week.<\/p>\n<p>The past week also\u00a0saw\u00a0shootings more than double \u2014 to 36 from 15 \u2014 compared to the same period last year.<\/p>\n<p>That grim tally included the three innocent bystanders\u00a0<a href=\"https:\/\/nypost.com\/2021\/05\/09\/times-square-victim-recalls-begging-for-her-life-after-shooting\/\">wounded by stray bullets<\/a>\u00a0in Times Square on Saturday \u2014 among them a 4-year-old\u00a0girl from Brooklyn, Skye Martinez, who was shopping for toys with her family.<\/p>\n<p>The suspect in that case \u2014 Farrakhan Muhammad, a 31-year-old CD peddler \u2014 was allegedly<a href=\"https:\/\/nypost.com\/2021\/05\/09\/times-square-shooter-was-aiming-for-his-brother-sources\/\">\u00a0aiming at his brother<\/a>\u00a0when he opened fire at the Crossroads of the World, sources have said.<\/p>\n<p>\u201cThese laws are handcuffing cops and creating a Wild West environment where everyone carries a gun and settles their problems on the spot with a shootout,\u201d a law enforcement source said.<\/p>\n<p>Countless numbers of guns were taken off the streets during vehicle searches that can no longer be conducted thanks to the new weed law, sources said.<\/p>\n<p>Recent examples include:<\/p>\n<ul>\n<li>A .380-caliber pistol was seized after cops stopped a car at Lorimer and Boerum streets in Brooklyn for having excessively tinted windows around 7 p.m. on March 17. Cops smelled weed and the driver became very agitated, so the cops searched him and his passenger, who was carrying the gun.<\/li>\n<li>A .45-caliber pistol and a revolver were seized after cops stopped a car for failing to signal in front of\u00a015 Grafton Street in Brooklyn around 10:45 p.m. on March 19. Cops saw some weed in plain view and the car was impounded and searched. The guns were found in the trunk.<\/li>\n<li>A .25-caliber handgun was seized after cops stopped a Honda at FDR Drive and 117th Street in Manhattan for having excessively tinted windows and an obscured license plate around 8:30 p.m. on March 19.\u00a0Cops smelled pot and saw a stash on the back seat, leading to a search in which the gun was found hidden behind the car\u2019s fuel door.<\/li>\n<\/ul>\n<p>\u201cNone of these guns would be recovered today because of the new laws,\u201d a Brooklyn detective said.<\/p>\n<p>\u201cThere are way too many guns on the streets, but we need help from our elected officials to take guns off the streets \u2014 not keep them out there.\u201d<\/p>\n<p>In addition to the updated search guidelines that resulted from the legalization of pot, law-enforcement sources said cops are also being discouraged from trying to find guns due to a new law that makes it easier to sue them over alleged misconduct.<\/p>\n<div class=\"inline-related alignright\">\n<div id=\"more-on\" class=\"module--see-also box module inline related desktop\">\n<div class=\"module-title inline\">\n<h4><\/h4>\n<\/div>\n<\/div>\n<\/div>\n<p>The bill\u00a0<a href=\"https:\/\/nypost.com\/2021\/04\/24\/are-nypd-officers-rushing-to-retire-amid-citys-anti-cop-climate\/\">eliminating the defense<\/a>\u00a0of \u201cqualified immunity\u201d for cops was passed by the City Council, 37-11, on March 25 and Mayor de Blasio quietly let it automatically become law without his signature \u2014 and go into effect immediately \u2014 on April 26.<\/p>\n<p>In a letter to NYPD captains, sergeants and officers, their unions\u2019 lawyers \u201cstrongly cautioned\u201d them against any conducting any stops or searches \u201cunless you are certain that you are clearly and unequivocally within the bounds of the law.\u201d<\/p>\n<p>The letter, obtained by The Post, notes that \u201cparticularly in the current environment \u2026 your actions may subject you and your family to civil liability and monetary damages.\u201d<\/p>\n<p>\u201cQualified immunity is talked about extensively,\u201d a Manhattan cop said.<\/p>\n<p>\u201cCops are worried. If they take any kind of police action, are they going too far and what, if any, are the ramifications?\u201d<\/p>\n<p>A Brooklyn cop also said the specter of getting sued \u201cis in the back of cops\u2019 minds when they make a car stop or confront someone.\u201d<\/p>\n<p>\u201cCops are definitely less proactive \u2014 but that is what the politicians want,\u201d the officer said.<\/p>\n<p>Neither City Hall nor the NYPD immediately returned requests for comment<\/p>\n","protected":false},"excerpt":{"rendered":"<p>&#8216;Pretextual stops&#8217; were deemed constitutional by the Supreme Court. Almost anywhere else, the stops are usually used as a pretext to search for drugs since the gun laws in most states are nowhere as strict as in NY City. 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