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Q&A

CM Cabán presses on reporting of unconstitutional stops

New York City Council · Sep 16, 2026 · starts 1:18:32 · 2 min 3 sec

Cabán asks whether NYPD reports unconstitutional stops the same way as crime statistics. Gerber says the monitor publishes regular reports with stop data, but Cabán presses for a direct yes or no on whether NYPD itself reports unconstitutional stops publicly.

Tiffany L. Cabán

I want to also address recidivism.

Tiffany L. Cabán

I mean, the idea that you're not targeting homeless people for being recidivists when the place that they sleep is on the train and therefore they would likely be recidivists.

Tiffany L. Cabán

Again, I just...

Tiffany L. Cabán

I don't understand or don't buy the reasoning behind that.

Tiffany L. Cabán

But I do want to ask you, and I ask you now, Councilmember Nurse asked about the constitutional stops.

Tiffany L. Cabán

No, they're not crimes.

Tiffany L. Cabán

but they're violations of our constitutional rights.

Tiffany L. Cabán

Are those constitutional stops reported, unconstitutional stops reported in the same way that crime statistics are reported?

Tiffany L. Cabán

Do you report on unconstitutional stops?

Member of the Public - Michael Gerber

So I'm not sure I totally understand the question, but...

Tiffany L. Cabán

Do you report on unconstitutional stops?

Tiffany L. Cabán

You're saying that 90% of stops are good, but are you reporting when unconstitutional stops are made the same way you report when a crime is recorded?

Tiffany L. Cabán

Do you report unconstitutional stops?

Member of the Public - Michael Gerber

So what you actually have, right, as you know, is the monitor puts out regular reports that has all sorts of data broken down in various ways about unconstitutional stops identified, frankly identified, not only by the monitor.

Tiffany L. Cabán

No, the monitor.

Tiffany L. Cabán

Does NYPD.

Member of the Public - Michael Gerber

Council member.

Member of the Public - Michael Gerber

It's a yes or no.

Tiffany L. Cabán

Does NYPD.

Tiffany L. Cabán

Report in the same way they do crime statistics, unconstitutional stops.

Member of the Public - Michael Gerber

What we do, right, is we actually have an incredibly extensive auditing system to catch bad stops for instant searches, which the monitors reports,

Member of the Public - Michael Gerber

as you know, which as you know, the monitor says, as you know, the monitor has said repeatedly, those are very much in line with the monitor analyses, and that is actually included in regular reports to the public from the monitor.

Oswald J. Feliz

We'll give both of you extra time.

Oswald J. Feliz

So, yeah, if you're going to ask the question.

Tiffany L. Cabán

It would be nice just to get direct answers to my questions.

Tiffany L. Cabán

Now,