A federal appeals court Thursday blocked a ruling that deemed the New York Police Department 's stop-and-frisk policy unconstitutional , while removing the judge from the case as other appeals are heard . The three-judge panel of the U.S. Court of Appeals for the Second Circuit said the lower court judge `` ran afoul '' of requirements that judges avoid even the appearance of impropriety . Judge Shira A. Scheindlin , the appeals court said , jeopardized `` the appearance of partiality ... by a series of media interviews and public statements purporting to respond publicly to criticism of the District Court . '' Scheindlin , in a related 2007 proceeding , said , `` If you got proof of inappropriate racial profiling in a good constitutional case , why do n't you bring a lawsuit ? You can certainly mark it as related , '' adding , `` I am sure I am going to get in trouble for saying it , for $ 65 you can bring that lawsuit , '' the ruling said . New York City appealing stop-and-frisk ruling . The ruling also points to interviews with the New York Law Journal , The Associated Press and The New Yorker in which the judge spoke about her personal beliefs on the issue and defended her decision . The stop-and-frisk policy -- in which police stop , question and frisk people they deem suspicious , even if they 've committed no crime -- has been one of the most controversial policing techniques in recent time , fueled by clashes between civil rights and civil liberties groups challenging the practice as racist and illegal . Law enforcement and other proponents say the practice works to reduce crime . In August , Scheindlin ordered that the stop-and-frisk policy be altered , finding that it is unconstitutional in part because it unlawfully targets blacks and Latinos . City officials had bristled at the contention that police racially profile suspects and appealed the ruling . Scheindlin , ruled that the policy violated plaintiffs ' Fourth Amendment rights barring unreasonable searches , finding that police made at least 200,000 stops from 2004 to June 2012 without reasonable suspicion . She also found evidence of racial profiling , violating plaintiffs ' 14th Amendment rights guaranteeing equal protection . The panel did not rule on Scheindlin 's decision in the case . Michael A. Cardozo , counsel for the New York City Law Office , applauded the appeals court 's ruling . `` We could not be more pleased with the court 's findings , '' he said , because the ruling puts off a decision on the constitutionality of the policy until another judge can weigh in . The nonprofit organization representing the plaintiffs in the case criticized the ruling . `` We are dismayed that the Court of Appeals saw fit to delay the long-overdue process to remedy the NYPD 's unconstitutional stop-and-frisk practices , and we are shocked that they cast aspersions on the professional conduct of one of the most respected members of the federal judiciary and reassigned the case , '' the Center for Constitutional Rights said in a statement . Thursday 's ruling effectively stalls changes mandated by Scheindlin , who said stops should be based on reasonable suspicion and made in a racially neutral manner . Her ruling called for the appointment of a former Manhattan prosecutor to develop reforms of the NYPD 's policies and a pilot project in which NYPD patrol officers in five precincts -- one in each borough with the most stops in 2012 -- must wear video cameras . Outgoing Mayor Michael Bloomberg is an outspoken proponent of the policy , saying it saves lives and lowers crime . NYPD Commissioner Ray Kelly was forced to cancel a speech at Brown University on Tuesday after protesters shouted at him on stage about stop-and-frisk policies . On Thursday , Kelly said he has been `` concerned about the partiality of Judge Scheindlin , and we look forward to the examination of this case . '' The controversy about the policy extended into the mayoral race . Democratic nominee Bill de Blasio , who is heavily favored to win Tuesday , has made his opposition to stop-and-frisk a major campaign issue . `` I 'm extremely disappointed in today 's decision . We should n't have to wait for reforms that both keep our communities safe and obey the Constitution , '' he said in a statement . Republican nominee Joe Lhota said , `` Bravo ! As I have said all along , Judge Scheindlin 's biased conduct corrupted the case , and her decision was not based on the facts . ''
A three - judge jury trial against a lower court judge ` ` ran afoul of the Code of Conduct '' A new lower court judge is to be assigned to the case . NYPD 's stop - and - frisk policy applies during appeals .