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Stop and frisk used by law enforcement
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Stop and Frisk
Stop and frisk is a brief, non-intrusive, police stop of a suspicious individual. The Fourth Amendment entails that the police have a reasonable suspicion that a crime has been, or is in progress before stopping a suspect. If the officer realistically is certain that the person is carrying a weapon and is dangerous, the officers can conduct a search, a rapid pat down of the suspect’s exterior clothing. A law enforcement officer may stop and briefly detain a person for investigatory purposes if the officer has a reasonable suspicion supported by articulable facts of impending criminal activity. Reasonable suspicion is less demanding than probable cause, less quantity of evidence or information is needed. Reasonable suspicion can come from information less reliable than needed for probable cause.
There many levels of intrusion when it comes to stop and frisk. The first level of intrusion is a method to request evidence, allowable only when there is an objective believable reason for an intervention. Police do not necessarily need to suspect criminal activity. The second level of intrusion is known as the common-law right to inquire and is permissible only when the officer has a founded suspicion that criminal activity is afoot. This is a larger intrusion since the officer can interfere with a citizen in an effort to gain explanatory information. However, at this level the intrusion must fall short of a forcible search. The third level of intrusion is sanctioned when an officer has a reasonable suspicion that a particular person has committed, or is about to commit an offense or misdemeanor. At this level, an officer is also authorized to make a forcible stop and detain the citizen for questioning. Furthermore, an ...
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...ack and Latino communities remain to be the overwhelming aim of these procedures. Nearly nine out of 10 stopped-and-frisked New Yorkers have been completely innocent, according to the NYPD’s own reports. Linking police stops to violent crime suspects is a bad calculation. Only 11 percent of stops in 2011 were founded to be on an account of a felony suspect and from 2002 to 2011, black and Latino citizens made up close to 90 percent of individuals stopped, and about 88 percent of stops, more than 3 million, were innocent New Yorkers. Even in areas that are mostly white, black and Latino New Yorkers face the inconsistent burden. For instance, in 2011, African American citizens and Latino New Yorkers made up over 24 percent of the residents of Park Slope, but they also made up 79 percent of all the stops made by the NYPD. Making Stop-and-Frisk clearly discriminatory.
The Fourth (IV) Amendment of the U.S. Constitution states "the right of the people to be secure in their persons, houses paper, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" (U.S Constitution, Fourth Amendment, Legal Information Institute). The fourth amendment is a delicate subject and there is a fine line between the fourth amendment and 'unreasonable search and seizure. '
To summarize the Fourth Amendment, it protects people from unreasonable searches and seizures. A search conducted by the government exists when the area or person being searched would reasonably have an expectation of privacy. A seizure takes place when the government takes a person or property into custody based on belief a criminal law was violated. If a search or seizure is deemed unreasonable, than any evidence obtained during that search and seizure can be omitted from court under
Stop and Frisk is a practice that was put into play by which a police officer initiates a stop of an individual on the street supposedly based on reasonable suspicion of criminal activity “Stop and frisk” and other discriminatory policing practices have spiraled out of control.
Rengifo & Slocum (2016) concentrated on community policing procedure that was implemented in New York City known as “Stop-and Frisk,” also known as “Terry Stop.” Stop-and Frisk” was a method that was implemented by the New York City Police Department in which an officer stops a pedestrian and asked them a question, and then frisks them for any weapon or contraband. The data for this study was collected from 2005-2006 from an administrative area known as Community District1 in South Bronx, New York. This area is composed of the following neighborhoods: Melrose, Pork Morris, and Mott Haven. Majority of the population in this
Stop and Frisk is a procedure put into use by the New York Police Department that allows an officer to stop and search a “suspicious character” if they consider her or him to be. The NYPD don’t need a warrant, or see you commit a crime. Officers solely need to regard you as “suspicious” to violate your fourth amendment rights without consequences. Since its Beginning, New York City’s stop and frisk program has brought in much controversy originating from the excessive rate of arrest. While the argument that Stop and Frisk violates an individual’s fourth amendment rights of protection from unreasonable search and seizure could definitely be said, that argument it’s similar to the argument of discrimination. An unfair number of Hispanics and
The New York City Police Department enacted a stop and frisk program was enacted to ensure the safety of pedestrians and the safety of the entire city. Stop and frisk is a practice which police officers stop and question hundreds of thousands of pedestrians annually, and frisk them for weapons and other contraband. Those who are found to be carrying any weapons or illegal substances are placed under arrest, taken to the station for booking, and if needed given a summons to appear in front of a judge at a later date. The NYPD’s rules for stop and frisk are based on the United States Supreme Courts decision in Terry v. Ohio. The ruling in Terry v. Ohio held that search and seizure, under the Fourth Amendment, is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest. If the police officer has a “reasonable suspicion that the person has committed, is committing, or is about to commit a crime” and has a reasonable belief that the person "may be armed and presently dangerous”, an arrest is justified (Terry v. Ohio, 392 U.S. 1, at 30).
“From 2005 to mid-2008, approximately eighty percent of total stops made were of Blacks and Latinos, who comprise twenty-five percent and twenty-eight percent of New York City’s total population, respectively. During this same time period, only about ten percent of stops were of Whites, who comprise forty-four percent of the city’s population” (“Restoring a National Consensus”). Ray Kelly, appointed Police Commissioner by Mayor Michael Bloomberg, of New York in 2013, has not only accepted stop-and-frisk, a program that allows law enforcers to stop individuals and search them, but has multiplied its use. Kelly argued that New Yorkers of color, who have been unevenly targeted un...
The stop-and-frisk policy could be considered a big controversy facing New York in recent times. The whole concept behind this stopping-and-frisking is the police officer, with reasonable suspicion of some crime committed or about to be committed, stops a pedestrian, questions them, then if needed frisks the person. This policy started gaining public attention back in 1968 from the Terry v. Ohio case. A police officer saw the three men casing a store and he believed they were going to rob the store; this led to him stopping and frisking them. After frisking them, he found a pistol and took the weapon from the men. The men then cried foul and claimed they were unconstitutionally targeted and frisked.
The issue of stop and search is considered to be an extremely controversial area. There is significant debate on the legitimacy and the accountability of police powers when conducting stop and search, which has led to concerns about the effectiveness of policing. Reiner (2000: 80) has stated that policing is ‘beyond legitimation’ as a result of consistent complaints concerning the abuse of police powers within stop and search. The cause for concern is not only raised by the public, or other agencies, but is now recognised by senior British police officers (Ainsworth, 2002: 28). The cause of concern has been raised through complaints that police target ethnic minorities through stop and search and public opinion, that stop and search is a form police harassment of black individuals (Home Office, 19897). It is said that this is a causal factor of the disproportionate in policing (Delsol and Shiner, 2006). Throughout this essay the effectiveness and legitimacy of stop and search and the negative relationship it has built with the public will be critically discussed.
This is the police practice of stopping, questioning, and searching for potential criminal suspects in vehicles or on the street based solely on their racial appearance (Human Rights Watch, 2000). This type of profiling has contributed to racially disproportionate drug arrests, as well as, arrests for other crimes. It makes sense that the more individuals police stop, question and search, the more people they will find with a reason for arrest. So, if the majority of these types of stop and frisk searches are done on a certain race, then it makes sense that that race would have a higher arrest rate.... ...
Even though we have rules that states that people are not allowed to be search if they do not want too, like the fourth amendment, but this rule have been violated, in so many ways. The fourth amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (Legal Information Institute). The social justice system allow policeman, and other authorities to violate this law. The stop and frisk rule to search individuals, just because they look suspicious of carrying drugs. Even if a driver pass a red light by accident, they will stop that person and search for drugs, when they were only suppose to stop the person because he violated the rule. It is very critical and scary to be stop by a policeman, they are suppose to be the one protecting us, but they are putting us at risk at the same time. The fact that some people do not realize that, hurts. It is not normal, for people to be stop just because of the way
Reasonable Suspicion is a standard used in criminal procedure, more relaxed than probable cause, that can justify less-intrusive searches. For example, a reasonable suspicion justifies a stop and frisk, but not a full search. A reasonable su...
Despite the fact racism has been around for hundreds of years, upcoming generations are becoming more open minded and less likely to publicly berate minorities; racial profiling, however, is the one loophole of racism America overlooks. Police officials often use the practices of racial profiling to discretely single out minority races. A common approach to this is through traffic patrols. According to a statistic based in San Jose, CA, nearly 100,000 drivers were stopped; during the year ending in June 2000; and of these drivers less than 32% were white, the remaining 68% of drivers were a...
First of all, the initial foundation of the Stop, Question and Frisk ruling started on October 31, 1963 when a Cleveland Police Department investigator, Martin Mcfadden, recognized two men, John W. Terry and Richard Chilton, standing on a road turning at 1276 Euclid Avenue. According to the officer, their acts were suspicious. Detective Mcfadden, watched the two going sequentially here and there and then here again along a vague track, stopping to gaze in the same store window. At the end of each track, the two men gathered on a corner. The two men rehashed this activity five or six times.
Even before the stop are made (add comma after made?) cops watch possible suspects of any suspicious activity even without any legal right. “Plainclothes officers known as “rakers” were dispatched into ethnic communities, where they eavesdropped on conversations and wrote daily reports on what they heard, often without any allegation of criminal wrong doing.” (NYPD Racial Profiling 1) This quote explains how even before a citizen is officially stopped by a cop, there are times when that they have already had their personal conversations assessed without their knowledge or without them having done any wrong acts. It was done, based solely on their ethnicity and social status alone. (you can add an example of what the people, who were being watched, were doing) Then (comma?) when police are out watching the streets, they proceed to stop people again simply based on racial profiling. In an article called Watching Certain People by Bob Herbert, stated that “not only are most of the people innocent but a vast majority are either black or Hispanic” (Herbert 1). Racism is happening before the suspect even gets a chance to explain themselves or be accused of any crime, and the rules of being able to do such a thing are becoming even more lenient so that police are able to perform such actions. “The rule requiring police to