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Racial profiling in america with african americans
Racial Profiling In America
Racial Profiling In America
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At 2:30 pm in downtown Cleveland Ohio officer McFadden noticed 2 black males on a corner taking turns walking back and forth observing two stores. After 10 to 12 minutes a third man, white male, came by and talked with the other two. After a couple of minutes one man left and went west. Another couple of minutes later the other two left in the same direction. As the men walk around the corner the police officer follows. The officer approached the men and stated that he was an officer and asked their names. They mumbled something and at this point the officer reached out and spun terry around and patted him down. The officer felt what might have been the handle of a gun, so he tried to remove the gun but could not. The officer then took the coat off the man and retrieved the gun. He ordered all three in the store and told them they were under arrest and told the store personnel to “order the wagon”. Officer McFadden ordered the men against the wall when he other searched Chilton and found a revolver. He then searched Katz and found nothing. The men are then taken to the police station and booked for investigation. The next day the men were …show more content…
Ohio case. Since the Supreme Court ruled that you only need “reasonable suspicion”, now the policer really don’t have to have any real reason to stop and frisk someone. What actually is “reasonable suspicion”? This has opened so many doors to more problems like racial profiling and many more. How do you know what reasonable suspicion is? There are no guidelines set in place to what can be reasonably suspicious. Just stopping and frisking people is in violation of the fourth amendment. With stop and frisk law more black and Latino men are stopped and frisk because of “reasonable suspicion”. You can’t go around stopping and frisking everyone just because they might do something. This stop and frisk law can cause more cases like Travon Martin in
In the controversial court case, McCulloch v. Maryland, Chief Justice John Marshall’s verdict gave Congress the implied powers to carry out any laws they deemed to be “necessary and proper” to the state of the Union. In this 1819 court case, the state of Maryland tried to sue James McCulloch, a cashier at the Second Bank of the United States, for opening a branch in Baltimore. McCulloch refused to pay the tax and therefore the issue was brought before the courts; the decision would therefore change the way Americans viewed the Constitution to this day.
Mapp v. Ohio Supreme Court Case in 1961 is historically significant as it was a turning point that changed our legal system by extending the exclusionary rule that existed at the federal level to include state courts. The exclusionary rule prevents the use of evidence obtained through an illegal search and seizure, without a warrant, to be use against the defendant in court. Before this case, each state decided whether to adopt the exclusionary rule. At the time of this case, twenty-four states were not using the exclusionary rule. The decision of this case meant that all stated needed to comply with the exclusionary rule of the Fourth Amendment through the due process clause of the Fourteenth Amendment. Mapp v. Ohio is an important case as
City of New York: The difficulty of proving fourteenth amendment violation” by David Clark, he writes about how the stop and frisk violated the fourth and fourteenth amendment by providing statistics. In this reading he mentions, “Although, these Fourth Amendment holdings are important, the most controversial holdings relate to the discriminatory intent behind the policy and the Fourteenth Amendment violation by the New York Police Department (N.Y.P.D.) in the way they carried out their stop and frisk program.” (Clark 342) which is true, because according to the fourth amendment no person should be searched or seized without warrant, unless it’s an reasonable suspicions and under the fourteenth amendment which protects individuals life, property and liberty which should not be violated by any governmental officials. However during stop and frisk police officers not just violating a person fourth amendment, but they also discriminating and abusing the humans rights. No person should receive a physical and verbal abuse, first and foremost it’s not just a discrimination, but also emotional and mental breakdown of the individual who is stopped and frisk even if the person is innocent. Clark also mentions “police departments can and should be better incentivized to follow protections offered by the Constitution with a Fourteenth Amendment exclusionary rule for unlawful, racially selective stops.” (Clark 343) meaning that
They way John and Jessica are presenting Stop and Frisk will educate the public on what Stop and Frisk is, and how police are perpetuating a negative stereotype of minorities. I think that this video shows Stop and Frisk in a different context by targeting rich white Americans, and can educate the court’s how Stop and Frisk impacts the communities that are affected by this police procedure. The use of Stop and Frisk is effecting the way citizens view police officers. This police procedure is impacting the trust that the citizens are supposed to have in law enforcement, because they are targeting minorities and abusing their authority. Stop and Frisk is also distracting the communities from the authority of the Supreme Court because by saying that Stop and Frisk is constitutional, they are losing the trust of the American public. This video Frisky Business show deep meaning in the fact that Stop and Frisk is effecting every community in America in a negative way. This true because law enforcement is abusing their power by using Stop and Frisk to target minorities and do it in a legal way. I think this video is a good way to raise awareness on the issue of Stop and Frisk and will cause debate on whether or not the Supreme Court should revisit this issue. Many videos have surfaced and showed that law enforcement was abusing their power, and stopping innocent people because of “reasonable suspicion.” The question many people have raised is what exactly reasonable suspicion is and how does law enforcement differentiate reasonable from unreasonable
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
While the stop and frisk program ultimately seems like a great idea and that it will help residents of New York City feel safer while on the streets, there has been much controversy with this program. The issue of racial profiling is largely discussed when talking about NYPD’s stop and frisk program. Besides police officers targeting lower income neighborhoods, more stops are of African Americans or Latinos than of whites. These stops often end up with a higher arrest rate. Of the 685,784 stopped last year, 92% were male and 87% were African American or Latino (Devereaux, 2012).
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.
Two case rulings have helped fuel the incarceration rate among African Americans, Terry v. Ohio and Whren v. United States. The Terry v. Ohio case in 1968 presents serious questions regarding the role of the Fourth Amendment in the confrontation between citizens and the police officers when investigating suspicious circumstances on the street. The Supreme Court ruled that the practice of stopping and searching a citizen without a warrant or probable cause based on a reasonable suspicion that they are involved in criminal activity was authorized. This practice is known as the Terry Stop and is a nationwide police practice that has caused numerous legal problems for police departments and young Black citizens. Continuing with the trend of African
Did you know that Institutions throughout NYC are legally violating Black and Hispanic citizens civil rights? These circumstances are the result of the NYPD’s attempt to protect the greater good of NYC; Stop and Frisk is the policy that attempts to accomplish this matter at hand. Stop and Frisk constantly targets Black and Hispanic citizens, therefore it does not promote a just and equitable society due to it viewing these ethnicities as more likely to commit a crime. The origin of Stop and Frisk traces back to the Supreme Court case of Terry V. Ohio, which took place in 1968. Terry, an experienced plainclothes officer, stopped and frisked three suspicious men; one produced a gun with no permit. This Supreme Court case essentially claimed Stop and Frisk to be constitutional under the Fourth Amendment (PBS Newshour). Stop and Frisk can essentially limits the rights of certain individuals because it gives the NYPD permission to avoid the Fourth Amendment, which protects people from unreasonable searches and seizures by the government. The NYPD is given permission to stop and frisk an individual under the circumstances of probable cause: if an article or substance capable of causing serious physical injury or is not ordinarily carried in pubic places by law-biding persons is present and in plain view, or if the stop and frisk is supported by oath of affirmation (FindLaw). Stop and Frisk negatively impacts Black and Hispanic citizens in NYC because it promotes institutional racism.
Racial Profiling is law enforcement and private security practices that disproportionately target people of color for investigation and enforcement. Racial Profiling occurs across the United States and an overwhelming number of Hispanics and African Americans, including children, are being stopped. Some may say “racial profiling is an ineffective and degrading practice that violates civil rights” while others say that it is “necessary to counter terrorism and reduce crime.” In my opinion, stop and frisk is unfair and against citizens constitutional rights therefore, making it illegal and horrible, but I do believe it’s a tactic taken by police to ensure no crimes are happening and it is also an effective way to counter terrorism. Everyone is created equally and should be treated equally. I believe Police should not stop someone based upon their race unless, suspicious behavior occurs.
Three police officers were looking for a bombing suspect at Miss Mapp’s residence they asked her if they could search her house she refused to allow them. Miss Mapp said that they would need a search to enter her house so they left to go retrieve one. The three police officers returned three hours later with a paper that they said was a search warrant and forced their way into her house. During the search they found obscene materials that they could use to arrest her for having in her home. The items were found in the basement during an illegal search and seizure conducted in violation of the Fourth Amendment of the United States Constitution and therefore should not admissible in court.
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.” Despite this right, multiple minorities across the country suffer at the hands of police officers through racial profiling; the singling out of a person or persons as the main suspect of a crime based on their race. Many people have also suffered the loss of a loved one because police believed the suspect to be a threat based on their races therefore the officers use their authority to take out the “threat”. Although racial profiling may make sense to police officers in the line of duty, through the eyes of the public and those affected by police actions, it is a form a racism that is not being confronted and is allowing unjust convictions and deaths.
Law Enforcement policy is designed to help law enforcement agencies cut down on the amount of crime in communities and give structure to the agency. It also helps lessen the number of certain cases in certain areas, as well as from a certain group of people. There are several policies that I disagree with, but there is one policy I will be discussing. Law enforcement officers sometimes stop and frisk people based on gender, race, financial status, and social ranking. It is a very controversial issue because anything dealing with race and ethnicity can cause a lot of disagreement and discord. According to a New York judge on dealing with the stop and frisk laws, "If you got proof of inappropriate racial profiling in a good constitutional case, why don't you bring a lawsuit? You can certainly mark it as related . . . . I am sure I am going to get in trouble for saying it, for $65 you can bring that lawsuit" (Carter, 2013, pp.4). The stop and frisk law is one reason I do not believe in law enforcement profiling. Even though some law enforcement officers allow personal feelings and power to allow them to not follow policy, some policies are not followed morally because I do not feel that officers should be allowed to frisk someone who is innocent and has not committed a crime because it takes the focus off real criminals and onto innocent people; it causes emotional stress. I know because I have been through this several times.
The way the police officer Martin McFadden had ignored the fourth amendment in order to catch John W. Terry & Chilton that was planning to rob a store and so the officer had stop and frisk the two suspect in which McFadden had found a concealed weapon which was a .38 caliber pistol and had two of the gun on them and so that they were charged by that ignoring the fourth amendment to find that the two were going to rob the place but also McFadden had frisked a person. Terry sentenced to 3 years, Chilton had served 13 months.
The report included testimony from Officer Darren Wilson, physical evidence, forensic evidence, and many witnesses. According to the Department of Justice report on the incident, Officer Darren Wilson was driving after finishing one of his calls and saw Michael Brown and his friend walking on the double yellow line in the middle of the street blocking traffic. According to his account, officer Wilson told them to move to the sidewalk in which they ignored. He then noticed they fit the descriptions he had earlier heard of the suspects of the robbery, he then parked his vehicle blocking traffic. He attempted to get out of his vehicle to speak to the boys but apparently Michael Brown blocked the car door and started to punch the officer. They engaged in a scuffle where Officer Wilson reached for his gun in which he claims that all he had access to. Michael Brown tried to take control of the gun, according to Wilson’s account. (Department of Justice, 2015) Officer Wilson then regained control of the gun and shot Michael Brown’s hand. Michael Brown then took off and Wilson chased him on foot. Brown started coming towards Wilson. Many witnesses even described Brown as “charging” towards Wilson. (McLaughlin, E. C. (2014, August 15) Wilson warned Brown multiple times and Brown kept moving forward towards Wilson