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Use and misuse of police power
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Use and misuse of police power
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The Police Powers of Stopping and Searching
The police can stop and search any person, vehicle, and anything in or
on the vehicle for certain items. However, before they stop and search
they must have reasonable grounds for suspecting that they will find:-
· Stolen goods; or
· An offensive weapon; or
· Any article made or adapted for use in certain offences, for example
a burglary or theft; or
· An article with a blade or point; or
· Items which could damage or destroy property, for example spray
paint cans.
The police can also search a football coach going to or from a
football match if they have reasonable grounds for suspecting there is
alcohol on board or that someone is drunk on the coach.
In all of these situations where the police have a right to stop and
search, they should not require you to take off any clothing other
than an outer coat, jacket or gloves.
If you are arrested, the police can search you for anything you might
use to help you escape or for evidence relating to the offence that
has led to your arrest.
In some circumstances a police officer of the rank of inspector or
above can give the police permission to make stops and searches in an
area for a certain amount of time - as long as this is for no more
than 24 hours. When this permission is in force the police can search
for offensive weapons or dangerous instruments whether or not they
have grounds for suspecting that people are carrying these items. An
officer with the rank of assistant chief constable or above can also
give permission for searches in an area in order to prevent acts of
terrorism.
The police can search y...
... middle of paper ...
...uld only seize goods if they have reasonable grounds for
believing that:-
* They have been obtained illegally; or
* They are evidence in relation to an offence.
In either of these cases they must also have reasonable grounds for
believing that it is necessary to seize the goods to prevent them
being lost, stolen or destroyed.
You feel the police have treated you unfairly and want to complain;
there are different courses of action you can take. The best course
of action depends on the nature of your complaint. For example, if
the police have obtained evidence by breaking code of practice rules,
a court may refuse to accept police evidence in any case against you.
Alternatively, you may wish to use the police complaints procedure to
complain about an individual officer's behavior, or take court action.
Search and seizure in Canada has evolved into the Charter of Rights and Freedoms as an important asset in the legal world. The case of R v. TSE sets an important example of how unreasonable search and seizure is in Canada. An important section that relates to this case is s. 8. The main concerns with this case are whether the police abuse their powers to search and seize Yat Fung Albert Tse, the fact that when the police did enter into the wiretap they did not have a warrant and also that it is a breach of privacy without concern.
Explain how the "Stop and Frisk" policies have changed and what role public opinion played in making these changes.
Thesis Statement: The application of “Stop” and Frisk” as an evidence based practice will hinder trust of community policing among communities.
Because of the amount of overdeveloped areas that are now vacant, the desire to renovate old vacant properties and land plots has all but disappeared. What if there was a beneficial solution to unused land plots in need of rehab and redesign? What if, instead of paving over every leftover inch of grass and dirt in urban areas to make room for more parking for our daily commuting polluters, we instead reinvent that land for a purpose that is both beneficial to our
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).
At the core of the stop and frisk policy as utilized by the New York Police Department is racial profiling. Racial profiling has a significant and often controversial place in the history of policing in the United States. Racial profiling can be loosely defined as the use of race as a key determinant in law enforcement decisions to stop, interrogate, and/or detain citizens (Weitzer & Tuch, 2002). Laws in the United States have helped to procure and ensure race based decisions in law enforcement. Historically, the Supreme Court has handed down decisions which increase the scope of discretion of a law enforcement officer. For example, traffic stops can be used to look for evidence even though the officer has not observed any criminal violation (Harris, 2003). Proponent's for racial profiling reason that racial profiling is a crime fighting tool that does treat racial/ethnic groups as potential criminal suspects based on the assumption that by doing so increases the chances of catching criminals (Harris, 2003). Also, it is important to note, law enforcement officers only need reasonable suspicion to stop and frisk, probable cause is not required as in other circumstances (Harris, 2003). It is because of this assumption that the New York Police Department’s stop and frisk policy is still a relevant issue.
Constitutional Law was created as the chosen way to preserve the United States of America Constitution, ratified by Congress in 1783, in respect to its meanings, use, and enforcement, for free government, and equal justice under the law for all Americans. However, as times and generations have passed, the U.S. Constitution remains the supreme law of the land. Among the most contemporary and controversial elements are the challenges of evolving interpretations of the freedom of speech, and search warrants, which have both had a major impact on society. In particular, we explore speech not protected by the First Amendment of the Constitution, as well as some circumstances when a search warrant is not required for a valid search. A conclusion is drawn and outlined based on research conducted to offer a concise in-depth observation of the above topics.
Each year thousands of Americans are stopped by the police in order to be questioned and frisked. Everyone understands that each stop, question and frisk encounter violated the established constitutional rights. The legal issues which refer to the Stop, Question, and Frisk policy are associated with violation of certain rules that create a debate regarding the validity of the practices. The controversial Stop, Question, and Frisk practices require thorough investigation. It is illegal to aggressively stop and question American citizens who merely enter public places. In many cases, law enforcement personnel uses creative ways to stop, question and frisk people who have shown no evidence of being involved in criminal activity. For example, the New York Police Department’s “Operation Clean Halls” has been used since 1991 allowing local police officers to conduct the so-called “vertical patrols” by providing well-organized stop-and-frisk searches in hallways of public buildings (Mathias, 2012). Actually, the Stop, Question, and Frisk practiced in New York City by the City Police Department stands for the legal procedure, which requires stop and question thousands of people, as well as frisk them for weapons, drugs and other contraband. In fact, the Stop,
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.
Law enforcement officers are known to “hunt for property or communications believed to be evidence of crime, and the act of taking possession of this property,” also known as conducting a search and seizure. It is a necessary exercise in the ongoing pursuit of criminals. Search and seizures are used to produce evidence for the prosecution of alleged criminals. Protecting citizens from arbitrary searches, the Fourth Amendment of the Constitution is our right to limit and deny any unreasonable search and seizure. More often than not, police officers tend to take advantage of their authority by the use of coercion. Although it is unlawful, most citizens do not know what police officers can and cannot do in respect of their human rights.
It is easy for police to get caught up in the idea that it is them against the rest of society (Barkan, 2012). Many citizens in today’s democratic society have a negative or fearful view of our law enforcement. Think back to grade school, who was that one kid in class that everyone was annoyed by or despised? Most people would answer the teacher’s pet or the tattletale. We have grown up from a young age to have a negative view towards those that get us into trouble when we think we can get away with something we know is wrong. In the adult world, the police force can equate to those tattletales.
Discretion is defined as the authority to make a decision between two or more choices (Pollock, 2010). More specifically, it is defined as “the capacity to identify and to document criminal and noncriminal events” (Boivin & Cordeau, 2011). Every police officer has a great deal of discretion concerning when to use their authority, power, persuasion, or force. Depending on how an officer sees their duty to society will determine an officer’s discretion. Discretion leads to selective enforcement practices and may result in discrimination against certain groups of people or select individuals (Young, 2011). Most police officer discretion is exercised in situations with individuals (Sherman, 1984).
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The stop and frisk program is a concept that has been employed in the New York City for some few decades not. The program was conceptualized after a careful consideration of the crime rates increasing in the city. As such its core function has been to promote a crime-free society within and in the city. However, the program has had mixed feeling from various stakeholders especially the civilians who have filed complaints with Civilian Complaint Review Board (CCRB) against NYPD police officers.
Abstract This paper will describe police power and police authority. I will also talk about police discretion as to who gets locked up and who is allowed to go free. This paper will discuss the different uses of police force. In this paper, I will also talk about police attitude, police misconduct, and physical abuse among police officers.