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The New York police department has a policy known as "stop-and-frisk". with the specifics of the policy, please discuss
Stop-and-Frisk Research Paper
Literature review stop and frisk
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What are Stop and Frisk?
The situation in which a police officer who is suspicious of an individual detains the person and runs his hands lightly over the suspect 's outer garments to determine if the person is carrying a concealed weapon.One of the most controversial police procedures is the stop and frisk search. This type of limited search occurs when police confront a suspicious person in an effort to prevent a crime from taking place. The police frisk (pat down) the person for weapons and question the person. A stop is different from an arrest. An arrest is a lengthy process in which the suspect is taken to the police station and booked, whereas a stop involves only a temporary interference with a person 's liberty. If the officer uncovers further evidence during the
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According to the Ohio Court of Appeals, the Terry stop was supported by sufficient reasonable suspicion because significant aspects of the anonymous caller 's predictions were verified. In the Wisconsin case, the Wisconsin Supreme Court ruled that the police had reasonable suspicion to conduct an investigatory stop based on an anonymous tip that individuals were dealing drugs from a vehicle parked within view of the tipster and their confirmation, within four minutes of the tip, of readily observable information offered by the tipster, even though the officers did not independently observe any suspicious activity. In Florida v. J. L., however, the U.S. Supreme Court stated that an accurate description of a subject 's readily observable location and attributes do not show that the tipster had knowledge of concealed criminal activity."Stop and Frisk." TheFreeDictionary.com. N.p., n.d. Web. 10 Aug.
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 and 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 man gathered on a corner. The two men rehashed this activity five or six times. After one of the trips, a third man went along with them (Katz) who left rapidly after a concise discussion. Associating the two men with "packaging an occupation, a stick-up", detective Mcfadden rivalled them and saw them rejoin the third man a few blocks away before a store. The officer then approached them, distinguish himself as a cop. In the process of requiring their names and personal identification, the cop appropriated a muttered reaction.
In the case of Illinois vs. Wardlow, many factors contributed to Wardlow’s arrest. Starting with the facts of the case, on September 9, 1995 Sam Wardlow fled after seeing police vehicles covering an area in Chicago where it was known to have high drug trafficking. Two police officers spotted Wardlow, Officers Nolan and Officer Harvey, and once Officer Nolan caught up with Mr. Wardlow, Officer Nolan proceeded to conduct a pat-down search of only the outer layer of clothing, or a “Terry Stop.” Officer Nolan was well aware that in this area, there was almost always a weapon on a suspect that was involved with some type of drug transaction. After conducting the frisk, Officer Nolan squeezed the opaque colored bag that Mr. Wardlow was carrying. He noticed that the object inside of the bag felt like a hard and heavy object which he believed could potentially be a gun. After looking inside the bag, Officer Nolan found a weapon inside, a .38 caliber handgun to be exact. On the spot, Officer Nolan and Officer Harvey arrested Mr. Wardlow.
Explain how the "Stop and Frisk" policies have changed and what role public opinion played in making these changes.
The judicial system in America has always endured much skepticism as to whether or not there is racial profiling amongst arrests. The stop and frisk policy of the NYPD has caused much controversy and publicity since being applied because of the clear racial disparity in stops. Now the question remains; Are cops being racially biased when choosing whom to stop or are they just targeting “high crime” neighborhoods, thus choosing minorities by default? This paper will examine the history behind stop and frisk policies. Along with referenced facts about the Stop and Frisk Policy, this paper will include and discuss methods and findings of my own personal field research.
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
First, studies have to show how the officers apply the procedure of stop-and-frisk second, it should describe how the Fourth Amendment ties with how the police officer performs it. As further research has passed, the authors have seen some articles of steps on how stop-and-frisk being done. “Officers should conduct stops only when they are justified.” By this standard, officers should be required to file a report explaining the reason and context surrounding the stop, along with the ultimate outcome (arrest, weapons or drug confiscation, etc.). Police leaders, commanders, and managers should communicate a clear, uniform message about the purpose of the practice and lay out the expectations for police conduct. Officers should be trained to conduct stops legally and respectfully. In essence, they need to “sell the stop” to citizens by explaining the purpose behind it, how it links to the agency’s crime control efforts, and why it benefits the
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).
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.
Law enforcement officers need a reason to stop you. Remember, it cannot be just a hunch the police officer had. Their action has to be backed up with facts that led him to believe you, or someone else had committed a crime. Like the Supreme Court cases we went over, all dealt with reasonable suspicion in some way. Reasonable suspicion is the standard police officers need to stop and frisk someone. They will need probable cause, a higher standard, to search and arrest a person. Remember, officers need reasonable suspicion to stop, question, and
One of the major court decisions for the “Search Incident to Arrest” was Gant vs. Arizona. Rodney Gant was arrested for driving with a suspended driving license. When the police officers arrested him and had him hand cuffed in the back seat of the police car, they then did a search on his vehicle. The police then didn’t have a reason to think there were illegal things in his car just from driving with a suspended license. The search warrant to arrest states that a police officer may conduct a warrantless search if there are any suspensions found within the area. In Gant versus Arizona this was not the case. The police officer had no reason to search Rodney’s car just because he had a suspended drivers license. As the police officer was searching the car he found cocaine in a jacket pocket in the back seat. A previous case ruling such as New York versus Belton, they had made the bright-line rule. The bright-line says that a police can search the compartment on the passenger side of a vehicle or any containers that are within the reach or “grabbing area” of the arrestee. Later over the years there was another court casing, Thornton versus United States. During the courts ruling they had changed the Belton rule again. It now said that the police cannot pursue a warrantless search if the arrestee is secured and locked up in a police car and has no access to the inside of the vehicle. After hearing the revised rule, the court did not give up. In the final courts ruling, a police can still perform a warrantless search only if there is any reason to believe there is other crime related evidence in the vehicle. Since the time of Gants arrest the police had no suspicions to conduct a warrantless search because of a suspended driving license, Gant
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.
Current advancements in technology has given the government more tools for surveillance and thus leads to growing concerns for privacy. The two main categories of surveillance technologies are the ones that allow the government to gather information where previously unavailable or harder to obtain, and the ones that allow the government to process public information more quickly and efficiently (Simmons, 2007). The first category includes technologies like eavesdropping devices and hidden cameras. These are clear offenders of privacy because they are capable of gathering information while being largely unnoticed. The second category would include technologies that are used in a public space, like cameras in a public park. While these devices
We must take actions to reform police behavior! The problem is not the police nor the people of the United States, but the Federal Government system in which we all have to abide by. In order for a police reform to be implemented, the system has to be fixed and reconstructed. The people of the United States want to feel protected by the police, but on the other hand, they receive limited training on how to effectively interact with the people in the community they serve. Police officers are ordained by the power of the government. Police reform should start by giving proper training to new recruits and veterans, enforcing community policing and police accountability.
Many people live in fear that they are constantly being watched. Michael Jackson sang it best in the 80 's by saying, "I always feel like, somebody 's watching me," in his hit song with Rockwell. That 's exactly what the NSA and other government organizations are doing today with domestic surveillance. Everywhere Americans go and every corner they turn there is a camera, and every website or email they send is being monitored closely. So what can society do about this? Educate others on the situation and stand up for what is right. Some people believe they must give up some freedoms for protection, but at what cost? What is happening in America is not what the founding fathers fought for. Domestic surveillance should not be allowed because
Have you ever been followed by store officials or security while shopping in a department store? At first, all of the attention can be flattering but quickly becomes insulting once you realize they’re not following you to offer any assistance. Instead because of how you look you fit a certain profile that causes store officials to think you’ve come to their store to steal. This type of behavior is called racial profiling. According to the American Civil Liberties Union, racial profiling refers to the discrimination practice by law enforcement officials of targeting individuals for suspicion of crime based on the individual’s race, ethnicity, religion, or national origin. Citizens need to be more aware of racial profiling and make laws that racial profiling should be illegal. Racial profiling is carried out by law enforcement airport security, and other security personnel that look to profile the minorities for no reason. Heather Sally Newton Driscoll ebscohost.com stated “The practice of profiling is rooted in centuries of discrimination and is based on stereotypes that have long been disproved. Profiling holds on entire population accountable for the committed by a small minority”.