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Racism in police essay
Stop and frisk literature reviews
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'' Violating the 4th Amendment guarantees against illegal searches and seizures is not the way to solve crime problems. ~ Tim Wise Throughout the years, police departments all over the states have used the practice known as '' stop and frisk,'' in which officers can stop, question, pat down, and search the belongings of anyone they consider suspicious. Those who supported the stop-and-frisk tactics argues that this method should be allowed because it helps police make the streets safer and it prevents crimes and violent. Although some may agree to this tactic, theirs those who oppose it and claims that it violates the Fourth Amendment's, which ban unreasonable search and seizure.
Many police officers around the world have used the practice known as '' stop and frisk. This tactic allows officers to stop, question, pat down and search anyone's belonging that they consider suspicious. Although many jurisdictions support the procedures, there has been a complaint about the method and those who are concerned about the bad outcome of the practice. According to police reports, throughout the years' officers stopped 4.4 million people between2 2004
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Citizens have the right and freedom to refuse a search from any police officers without any search warrant. This goes against the 4th Amendment, police officers can legally stop and detain a person only when they have a reasonable suspicion that the person is committing, has committed or is to commit a crime. Citizens are being stopped and searched by police with reason. These unlawful stops are demeaning and humiliating to citizens. It causes a tension between police and minorities and makes it harder for citizens to trust law enforcement. Stop and frisk is the result of racial profiling and racial discrimination. Many of the times those stops are made towards blacks, Hispanics and not often to
The Stop and Frisk program, set by Terry vs. Ohio, is presently executed by the New York Police Department and it grant police officers the ability to stop a person, ask them question and frisk if necessary. The ruling has been a NYPD instrument for a long time. However, recently it has produced a lot of controversy regarding the exasperating rate in which minorities, who regularly fell under assault and irritated by the police. The Stop, Question and Frisk ruling should be implemented correctly by following Terry’s vs. Ohio guidelines which include: reasonable suspicion that a crime is about to be committed, identify himself as a police officer, and make reasonable inquires.
Some issues with stop and frisk in some parts of New York they have to have practice of stop and frisk and there are some people have issues about it because they are ignoring the people's right of the
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. '
The 4th amendment provides citizens protections from unreasonable searches and seizures from law enforcement. Search and seizure cases are governed by the 4th amendment and case law. The United States Supreme Court has crafted exceptions to the 4th amendment where law enforcement would ordinarily need to get a warrant to conduct a search. One of the exceptions to the warrant requirement falls under vehicle stops. Law enforcement can search a vehicle incident to an individual’s arrest if the individual unsecured by the police and is in reaching distance of the passenger compartment. Disjunctive to the first exception a warrantless search can be conducted if there is reasonable belief
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.
In 1990, there was a total of 2,245 murders in New York, but over the past nine years, this total has been less than 600 (NYCLU). However, there has not been evident proof that the stop-and-frisk procedure is the reason of the declination of the crime rate. Indeed, stop-and-frisk contributes to some downturn of crime but the number is not high enough for the citizen and police to rely on. Specifically, only 3% of 2.4 million stops result in conviction. Some 2% of those arrests – or 0.1% of all stops – led to a conviction for a violent crime. Only 2% of arrests led to a conviction for possession of a weapon (Gabatt, A., 2013). In other words, the decrease in crime due to stop-and-frisk is mostly due to the discovery of possessed of weapons. Therefore, stop-and- frisk is not an effective procedure to use because it does not represent a huge impact in people’s safety (Gabatt, A., 2013). The author has done research about how police base their initiation towards the procedure of stop-and-frisk. Researchers have found that stop-and-frisk is a crime prevention strategy that gives a police officer the permission to stop a person based on “reasonable suspicion” of criminal activity and frisk based on “reasonable suspicion” that the person is armed and dangerous. This controversy is mainly because of racial profiling. “Reasonable suspicion” was described by the court as “common sense” (Avdija, A., 2013). Although, 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).
One of the biggest reason stop-and-frisk should be abolished is in hopes to decrease such blatant racial profiling that has been going on under the name of “stop-and-frisk”. In 2007, 55% of the people stopped in New York were blacks and 30% were Hispanic (“Update: Crime and Race”). When checked again in 2011 a total of 685,000 people were stopped by the police of that 685,000, 52.9% were African Americans, 33.7% were Latino, and 9.3% were white (“Racial Profiling”). There is a story of an innocent victim of the stop-and-frisk policy, a man by the name of Robert Taylor. Police in Torrance stopped the elderly man and claimed he fit the description of a suspect that was linked to a robbery. But there was one simple problem; Taylor is a light complexioned, tall, 60 year-old man and the suspect was believed to be a short, dark complexioned, stocky man in his thirties; nothing like Taylor at all (Hutchinson). His shows that the police do not always stop people based on the right reasons, they tend to stop people based on the color of thei...
One discriminating practice used by police officers is racial profiling. This is the police practice of stopping, questioning, and searching 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 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 tha...
Profiling is unconstitutional and violates civil rights. Police can search a person without a warrant if they have reasonable doubt that they are armed and dangerous; however, of people who are pulled over while driving, less than 4% of whites are searched while about 10% of bla...
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.
Reasonable suspicion constitutes a stop by police. According to our textbook, the Fourth Amendment protects us from unreasonable searches and seizures, which is why is it important for police to justly stop a person (p. 17). The exclusionary rule states that any evidence obtained from improper police work, like an unwarranted stop, is not allowed in court.
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 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.
Stop and Frisk is a police tactic used to interrogate and search people suspected of criminal activity. This police tactic was developed to deter criminal activity within areas of high crime rates. In addition, this crime prevention tactic is recognized as a safety tool for the protection of police officers on duty. Stop and frisk consists of a quick pat down of an individual’s outer garment in search for concealed weapons and/or narcotics. This proactive police method was developed in 1968, the U.S Supreme Court approved it after the Terry v. Ohio case, upholding restrictions on officers enforcing these acts.