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Scholarly papers on stop and frisk
Essay on the stop and frisk
Racial profiling in America
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Stop and Frisk
Introduction
Most African Americans and Hispanics in certain part of the United States have been subject to some form of stop and frisk. Some stop and frisks are racially related and other are legit. For the ones that are not legit it seems that there is a particular ethic group that is the main focus of these stop and frisks, and they tend to be the African Americans. When we are stopped the term used with some LEOs and even non LEOs (regular citizens) is driving while black, especially if they are stopped on the highway (e.g., Lundman and Kaufman 2003 and Weitzer, 2000, Harris, 2002). Within this discussion, we will focus on stop and frisk, the distinction between the stop and the frisk, Terry v. Ohio, one or two examples where a stop and frisk would be justified, the length of time of the detention, could the subject be handcuffed during this stop, and the level of force that could be used to enforce the stop and frisk.
What is stop and frisk?
Most of us know what stop and frisk means, but for argument sake, lets us summarize what it means. Well, it when a LEO has briefly hinder an individual and pat them down, this type of search must only be done to the persons outer apparel when there no “specific articulable facts leading a reasonable police officer to believe a person is armed and dangerous” (“Stop and Frisk, n.d., para. 1).
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Ohio case clashed with the Fourth Amendment and the protection from harassing intrusive or conduct by LEO when there is no criminal act being committed, and the obligation of an LEO is to ‘investigate suspicious behavior and prevent crime” (Terry v. Ohio, 1968, para. 2). According to the Terry v. Ohio (1968) case had cooperating lawyers by the name of Louis Stokes and Jack G. Day who represented Mr. Terry, and Berkman of the ACLU of Ohio, with Wulf and Levine of the national ACLU, filed an amicus brief urging
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.
Police are using modern license plate reader technology that can read on spot and collect general information about the vehicle and the driver. The technology helps the police to get information; however, the police decides who to stop for violation. There are tremendous evidence that indicates African Americans men and women pulled over by police for minor traffic violation but ends up on body and vehicle search. This fact indicates discretion is exercised in the way one feels racial profiled. In the meantime, police are using these information collected to target African Americans like Imani Perry. Secondly, the author assumes police treated her wrongly and unfavorably because she is African American. Race and class remains an important social factor in understanding disparities in many important parts of life. Even though there is no simple way to show that a correlation between her case and wide police practice, her personal experience is quite similar with most African Americans victim of bad policing. Some critics may also assume this as an isolated
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).
Racial profiling is the tactic of stopping someone because of the color of his or her skin and a fleeting suspicion that the person is engaging in criminal behavior (Meeks, p. 4-5). This practice can be conducted with routine traffic stops, or can be completely random based on the car that is driven, the number of people in the car and the race of the driver and passengers. The practice of racial profiling may seem more prevalent in today’s society, but in reality has been a part of American culture since the days of slavery. According to Tracey Maclin, a professor at the Boston University School of Law, racial profiling is an old concept. The historical roots “can be traced to a time in early American society when court officials permitted constables and ordinary citizens the right to ‘take up’ all black persons seen ‘gadding abroad’ without their master’s permission” (Meeks, p. 5). Although slavery is long since gone, the frequency in which racial profiling takes place remains the same. However, because of our advanced electronic media, this issue has been brought to the American public’s attention.
“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...
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.... ...
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
As a result of the discrimination within the criminal justice system traffic stops are composed of mainly African American and Hispanics. These minorities are targeted within the streets as criminals by police officers. A video from The Orland Sentinel showed major evidence of racial profiling by police. Within the video there more than one thousand people’s roadside stops shown. With watching one hundred and forty-eight hours of video, statistics acquired were that “Almost 70 percent of the motorists stopped were black or Hispanic. More than 80 percent of the cars that were searched were driven by blacks and Hispanics. Although deputies contend they stop cars only for legitimate traffic violations - as required by the Florida Supreme Court
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... ... middle of paper ... ...
Over the past centuries, Black community in Toronto have encountered and persisted violence and discriminations in many different ways. Racial profiling and carding are the two major roots of police brutality. Police officers often have biased perceptions and negative feelings about certain races. Carding can be defined as random police checks that target young African-Canadian men. Police might detain a driver for driving a specific type of vehicle or driving in certain areas that they have assumptions about. “This practice was a systematic violation of the rights of people in our communities, especially of racialized youth” (CBC ABC National, June 1, 2015). Carding results in police abusing their power which leads to assaults, shootings and death. However, police have said
There has always been racial profiling in our history. The problem here is that at some point the ones who are oppressed and discriminated sooner o later will claim why they are treated unequally. There are many examples around the world, but one only has to take a look at how the American society has been designed to realize the great difference between individuals. It was even normal and acceptable to see these differences during the creation of this nation because the ones who supposedly had the power and knowledge of conquering made sure to create a huge division between leaders and subordinates.
Every day you see and hear about minorities groups complain about cops and their tactics against them stopping them while in traffic taking them in to custody or even getting kill over nothing. Racial Profiling is a common thing in this community and it is causing a lot of trouble. According to Minnesota House of Representatives analyst Jim Cleary, "there appear to be at least two clearly distinguishable definitions of the term 'racial profiling ': a narrow definition and a broad definition... Under the narrow definition, racial profiling occurs when a police officer stops, questions, arrests, and/or searches someone solely on the basis of the person 's race or ethnicity... Some ways to stop it is find out who is guilty of it, look at their
Harris, D. 1999a. “Driving While African-American: Racial Profiling on Our Nation’s Highways.” An American Civil Liberties Union Special Report
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