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Terry v ohio related cases dealing with frisk
Stop and frisk controversy
Stop and frisk controversy
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Scope of the problem
In this report, I will discuss changes in the stop, question, and frisk policy since Floyd v. The City of New York City. The case of David Floyd et al (2013) brought a class action lawsuit against The City of New York claiming that New York City Police Department violated their Fourth and Fourteenth Amendment rights. Due to the police department's widespread practice of suspicion-less stops and frisks of African American and Hispanics. David Floyd was helping a tenant gain access in his aunts building. David had tried several keys before The NYPD showed up and frisked him. However, before Floyd v The City of New York the Supreme Court had validated a case called Terry v. Ohio (1968). Officer McFadden, a 39-year
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Stating that it empowers police officers to protect themselves against armed citizens for weapons. Stop and Frisk led to the retrieval of 780 guns in 2011 (UCR). However, it should be noted that this number represents only a tiny fraction (.01%) of the total number of frisks that resulted in weapons recovery. Nevertheless, because police safety is an essential component of effective law enforcement, the legal system has tended to uphold the practice of Stop and Frisk. A second benefit noted by supporters is that it has contributed to a reduction in the state prison population. In the early 1990's, the New York Police Department shifted its law enforcement practices to focus on low-level and quality of life offenses. What started as "broken windows" policing gradually evolved into Stop and Frisk practices. The shift diverted law enforcement resources from felony arrests, which are those most likely to end in incarceration, and led to a rise in arrests for misdemeanor offenses. From 1988 to 2008, the number of felony arrests in New York City decreased by 72%, ultimately contributing to a 17% decrease in the state's correctional population between 2000 and 2009 (Austin and Jacobson 2013). For this reason, proponents claim that Stop and Frisk are in part reasonable for the significant decline in the number of people incarcerated in New
Terry v. Ohio was in 1968 it had a decision by the United States Supreme Court which held that the fourth amendment prohibition on the unreasonable search and seizures is not violated when a police officer stops a suspect on the streets and frisks him or her without probable cause to arrest, if the police officer had a reasonable suspicion of that person had commit a crime in which he can be belief that the person may have a weapons that can be dangerous to a police officer.
City of New York, where in the summer of 2013 US District Court Judge Shira A. Scheindlin ruled in favor of African-American and Hispanic plaintiffs who had been stopped by police. In the plaintiffs ' Section 1983 class action against the city, Scheindlin considered evidence of a large number of unjustified police stops of citizens, as well as the ineffectiveness of the stops where only six percent of all stops resulted in any type of arrest and a much smaller percentage led to the discovery of any weapons. Scheindlin also evaluated studies showing that police officers were more likely to stop blacks and Latinos than whites (and with less justification). For example, in 2011, nearly 87 percent of all police stops were of blacks and Latinos, and overall, police were more likely to use force against blacks and Latinos. Further, she concluded that these discrepancies resulted from official policies. “Bartley, who is African-American, says his warnings about police harassment have become a daily ritual with his son and two daughters, a sentiment echoed by Yates and other African-American residents. He has told his teenage son and two daughters to take an ID with them before leaving home. If police stop them, they should keep their hands out of their pockets and not make sudden
According to Kelling, Pate, Dieckman, & Brown (1974), patrol is the “backbone” of police work. This belief is based around the premise that the mere presence of police officers on patrol prohibits criminal activity. Despite increasing budgets and the availability of more officers on the streets, crime rates still rose with the expanding metropolitan populations (Kelling et al., 1974). A one year experiment to determine the effectiveness of routine preventive patrol would be conducted, beginning on the first day of October 1972, and ending on the last day of September 1973.
Mauer, Marc. 1999. The Race to Incarcerate. New York: The New Press National Research Council. 1993.
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
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).
“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...
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.
The United States has a larger percent of its population incarcerated than any other country. America is responsible for a quarter of the world’s inmates, and its incarceration rate is growing exponentially. The expense generated by these overcrowded prisons cost the country a substantial amount of money every year. While people are incarcerated for a number of reasons, the country’s prisons are focused on punishment rather than reform, and the result is a misguided system that fails to rehabilitate criminals or discourage crime. The ineffectiveness of the United States’ criminal justice system is caused by mass incarceration of non-violent offenders, racial profiling, and a high rate of recidivism.
The issue of stop and search is considered to be an extremely controversial area. There is significant debate on the legitimacy and the accountability of police powers when conducting stop and search, which has led to concerns about the effectiveness of policing. Reiner (2000: 80) has stated that policing is ‘beyond legitimation’ as a result of consistent complaints concerning the abuse of police powers within stop and search. The cause for concern is not only raised by the public, or other agencies, but is now recognised by senior British police officers (Ainsworth, 2002: 28). The cause of concern has been raised through complaints that police target ethnic minorities through stop and search and public opinion, that stop and search is a form police harassment of black individuals (Home Office, 19897). It is said that this is a causal factor of the disproportionate in policing (Delsol and Shiner, 2006). Throughout this essay the effectiveness and legitimacy of stop and search and the negative relationship it has built with the public will be critically discussed.
This essay will bring to light the problem of racial profiling in the police force and propose the eradication of any discrimination. 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.
In conclusion, the stop and frisk law is bringing negative attention to topics, which Americans have, tried smooth over for decades. It justifies racism, racial profiling, and creates a negative views of individuals. Race is sociopolitical; it is created and reinforced by social and institutional norms and practices (Castaneda and Zuniga, 2013). This is not a idea that needs attention paid to it, for person should be based on their achievements and personality, not by the racial profiling of another.
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,
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.
Today, half of state prisoners are serving time for nonviolent crimes. Over half of federal prisoners are serving time for drug crimes. Mass incarceration seems to be extremely expensive and a waste of money. It is believed to be a massive failure. Increased punishments and jailing have been declining in effectiveness for more than thirty years. Violent crime rates fell by more than fifty percent between 1991 and 2013, while property crime declined by forty-six percent, according to FBI statistics. Yet between 1990 and 2009, the prison population in the U.S. more than doubled, jumping from 771,243 to over 1.6 million (Nadia Prupis, 2015). While jailing may have at first had a positive result on the crime rate, it has reached a point of being less and less worth all the effort. Income growth and an aging population each had a greater effect on the decline in national crime rates than jailing. Mass incarceration and tough-on-crime policies have had huge social and money-related consequences--from its eighty billion dollars per-year price tag to its many societal costs, including an increased risk of recidivism due to barbarous conditions in prison and a lack of after-release reintegration opportunities. The government needs to rethink their strategy and their policies that are bad