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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.
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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.
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.
Being suspicious about someone is not necessarily bad for police officers, as long as you have a reason to suspect. For example, have you ever seen a person that you have never seen before, walk by your neighborhood? Law enforcement officers patrol the streets making sure there isn’t anything suspicious going on. There have been cases were the police have been accused of stopping people over for no reason. Some say they were racially profiled. Whatever the case is, police have to have reasonable suspicion to stop someone.
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
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.
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.
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.
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.
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).