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Arguments for racial profiling
Arguments for racial profiling
Factors affecting racial profiling
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Journal 3 Section One: Chapter Five we learned about the procedure of stopping and frisking. It gave us information on the guidelines of stopping and frisking, defining the two as two separate acts, and how the act pertains to different situations like cars, houses, and weapons in car. A vast majority of states in the US have laws that allow police officers to stop and frisk an individual. This procedure is allowed on the basis of reasonable suspicion, where as an arrest requires probable cause. If reasonable suspicion is not displayed then it is not a valid justifiable stop and frisk. Reasonable suspicion can be established with information that is different in quantity or content from that required to establish probable cause, but also in the sense that reasonable suspicion can arise from information that is less reliable that that required to show probable cause. It must be grounded on specific facts and logical conclusions based on the officer’s experience. Terry v Ohio would put into place the guidelines for a valid stop and frisk. The three things that it must include is: 1. Observe 2. Approach and identify 3. Ask questions. When all of these requirements are met then the frisk can take place. The frisk allows the officer to pat down the outer part of clothing of the individual, in attempt to discover a weapon that could be used to assault him or her or harm others. . Chapter 6 Chapter six discusses arrests and use of force. It explains what an arrest’s, warrants, and force. The chapter talks about the circumstances needed to do an arrest without warrant. What procedures the officer must follow after an arrest is made. Finally, deadly force and nondeadly force are defined and when they are useable.... ... middle of paper ... ...chance on being set up, because I waived my right and gave permission to search. It was also good to see other people views on the Taser gun, I feel that would save a lot more lives if it was used. I do understand that it also can cause death. Better you have a better chance of surviving an incident. Section Three: I believe I did well in my quiz this week, it covered all the pertinent things that we learned this week for Chapter 5 & 6. I’m hoping that I will finish next week stuff a little bit earlier since my paper will be on the Scottsboro Trial and my journal 4. Section Four: This week I was better prepared then last week. I was able to post all of my discussions and respond by the due dates posted. Can’t believe that we are halfway through the term already. I’m looking forward to next week. I have even gotten started on paper 2 early. Have a Happy Easter!
At the time of trial, Mr. Wardlow tried to suppress the handgun as evidence due to the fact that he believed the gun had been seized under an unlawful stop and frisk that violated his Fourth Amendment rights. The Fourth Amendment of the United States Constitution protects the right of the people against unreasonable searches and seizures by requiring a showing of probable cause in order to obtain a warrant before conducting such searches. “In a trial motion to suppress the gun, Wardlow claimed that in order to stop an individual, short of actually arresting the person, police first had to point to ‘specific reasonable inferences’ why the stop was necessary.”(Oyez, 2000) Recognizing that an investigati...
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.
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.
Seals, E. (2007). Police use of tasers: The truth is “shocking”. Golden Gate University Law Review, 38(1), 38-109
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.
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).
Use of Electronic Control Devices (ECD’s) such as the widely used taser X26 at the discretion of police officers can be a very useful tool in order to temporarily disable and obtain custody of a non-compliant suspect. When used appropriately it can even reduce the risk of a suspect physically harming the officer, himself or others through temporary physical incapacitation. However these devices need not be used unnecessarily, and officers who do employ their use liberally and without just cause should not go without appropriate disciplinary measures proportionate to the magnitude of the situation. I would like to shed light on a few examples of ECD use where officer discretion have come under scrutiny.
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
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...
3.The stop and frisk strategy, or in other places known as the Terry Stop, in New York is a practice of the New York Police Department. The officers would stop and question a person that happens to be walking on the street. They were frisked for weapons and contraband. The frisking of the person includes a pat down of the outside of the individuals clothing. If any concealed weapons were found during the frisk the officer was allowed to seize the weapon and proceed with an arrest. If the officer did not find any concealed weapons or contraband on the person, they were free to be released.The rules are based on the Supreme Court's decision in the Terry v. Ohio. The stops were conducted based on reasonable suspicion. That defines the difference
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
How I think police officers look at stop-and-frisk policy as a way to help to narrow on crime. For example, during a crime bust of a boss that information and data were pointing towards Caucasians, they start at the low-level and work their way up till they get the boss. Keeping that in mind, if all the lower level people that work under the boss were Asian and the police looked for an Asian boss that would be considered racial profiling because in this scenario the boss was Caucasian. The reason I find this to be racial profiling is becaus...
The use of force by police officers has been a widely discussed topic over time. Whenever force is used, especially deadly force, it needs to be determined if the force was necessary. There are many cases in history where deadly force was used by police officers in different scenarios. Over the past few years, this has been a major problem in the U.S. and has caused a lot of speculation of the police. Media has also played a big roll in the judgment of deadly force. The media has the ability to influence people’s opinions and make them believe certain things to be true even if they aren’t. There are various charts and guidelines that help determine when use of force is necessary. Most often, use of force depends on the situation and the danger that may be present. Police officers get a lot of heat from the public about using excessive force/deadly force when it is not necessary, however the public may be misinformed in certain cases. It is essential to thoroughly investigate all cases where deadly force is used to ensure that it follows all police guidelines and their handbooks rules of using force. A suspects actions influences the actions police officers