Essay On Reasonable Suspicion

667 Words2 Pages
bulb-icon

Recommended: Racial profiling and the criminal justice system

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. A Terry Stop only requires reasonable suspicion that the person was involved in criminal activity. Reasonable suspicion, according to our textbook, is defined as “less than probable cause, but more than a hunch or mere suspicion” (Gardner & Anderson p. 348). An arrest, however, requires probable cause (Gardner & Anderson p. 5). Probable cause, or “reasonable grounds to believe” is the knowledge …show more content…

It helps develop a picture or description of what the suspect looks or acts like (Winerman p. 1). This type of methodology can help police find criminals faster. By eliminating criminal profiling, it would make the police’s job harder because they wouldn’t be able to use their knowledge from the scene and apply it to their suspect. Eliminating racial profiling is a very good idea. It would make police’s jobs easier because they would be more respected, and people would probably be less violent and more willing to cooperate. After reading the provided summary, I believe that policing should be opened up to the private security model. There are more advancements and a lot more resources, including money, available to them. I think only positive things could come from applying the private security model to police work. However, officers should still have strict requirements and training like in public policing. The main concern should always be the public’s well-being and that could be done more effectively with more resources offered by the private security

Show More
Related

  • Illinois vs Wardlow

    1426 Words  | 3 Pages

    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...

    Read More

  • Racial Profiling In Bob Herbert's Hounding The Innocent

    378 Words  | 1 Pages

    First of all, racial profiling is unfair to its victims . Racial profiling is seen through the police in “Hounding the Innocent”, which is unfair since a person shouldn’t be pulled over more because of their race and that many of these stops have little to no connection to an actual crime. “Young black and Hispanic males are being stopped, frisked, and harassed in breathtaking numbers” (Herbert, 29) This is unfair to all victims of racial

    Read More

  • Pros And Cons Of The Fourth Amendment

    733 Words  | 2 Pages

    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. '

    Read More

  • The Pros And Cons Of The Fifth Amendment

    903 Words  | 2 Pages

    To summarize the Fourth Amendment, it protects people from unreasonable searches and seizures. A search conducted by the government exists when the area or person being searched would reasonably have an expectation of privacy. A seizure takes place when the government takes a person or property into custody based on belief a criminal law was violated. If a search or seizure is deemed unreasonable, than any evidence obtained during that search and seizure can be omitted from court under

    Read More

  • How Racial Profiling Led to the Death of Trayvon Martin

    805 Words  | 2 Pages

    Opponents will argue that racial profiling is based on suspicious behavior and not on race. They feel as though racial profiling can potentially stop certain crimes befor...

    Read More

  • Exclusionary Rule: How, When, and Why Was it Established?

    966 Words  | 2 Pages

    The Exclusionary Rule is a law passed by the United States Supreme Court. It demands that “any evidence obtained by police using methods that violate a person’s constitutional rights be excluded from use in a criminal prosecution against that person” (Ferdico, Fradella, and Totten, 2009). Before this rule, under common law, evidence was acknowledged in court as long as it satisfied evidentiary criteria for admissibility such as relevance and trustworthiness. Any evidence meeting these principles was admitted because it was considered to be helping to achieve justice. Under common law, evidence that was attained by illegal searches and seizures was allowed (Tinsley & Kinsella, 2003). During this period, the protections of the Fourth Amendment were unfilled words to persons condemned until 1914 in the case of Weeks v. United States.

    Read More

  • Pros And Cons Of Stop And Frisk

    1514 Words  | 4 Pages

    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

    Read More

  • The Stop and Frisk Program within New York City Police Department

    1527 Words  | 4 Pages

    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).

    Read More

  • 4th Amendment Violations

    1605 Words  | 4 Pages

    The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found by the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a certain case.

    Read More

  • Reasonable Suspicion in Law Enforcement

    901 Words  | 2 Pages

    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

    Read More

  • History Of The Stop And Frisk Case

    709 Words  | 2 Pages

    Terry which he claimed that his Fourth Amendment which protects all citizens from unreasonable search without a warrant was violated from the moment the officer searched him. Terry appealed the case to the Supreme Court in 1967. The case came also to be known as the “stop and frisk” case. The reason why the name was given is because the officers are only allowed to frisk suspects not search them. The differences between a pat down and a search is that in a pat down, the officer can only pad the individual for hard items they may have inside their pockets. The pat down is mainly to know if the suspect is carrying any weapon that they can use to harm the officer or any other person. Searching a suspect is a little different because that includes a thorough search like checking what is inside a purse or wallet. During a search, an officer could inspect soft things in the pockets of the individual like a small bag of drugs. During a pat down, the officer is not permitted to inspect soft items inside an individual’s pocket. The case collides with the protection that the Fourth Amendment provides us from unreasonable search with no warrant and the prevention of crimes. In 1968, the Supreme Court affirmed that police officers are allowed to pat and frisk individual without probable cause for an arrest. It expands the authority of the police officer to examine crimes before they happen without reasonable basis for suspicious. This decision ensures

    Read More

  • An Argument Against Racial Profiling

    1120 Words  | 3 Pages

    Before any argument can be made against racial profiling, it is important to understand what racial profiling is. The American Civil Liberties Union, defines racial profiling as "the discriminatory practice by law enforcement officials of targeting individuals for suspicion of crime based on the individual's race, ethnicity, religion or national origin"(Racial Profiling: Definition). Using this definition we can determine that racial profiling excludes any evidence of wrong-doing and relies solely on the characteristics listed above. We can also see that racial profiling is different from criminal profiling, which uses evidence of wrong-doing and facts which can include information obtained from outside sources and evidence gathered from investigation. Based on these definitions, I will show that racial profiling is unfair and ineffective because it relies on stereotyping, encourages discrimination, and in many cases can be circumvented.

    Read More

  • Midterm Hypothetical: The 4th Amendment And 6th Amendment

    868 Words  | 2 Pages

    Reasonable Suspicion is a standard used in criminal procedure, more relaxed than probable cause, that can justify less-intrusive searches. For example, a reasonable suspicion justifies a stop and frisk, but not a full search. A reasonable su...

    Read More

  • The Procedure Of Stop And Frrisking

    2167 Words  | 5 Pages

    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.

    Read More

  • Essay On The Criminal Investigation Process

    1078 Words  | 3 Pages

    The criminal investigation process is able to achieve justice to a great to a great extent. They are effective in achieving justice, as they are able to balance the rights of the victim, offenders and society and also provide fair and just outcomes. For these reasons, the criminal investigation process is largely able to achieve justice.

    Read More

More about Essay On Reasonable Suspicion

Open Document