The Stop and Frisk program, set by Terry vs. Ohio, is presently executed by the New York Police Department and it grant police officers the ability to stop a person, ask them question and frisk if necessary. The ruling has been a NYPD instrument for a long time. However, recently it has produced a lot of controversy regarding the exasperating rate in which minorities, who regularly fell under assault and irritated by the police. The Stop, Question and Frisk ruling should be implemented correctly by following Terry’s vs. Ohio guidelines which include: reasonable suspicion that a crime is about to be committed, identify himself as a police officer, and make reasonable inquires.
First of all, the initial foundation of the Stop, Question and Frisk ruling started on October 31, 1963 when a Cleveland Police Department investigator, Martin Mcfadden, recognized two men, John W. Terry and Richard Chilton, standing on a road turning at 1276 Euclid Avenue and according to the officer, their acts were suspicious. Detective Mcfadden, watched the two going sequentially here and there and then here again along a vague track, stopping to gaze in the same store window. At the end of each track, the two man gathered on a corner. The two men rehashed this activity five or six times. After one of the trips, a third man went along with them (Katz) who left rapidly after a concise discussion. Associating the two men with "packaging an occupation, a stick-up", detective Mcfadden rivalled them and saw them rejoin the third man a few blocks away before a store. The officer then approached them, distinguish himself as a cop. In the process of requiring their names and personal identification, the cop appropriated a muttered reaction.
The detective friske...
... middle of paper ...
... declaring the policy unconstitutional, but to retreat to the fundamental guidelines set by Terry vs. Ohio to verify if the stop is substantial or not.
Works Cited
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Carver, Marina. "NYPD Officers Say They Had Stop-and-frisk Quotas." CNN. Cable News Network, 01 Jan. 1970. Web. 11 Nov. 2013.
Center for Constitutional Rights. "Stop and Frisk - The Human Impact Report (full Text)."Stop and Friskorg. N.p., July-Aug. 2012. Web. 11 Nov. 2013.
Some issues with stop and frisk in some parts of New York they have to have practice of stop and frisk and there are some people have issues about it because they are ignoring the people's right of the
In the United States of America today, racial profiling is a deeply troubling national problem. Many people, usually minorities, experience it every day, as they suffer the humiliation of being stopped by police while driving, flying, or even walking for no other reason than their color, religion, or ethnicity. Racial profiling is a law enforcement practice steeped in racial stereotypes and different assumptions about the inclination of African-American, Latino, Asian, Native American or Arab people to commit particular types of crimes. The idea that people stay silent because they live in fear of being judged based on their race, allows racial profiling to live on.
Stop and Frisk is a practice that was put into play by which a police officer initiates a stop of an individual on the street supposedly based on reasonable suspicion of criminal activity “Stop and frisk” and other discriminatory policing practices have spiraled out of control.
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.
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.
Rengifo & Slocum (2016) concentrated on community policing procedure that was implemented in New York City known as “Stop-and Frisk,” also known as “Terry Stop.” Stop-and Frisk” was a method that was implemented by the New York City Police Department in which an officer stops a pedestrian and asked them a question, and then frisks them for any weapon or contraband. The data for this study was collected from 2005-2006 from an administrative area known as Community District1 in South Bronx, New York. This area is composed of the following neighborhoods: Melrose, Pork Morris, and Mott Haven. Majority of the population in this
...ack and Latino communities remain to be the overwhelming aim of these procedures. Nearly nine out of 10 stopped-and-frisked New Yorkers have been completely innocent, according to the NYPD’s own reports. Linking police stops to violent crime suspects is a bad calculation. Only 11 percent of stops in 2011 were founded to be on an account of a felony suspect and from 2002 to 2011, black and Latino citizens made up close to 90 percent of individuals stopped, and about 88 percent of stops, more than 3 million, were innocent New Yorkers. Even in areas that are mostly white, black and Latino New Yorkers face the inconsistent burden. For instance, in 2011, African American citizens and Latino New Yorkers made up over 24 percent of the residents of Park Slope, but they also made up 79 percent of all the stops made by the NYPD. Making Stop-and-Frisk clearly discriminatory.
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.
...inspired action at the state and local level. The ACLU calls on legislators in every state to pass laws that will allow the practice of traffic enforcement to be statistically monitored continuously. Fourth, the Justice Department should ban racial profiling in all federally funded drug interdiction programs. Fifth, the fifty largest cities in the United States should voluntarily collect traffic stop data (“Restoring a National Consensus”).
"Stop and Frisk." Gale Encyclopedia of American Law. Ed. Donna Batten. 3rd ed. Vol. 9. Detroit: Gale, 2010. 391-392. Opposing Viewpoints In Context. Web. 5 Nov. 2013.
Stop-and-frisk is a crime prevention action that allows a police officer to stop and frisk a pedestrian without probable cause to arrest, if the officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime (Stop and Frisk). It was first approved by the Supreme Court in 1968 after the case Terry v. Ohio, which was considered as a landmark decision. The purpose was to reduce the number of crimes and limited use of firearms; but after several years of implementation, it has faced so many oppositions from the people, and did not really get the positive results.
Immigrant Profiling by Local Law Enforcement. (2012, May 1). Retrieved Month Day, Year, from Issues & Controversies database
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.