A police officer is required to have probable cause to stop a vehicle, which can be, but not limited to a traffic violation, equipment violation, or simply suspicious activity. A frisk of the occupants of a vehicle is justified if the police officer has reasonable suspicion that the occupants are armed and dangerous. In this essay, I will identify the levels of police encounter involved in the case study. I will describe the legal requirements needed to justify each encounter. I will analyze the facts in the case study against each level of encounter to determine if Officer Smith was justified. In the scenario presented in the case study, Officer Smith is on routine patrol at night when she notices the vehicle in front of her appears to have a broken tail light, but covered with colored tape. Officer Smith instructs the driver to pull the vehicle to the side of the road. In the 1996, Whren v. United States despite the prevailing circumstances and the personal opinion of the officer whether the occupant of a vehicle is involved in some other illegal activities, a traffic stop is legitimate as long as another logical officer would have stopped the vehicle for the same traffic violation (The Oyez Project at llT Chicago-Kent College of Law, 2013). The law varies on the broken tail light from state to state. In general, as long as the tail light does not show a bright glaring light and the tail light is operational then it is not a traffic law violation (Leagle, 2013). With that being duly noted, Officer Smith does not have reasonable suspicion to make the initial stop of this vehicle (Carden, 2013). In the case study, as Officer Smith walks to the driver side of the vehicle; she recalls that a car fitting the gene... ... middle of paper ... ... 1 June 2015. http://www.georgiacriminaldefense.com/georgiaattemptingtoeludeapoliceofficer.html Leagle. (2013). Vicknair v. State. Web. 1 June 2015. http://www.leagle.com/decision/1983956670SW2d286_1945 Legal Information Institute. (n.d.). Exigent circumstances. Web. 1 June 2015. http://www.law.cornell.edu/wex/exigent_circumstances National Paralegal College. (2007). Exceptions to the warrant requirement. Web. 1 June 2015. http://nationalparalegal.edu/conlawcrimproc_public/protectionfromsearches&seizures/extowarrantreq.asp Nolo. (2013). Your rights during a traffic stop. Web. 1 June 2015. http://www.lawfirms.com/resources/criminal-defense/traffic-tickets/your-rights-during-a-traffic-stop.htm The Oyez Project at llT Chicago-Kent College of Law. (2013). Whren v. United States. Web. 1 June 2015. http://www.oyez.org/cases/1990-1999/1995/1995_95_5841
"Key Supreme Court Cases: Schenck v. United States - American Bar ..." 2011. 14 Jan. 2014
" Schenck v. United States. Chicago-kent College of law , n.d. Web. 6 Jan. 2014.
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
"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.
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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
SHELLEY v. KRAEMER. The Oyez Project at IIT Chicago-Kent College of Law. 23 March 2014. .
Police brutality is a very real problem that many Americans face today. The police carry an enormous burden each day. Police work is very stressful and involves many violent and dangerous situations. In many confrontations the police are put in a position in which they may have to use force to control the situation. There are different levels of force and the situation dictates the level use most of the time. The police have very strict rules about police use force and the manner in which they use it. In this paper I will try to explain the many different reason the police cross the line, and the many different people that this type of behavior effects. There are thousands of reports each year of assaults and ill treatment against officers who use excessive force and violate the human rights of their victims. In some cases the police have injured and even killed people through the use of excessive force and brutal treatment. The use of excessive force is a criminal act and I will try and explore the many different factors involved in these situations.
Oct 1993. Retrieved November 18, 2010. Vol. 79. 134 pages (Document ID: 0747-0088) Published by American Bar Association
Et Al. United States Court of Appeals Eleventh Circuit. N.d. Legal Information Institute. Cornell University, n.d. Web. 10 May 2014.
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.
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
Abadinsky, Howard. Law and Justice: An Introduction to the American Legal System. 6th ed. Upper Saddle River: Prentice Hall, 2008. Print.
Police are using modern license plate reader technology that can read on spot and collect general information about the vehicle and the driver. The technology helps the police to get information; however, the police decides who to stop for violation. There are tremendous evidence that indicates African Americans men and women pulled over by police for minor traffic violation but ends up on body and vehicle search. This fact indicates discretion is exercised in the way one feels racial profiled. In the meantime, police are using these information collected to target African Americans like Imani Perry. Secondly, the author assumes police treated her wrongly and unfavorably because she is African American. Race and class remains an important social factor in understanding disparities in many important parts of life. Even though there is no simple way to show that a correlation between her case and wide police practice, her personal experience is quite similar with most African Americans victim of bad policing. Some critics may also assume this as an isolated