Stop and frisk is a procedure done by the new york police department that is made to stop crime before crime happens. The police stop thousands of pedestrians annually. If a law enforcement officer finds a pedestrian suspicious the officer can stop the pedestrian and conduct a stop and frisk. The procedure is a pat down of the outer garments while questioning the pedestrian. When police frisk the pedestrian they feel for weapons that may put them in danger not for drugs. A frisk is not an arrest; it is a temporary interference with a pedestrians liberty. A arrest involves the transportation and booking of a person. If a weapon is found or contraband accidentally the frisk can lead to an arrest but if the pedestrian implies no danger they should be free to go.
No stop and frisk can be done without probable cause, the Fourth Amendment in the United States Constitution protects against unreasonable search and seizure; protects civilians from unreasonable searches of their persons, houses, papers and effects. The Framers of our Constitution did not believe that the government should have the power to violate anyone's dignity or privacy. This was the percept of American freedom. More than one century ago the supreme court concluded that "No right is held more sacred, or is more carefully guarded, by the. law than the right of every individual to the possession and control of his own person, free from all restraint or interference, unless by clear and unquestionable authority of law." The supreme court concluded that no law enforcement officer can conduct a stop and frisk unless they have probable cause to believe that the individual has committed a crime or is about to commit a crime.
Police officer Martin McFadden observed a grou...
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...between normal activity and criminal. A solution to that maybe is only a police officer that has gone through some kind of extra training thus becomes certified to stop and frisk. I do not think the stop and frisk law is for every police officer; not everyone can handle power.
New York mayor Bloomberg argues that whites are stopped more than black and latinos. “In that case, incidentally, I think, we disproportionately stop whites too much and minorities too little,” and that the bias that every new yorker argues about does not exist. “It’s exactly the reverse of what they’re saying. I don’t know where they went to school, but they certainly didn’t take a math course, or a logic course.” Over the radio Mayor Bloomberg threw insulting strikes at listeners about the stop and frisk selection of
Immediately after Mayor Bloomberg streamed his comments over the radio.
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. '
The 4th amendment provides citizens protections from unreasonable searches and seizures from law enforcement. Search and seizure cases are governed by the 4th amendment and case law. The United States Supreme Court has crafted exceptions to the 4th amendment where law enforcement would ordinarily need to get a warrant to conduct a search. One of the exceptions to the warrant requirement falls under vehicle stops. Law enforcement can search a vehicle incident to an individual’s arrest if the individual unsecured by the police and is in reaching distance of the passenger compartment. Disjunctive to the first exception a warrantless search can be conducted if there is reasonable belief
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.
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
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).
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.
“From 2005 to mid-2008, approximately eighty percent of total stops made were of Blacks and Latinos, who comprise twenty-five percent and twenty-eight percent of New York City’s total population, respectively. During this same time period, only about ten percent of stops were of Whites, who comprise forty-four percent of the city’s population” (“Restoring a National Consensus”). Ray Kelly, appointed Police Commissioner by Mayor Michael Bloomberg, of New York in 2013, has not only accepted stop-and-frisk, a program that allows law enforcers to stop individuals and search them, but has multiplied its use. Kelly argued that New Yorkers of color, who have been unevenly targeted un...
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
For the past few years there has been an ongoing debate surrounding the issue of racial profiling. The act of racial profiling may rest on the assumption that African Americans and Hispanics are more likely to commit crimes than any individual of other races or ethnicities. Both David Cole in the article "The Color of Justice" and William in the article "Road Rage" take stance on this issue and argue against it in order to make humanity aware of how erroneous it is to judge people without evidence. Although Cole and William were very successful in matters of showing situations and qualitative information about racial profiling in their articles, both of them fail at some points.
"The Reality of Racial Profiling." CivilRights.org. The Leadership Conference, 22 08 2012. Web. 4 Mar. 2014. .
Many people claim that racism no longer exists; however, the minorities’ struggle with injustice is ubiquitous. Since there is a mass incarceration of African Americans, it is believed that African Americans are the cause of the severe increase of crimes. This belief has been sent out implicitly by the ruling class through the media. The media send out coded messages that are framed in abstract neutral language that play on white resentment that targets minorities. Disproportionate arrest is the result of racial disparities in the criminal justice system rather than disproportion in offenders. The disparities in the sentencing procedure are ascribed to racial discrimination. Because police officers are also biased, people of color are more likely to be investigated than whites. Police officers practice racial profiling to arrest African Americans under situations when they would not arrest white suspects, and they are more likely to stop African Americans and see them as suspicious (Alexander 150-176). In the “Anything Can Happen With Police Around”: Urban Youth Evaluate Strategies of Surveillance in Public Places,” Michelle Fine and her comrades were inspired to conduct a survey over one of the major social issues - how authority figures use a person’s racial identity as a key factor in determining how to enforce laws and how the surveillance is problematic in public space. Fine believes it is critical to draw attention to the reality in why African Americans are being arrested at a much higher rate. This article reflects the ongoing racial issue by focusing on the injustice in treatment by police officers and the youth of color who are victims. This article is successful in being persuasive about the ongoing racial iss...
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.” –U.S. Constitutional Amendments
Many Latino and black New Yorkers are frisked and harassed because they look like criminals. Peggy McIntosh’s piece White Privilege: Unpacking the Invisible Knapsack, describes the privileges white people get without realizing their advantage over others. Peggy talks about racism being a part of everyday life, even though we ignore it. Peggy’s main idea was to inform the readers that whites are taught to ignore the fact that they enjoy social privileges that people of color do not, because we live in a society of white dominance. Even though society has come a long way, it still has a longer way to go in improving social profiling.
Despite the fact racism has been around for hundreds of years, upcoming generations are becoming more open minded and less likely to publicly berate minorities; racial profiling, however, is the one loophole of racism America overlooks. Police officials often use the practices of racial profiling to discretely single out minority races. A common approach to this is through traffic patrols. According to a statistic based in San Jose, CA, nearly 100,000 drivers were stopped; during the year ending in June 2000; and of these drivers less than 32% were white, the remaining 68% of drivers were a... ... middle of paper ... ...
There seems to be nothing stopping it as it continues to grow out of control throughout the country. Even before the stop is 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)