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
Mathias, Christopher. "NYPD Stop And Frisks: 15 Shocking Facts About A Controversial Program."
The Huffington Post. TheHuffingtonPost.com, 13 May 2012. Web. 11 Nov. 2013.
"Stop-and-Frisk Data | New York Civil Liberties Union (NYCLU) - American Civil Liberties Union of New York State." Stop-and-Frisk Data | New York Civil Liberties Union (NYCLU) - American Civil Liberties Union of New York State. N.p., n.d. Web. 11 Nov. 2013.
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.
People of color are being pursued on the highways in the land of the free. In Bob Herbert’s “Hounding the innocent” acts of racial profiling are displayed flagrantly. Racial profiling should be illegal, since it is unfair to its victims, demoralizing, and it breaks the trust between the public and the police.
American Civil Liberties Union. (n.d.). American Civil Liberties Union. Retrieved March 9, 2014, from https://www.aclu.org/fusion-centers-force-multiplier-spying-local-communities
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...
The stop-and-frisk policy could be considered a big controversy facing New York in recent times. The whole concept behind this stopping-and-frisking is the police officer, with reasonable suspicion of some crime committed or about to be committed, stops a pedestrian, questions them, then if needed frisks the person. This policy started gaining public attention back in 1968 from the Terry v. Ohio case. A police officer saw the three men casing a store and he believed they were going to rob the store; this led to him stopping and frisking them. After frisking them, he found a pistol and took the weapon from the men. The men then cried foul and claimed they were unconstitutionally targeted and frisked.
U.S. Department of Justice. "A Resource Guide on Racial Profiling Data Collection Systems." December 2000. U.S. Department of Justice. Web. 18 June 2015.
Crosley, Hillary. “How Data Took Down NYC’s Stop and Frisk” The Hour (2013) 1-3. Print.
Rudovsky, David. "Breaking the Pattern of Racial Profiling." TRIAL. Aug. 2002: 29+. SIRS Issues Researcher.
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