What are Stop and Frisk?
The situation in which a police officer who is suspicious of an individual detains the person and runs his hands lightly over the suspect 's outer garments to determine if the person is carrying a concealed weapon.One of the most controversial police procedures is the stop and frisk search. This type of limited search occurs when police confront a suspicious person in an effort to prevent a crime from taking place. The police frisk (pat down) the person for weapons and question the person. A stop is different from an arrest. An arrest is a lengthy process in which the suspect is taken to the police station and booked, whereas a stop involves only a temporary interference with a person 's liberty. If the officer uncovers further evidence during the
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According to the Ohio Court of Appeals, the Terry stop was supported by sufficient reasonable suspicion because significant aspects of the anonymous caller 's predictions were verified. In the Wisconsin case, the Wisconsin Supreme Court ruled that the police had reasonable suspicion to conduct an investigatory stop based on an anonymous tip that individuals were dealing drugs from a vehicle parked within view of the tipster and their confirmation, within four minutes of the tip, of readily observable information offered by the tipster, even though the officers did not independently observe any suspicious activity. In Florida v. J. L., however, the U.S. Supreme Court stated that an accurate description of a subject 's readily observable location and attributes do not show that the tipster had knowledge of concealed criminal activity."Stop and Frisk." TheFreeDictionary.com. N.p., n.d. Web. 10 Aug.
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.
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...
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
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
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).
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.
We must take actions to reform police behavior! The problem is not the police nor the people of the United States, but the Federal Government system in which we all have to abide by. In order for a police reform to be implemented, the system has to be fixed and reconstructed. The people of the United States want to feel protected by the police, but on the other hand, they receive limited training on how to effectively interact with the people in the community they serve. Police officers are ordained by the power of the government. Police reform should start by giving proper training to new recruits and veterans, enforcing community policing and police accountability.
The purpose of stop and search, an investigative tool to prevent crime is arguably different to the current practice of this procedure, current research suggests that it is used to gain intelligence and for social control (Bowling and Phillip, 2007). Following this, there is substantial evidence suggesting that thirty police forces have no understanding of how to use their powers to complete a stop and search (HMIC, 2013). Furthermore, the Police and Criminal Evidence Act (1984, c60) states that a police officer can only stop and search a citizen if they have reasonable grounds to suspect they have stolen or prohibited items on their person. However, statistical evide...
Is it true that excessive force is one of the most used forms of police misconduct? Are unarmed African Americans more likely to get killed during an encounter with police officers than any other race? Yes, both of these shockingly horrifying facts are true. So why are police officers abusing their powers and creating fearful environments when they should be making people feel safe in their communities. Who can we turn to on this earth to keep us safe if everyone and thing seems to be corrupt? When did police brutality become a thing in the U.S.? What exactly are we dealing with and what can we, as a nation, be doing to solve this awful conflict evolving quickly in the U.S.
Police brutality among all races needs to stop. Movements like Black Lives Matter focus in on only one race; however police brutality happens among all ethnic groups. Police brutality can sometimes shut out people who are not of the African American race. If more people supported the all lives matter movement, this could truly bring the discussion of police brutality to the table. It can be more difficult to do this when we focus on just one community of individuals. The only way to fix the downside that we face is requiring all police officers in the United States to wear body cameras. This solution would create less he said she said and more facts in situations where people are killed by police officers no matter what color they are.
One of the major court decisions for the “Search Incident to Arrest” was Gant vs. Arizona. Rodney Gant was arrested for driving with a suspended driving license. When the police officers arrested him and had him hand cuffed in the back seat of the police car, they then did a search on his vehicle. The police then didn’t have a reason to think there were illegal things in his car just from driving with a suspended license. The search warrant to arrest states that a police officer may conduct a warrantless search if there are any suspensions found within the area. In Gant versus Arizona this was not the case. The police officer had no reason to search Rodney’s car just because he had a suspended drivers license. As the police officer was searching the car he found cocaine in a jacket pocket in the back seat. A previous case ruling such as New York versus Belton, they had made the bright-line rule. The bright-line says that a police can search the compartment on the passenger side of a vehicle or any containers that are within the reach or “grabbing area” of the arrestee. Later over the years there was another court casing, Thornton versus United States. During the courts ruling they had changed the Belton rule again. It now said that the police cannot pursue a warrantless search if the arrestee is secured and locked up in a police car and has no access to the inside of the vehicle. After hearing the revised rule, the court did not give up. In the final courts ruling, a police can still perform a warrantless search only if there is any reason to believe there is other crime related evidence in the vehicle. Since the time of Gants arrest the police had no suspicions to conduct a warrantless search because of a suspended driving license, Gant
Have you ever been followed by store officials or security while shopping in a department store? At first, all of the attention can be flattering but quickly becomes insulting once you realize they’re not following you to offer any assistance. Instead because of how you look you fit a certain profile that causes store officials to think you’ve come to their store to steal. This type of behavior is called racial profiling. According to the American Civil Liberties Union, racial profiling refers to the discrimination practice by law enforcement officials of targeting individuals for suspicion of crime based on the individual’s race, ethnicity, religion, or national origin. Citizens need to be more aware of racial profiling and make laws that racial profiling should be illegal. Racial profiling is carried out by law enforcement airport security, and other security personnel that look to profile the minorities for no reason. Heather Sally Newton Driscoll ebscohost.com stated “The practice of profiling is rooted in centuries of discrimination and is based on stereotypes that have long been disproved. Profiling holds on entire population accountable for the committed by a small minority”.