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Research Paper Stop and Frisk

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Stop and Frisk: the Downside to a Decrease in Crime
By Boli Bencosme

Pace University
LAW 101 – 50271
2012 Summer 2 Session
Prof. John Paul

Research Paper

“Stop and Frisk” is a program put into effect by the New York Police Department that basically grants an officer authority to stop and search a “suspicious character” if they deem him/her to be as such. They don’t need a warrant, or see you commit a crime. 5They simply need to deem you “suspicious” to violate your 4th amendment rights without repercussions. Since its inception, New York City’s stop and frisk program has drawn much controversy stemming from the disproportionate rate of arrest. While the argument that the program violates an …show more content…

The cops that searched those innocent people could have just as easily been stopping a robbery or assault from happening.

The origin of stop and frisk lies in a Supreme Court ruling in the case of Terry v. Ohio 1968. 3When a group of three men were suspiciously walking back and forth looking into a store, a plainclothes officer suspected that they were planning to commit a robbery. When he confronted them, he was unsatisfied with the answers they were giving him, so he searched them and found an illegal firearm. A key issue in this case was probable cause. By definition, probable cause is a collection of facts or single fact that would lead a competent police officer to believe that a crime was committed. While the officer suspected a crime was about to be committed, no crime had yet been committed and therefore there was no probable cause. While the cop had reason to suspect an illegal activity was about to occur, he did not have probable cause to conduct the search. The Supreme Court ruled in favor of the defendant on the grounds that a stop and frisk is less intrusive than a full blown search. They also ruled that requiring probable cause would place the officer and other bystanders in danger. According to the court, the only justification of a stop and frisk is to find illegal firearms, knives, or other weapons that can be used to put the officer in danger. Nothing was stated to the court about drugs. This case has been

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