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
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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
The framework of Stop-and-Frisk started in 1968 in a case known as Terry v. Ohio. This was a landmark case that gave law enforcement the constitutional limitations by the United States Supreme Court to stop and search individuals in streets encounters for weapon or contraband (Rengifo & Slocum, 2016). In 1996, the Anthony General, Eliot Spitzer opened an investigation to assess the effectiveness of Stop-and-Frisk on the minority communities in New York City. The assessment involved looking at 175,000 UF-250 Forms from 1998 to 1999. During
Gardner, 2016). It was in 1968 in Terry vs. Ohio where the court initially ruled it to be legal for the police to detain someone and question them based on reasonable suspicion. Therefore, it is police officers’ job to identify people who are involved in criminal activity or are going to be involved in any criminal activity. If they ever see someone that they feel is acting a little suspicious and they have enough basic facts to say that their behavior seemed a bit shady, they have the right to detain that persona and question them.
The Fourth Amendment of the United States Constitution protects one’s rights against unreasonable searches and seizures. It also states that no warrants shall be issued without probable cause. Probable cause can be defined as a person of reasonable caution who believes that a crime has been committed and the person accused has committed that crime. Modern law has afforded police officers an incentive to respect this amendment, known as the “stop and frisk” act. The Stop and Frisk law allows police officers to stop someone and do a quick search of their outer clothing for weapons: if the officer has a reasonable suspicion that a crime has or is about to take place and the person stopped is armed or dangerous. The reasonable
The stop and frisk procedure is known to be more used toward those of the African American, Latino and minority races rather than those of the Caucasian race. A person is protected from unreasonable search and seizures under the Fourth Amendment. Many contested
As crime rates rise, police must come up with new methods to counteract these increases. Many of these methods come with pros and cons that may affect the way the public views Police officers and law enforcement in general. Some of these methods may seem like a violation to people’s rights, even though they may be constitutional. One of these methods known as Stop and Frisk is one of the most widely debated topics in America when it comes to dealing with Police actions and Constitutional rights.
Every day people walk down the street of New York wondering if they are going to be stopped. Paul Butler a law professor at Georgetown University and a former United States Department of Justice prosecutor says that “the problem with stop and frisk is not only that it makes the citizens of New York less free, it also makes them less safe” (Butler, 2012). This brings the feeling of the people in New York to light, as they feel like they are less than others and less free with the ability to them being stopped and searched whenever an officer has a suspicion. Not all officers have the right sense in mind when it comes to their suspicion about someone, because “according to the analysis, just 1.5% of all stop-and-frisk arrests resulted in a jail or prison sentence. Just one in 50 stop-and-frisk arrests, 0.1%, led to a conviction for a violent crime or possession of a weapon. Close to half of all stop-and-frisk arrests did not result in a conviction” (Lee, 2013). The percentages show that officers’ suspicions aren’t always correct and that they may use their own stereotype about someone when they stop and frisk. This policy is ineffective because they don’t have a 100 percent on catching people, and many times officers’ own opinions on someone gets in the way. This policy is kept around for the little percentage it has worked and to give the officers an option to do a stop and frisk if they feel necessary. If this policy
The NYPD’s stop and frisk practices raise serious concerns over racial profiling, illegal stops and privacy rights. The Departments own reports on its stop and frisk activity confirm what many people in
There has always been tension raised between maintaining a safe society and observing by the constitutional rights of its citizens. The New York City aggressive program of Stop and Frisk have been widely criticized and considered unconstitutional. However, Stop and Frisk, per se is not unconstitutional unless people are being stopped illegally. It 's a crime prevention tool that allows police officers to stop a person based on reasonable suspicion of criminal activity and to conduct a frisk based on reasonable suspicion that the person is armed. Some argue this policy was created to target minorities. Most of the people who have been stopped and frisked under this program have been African American or Hispanic. This concerns citizens and makes them oppose the policy because they believe its racial profiling and guided by color. Stop and frisk is now one of the biggest controversies in United States. It has become something that is affecting society in both a positive and negative way.
Eighty-seven percent of stops in 2012, were Black and Hispanic people. Compare that percentage to the amount of water on Earth, only seventy percent. Now, imagine eighty-seven percent water covering the Earth. That would make the world unbalanced and difficult to live in, which is how life is for the minorities impacted by Stop and Frisk. One of the most debated and controversial topics in New York City is the Stop and Frisk policy, and the impact it has on police, Latinos, and African Americans. Stop and Frisk fails to promote justice and equitable society because it creates a society where one group is lesser than another. The Stop and Frisk policy was created in Ohio, 1968, because of the a Supreme Court case, Terry v. Ohio (US Courts).
The statistics show that to be an African American or Hispanic in New York you are more than twice as likely to get stopped as a white or Asian person. Studies of reports show that 15,000 or 30% of stops are deemed unconstitutional; and those are just the ones that are reported, imagine all of those that go unreported. Imagine all of those people who were victimized just because of the color of their skin. The stop-and-frisk procedure was once a good thing that helped clean up the streets, but now it’s becoming an epidemic of racial profiling, and teaching racism and intolerance to anyone who is a victim or witness of these stops.
The purpose of this paper is to discuss the pros and cons of the Stop and Frisk policy in New York. This paper covers a short history of Stop and Frisk. It also will address the progression of the policy throughout the years. Furthermore, it will relate the topic to the management, gender, and race class focusing in on how the unconscious bias plays a role in how the police choose who to stop. The paper also includes some statistics of Stop and Frisk encounters. It will conclude with the group opinion of the Stop and Frisk policy.
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
The stop, question, and frisk policy was implemented in the NYPD in an effort to make the city a safer place. With weapons becoming more easily accessible than ever, they are becoming more of a problem, and officers and the general public are now in more danger than ever of being killed by a firearm, knife, or a weapon. Although the policy is intended to prevent harm and protect society, it has been under major scrutiny in not only the past few years, but also the past few decades as well. Due to the fact that minorities are believed to be the main target of this policing tactic, many people have argued it is inherently corrupt should be abolished. On the other hand, it has shown to provide some positive outcomes and as a result, it is a necessary
The NYPD’s stop-and-frisk practices raise serious concerns over racial profiling, illegal stops and privacy rights. The Department’s own reports on its stop and frisk activity confirm what many people in communities of color across the city have long known: The police are stopping hundreds of thousands of law abiding New Yorkers every year, and the vast majority are black and Latino. In 2011, New Yorkers were stopped by the police 685,724 times. 605,328 were totally innocent (88 percent). 350,743 were black (53 percent). 223,740
The terms “stop-and-frisk” is used as one, then the reality is that its two separate acts. Stops are the first act with frisks being the second that requires the police officer to have two different legal justifications. When a police officer stops a subject that officer must have reasonable suspicion that the person has committed, is committing, or is in the act to commit a crime. To frisk a person by a police officer that officer must have reasonable suspicion to believe that the person who is stopped poses a threat to the officer’s safety which may include a concealed weapon ("Report on the NYPD 's stop and frisk policy," 2013).