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Essay On Stop And Frisk

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Stop and frisk is a long established practice in policing. It happens when an officer stops a person in a public place or an automobile, asks questions about his or her identity and activities, and then frisks the person for weapons if the officer fears for his or her safety. Although now considered routine, there was a time when its constitutionality was assumed rather than based on court approval. Some states, by law, authorize officers to stop and frisk; other states and some federal courts have upheld the practice in judicial decisions even in the absence of statutory or agency authorization. Whether authorized by state law or validated through judicial decisions, however, stop and frisk has long been deemed essential and necessary part …show more content…

They are similar in that a stop and a frisk must be based on reasonable suspicion and conducted with a warrant. They are different, however, in purpose and justification. A stop is valid only if an officer has reasonable suspicion that a suspect has committed a crime or is about to commit a crime. For example, if a suspect is stopped because he or she firs a criminal profile, the stop is invalid. In contrast, a frisk has only one purpose which is officer protection. A frisk for any other purpose is invalid even if evidence of a crime is later discovered. Such evidence must be excluded during trial because of the exclusionary rule, which holds that evidence illegally obtained cannot be used during trial to prove the guilt of the accused. For example, assume that a frisk is conducted by an officer for the purpose of finding evidence of drug possession or use. That frisk is invalid and the incriminating evidence obtained is not admissible at trial because the purpose of the frisk was not for officer protection …show more content…

Although not as benign as an officer merely asking questions of a suspect, it is not as highly intrusive as an arrest. Given its intermediate status, questions arise whether it comes under the full protection of the Fourth Amendment. If ensconced fully within the Fourth Amendment, then it amounts to an arrest and would need probable cause to be valid. If it falls under the Fourth Amendment, but is considered less than an arrest, then to what extent is it protected against unreasonable searches and seizures? Those questions were answered by the court in Terry v. Ohio. Terry was decided in favor of the police and considered one of the most significant cases in law enforcement because it governs a sensitive area in police patrols. It is used daily in policing and considered an effective tool in crime prevention and officer protection. Without it, police efforts aimed at proactive policing are severely curtailed

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