The practice of ‘Stop-and-Frisk’ in New York, by the federal courts, has been found unconstitutional not because of the actual process once the person was stopped, but because of the way they were targeting based on race with little to no reason. When you look at the racial breakdown of Stop-and-Frisk targets in New York from 2003-2015, consistently fifty percent (50%) or more were black (Bump) yet blacks make up twenty-five percent (25%) of the population (Matthews). White was not even a category as it was comprised in ‘other’. Latino was the only other category which comprised about twenty-five percent (25%) (Bump). Blacks make up twenty-five percent (25%) of the population in New York. In Pittsburgh, a city similar to New York, it was found that in traffic stops, black men are eight percent (8%) more likely to be frisked and the grounds on being frisked are if the officer thinks there maybe be criminal activity (Ryan). Again, it is a hundred percent (100%) up to the officer whether a frisk in this case happens. The problem is how objective are police officers when stopping African Americans, specifically men, if statistically speaking they are stopped disproportionately.
An example of racial profiling that involves both Stop-and-Frisk and DWB is the incident behind Whren v. United States. Two black men, Michael Whren and James Lester Brown, in Washington D.C. who were driving a truck through a high drug area when an unmarked police car with two officers pulled up next to
In the 1990s, the growth of violent crime reached its all-time high. In reply to the number of high murder rates in 1990, the New York City Police Department realized that whatever they are doing to reduce violent was not working. The local news reported that New Yorkers were afraid to wear their jewelry in public. Some New Yorkers reported that they sprint to the subway exit to avoid victimization when the door opened. The New York City Police Department decided to implement a practice of Stop, Question, and Frisk. This law became to know as the Stop -and- Frisk (Bellin, 2014). 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 (Rengifo & Slocum, 2016). By the last 1990, Stop-and Frisk became a common practice implemented by New York City Police Department (Bellin, 2014).
An example of racial profiling that involves both Stop-and-Frisk and DWB is the incident behind Whren v. United States. The incident behind the case involved two black men, Michael Whren and James Lester Brown, in Washington D.C. who were driving a truck through a high drug area. An unmarked police car with two officers pulled up next to the truck that was stopped at a stop sign for an unreasonable amount of time and then sped away at a high speed. The police officers then pulled them over and saw a clear plastic bag. Under the suspicion that it was drugs, they searched the car and ended up finding a substantial amount of drugs. The decision of Whren v. United States says that if a police officer has a reasonable suspicion, he can stop the car for that reason alone. There is no need for a traffic offense because ‘driving suspiciously’ is enough to warrant a stop. While yes, they did see the plastic bag and that was the caused for the search, they stopped them because they were African American men in a high drug area and drove suspiciously. There is no saying that if they were two white men that they would not have been pulled over as well, however, if they were two black men not in a high drug area and drove suspiciously they would have still been more likely to be pulled over than two white men. This shows the underlying problem is not that the law directly discriminates, it’s that the police who enforce and the society who follows it that have biases and stereotypes that
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 New York Police Department's stop and frisk has been around for several years and people recently have been taking action about it but this is a very important and useful practice that officer conduct on a daily base, police officer are doing the right thing especially if neighborhoods are known for criminal or violent activities then these people should be stopped, questioned and frisked, from January to June of 2013 the NYPD's report shows that African American and Hispanics are more active to commit crimes like robbery, rape, murder and manslaughter, felonious assault, grand larceny, misdemeanor sex crime, misdemeanor assault, petit larceny, criminal mischief, shootings, procession of drugs, firearms, and other illegal substance overall blacks and latinos being targeted not only because what they are wearing or how they but also cause of what the numbers show us. The new soon to be Major of New York Bill de Blasio has said that he is against the stop and frisk but many officers say that taking away the stop and frisk will increase crime tremendously, people are going to start to walk around with weapons, the whole point about the stop and frisk and why police officers conduct it many times is because they want the public to see that anyone can be patted down meaning that if they carry weapons with them then they will get arrested. Bill de Blasio has also said
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.
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.
In New York City’s police department report in December 1999, the stop and frisk practices showed to be greatly based on race. In NYC, blacks make up 25.6% of the city’s population, Hispanics 23.7% and whites are 43.4% of NYC population. However, according to the report, 50.6% of all persons stopped were black, 33% were Hispanic, and only 12.9% were white. As you can see, more than half of the individuals who were stopped were black, 62.7% to be exact (ACLU, 2013). In Orange County, California Latinos, Asians and African Americans were more than 90% of the 20,221 men and women in the Gang Reporting Evaluation and Tracking System (ACLU, 2013). Clearly this database record shows racial profiling occurred when the total population in the database made up less than half of Orange County’s population. This is when the California Advisory Committee of the U.S. Commission on Civil Rights and the ACLU stepped in. One other instance of racial profiling I’d like to discuss occurred in Maricopa County, Arizona. A court ruled in May 2013 that “sheriff Joe Arpaio’s routine handling of people of Latino descent amounted to racial and ethnic profiling”; according to CNN, the sheriff’s office had a history of targeting vehicles with those having darker skin, examining them more strictly and taking them into custody more often than others (CNN, 2014). Judge Murray Snow ordered a monitor to oversee retraining in this
With blacks being stopped more than half of the time, and Latinos being stopped around 30 percent, its clear why these groups along with other minority groups feel they are being singled out and picked on; in fact, Mayor Bill de Blasio even made a public apology for the policy’s negative impact after the New York Times (2014) claimed that Judge Shira A. Scheindlin described it as “a policy of indirect racial profiling.” It’s reasons like these that encourage people to believe this tactic is inherently corrupt. If police officers are not using clear logic and reasonable suspicion when stopping individuals, it can create a major separation between our law enforcement agents and society and allow for noble cause corruption. While this policy has the ability to create major distrust and dislike for the cops, however, it can also have a very positive impact as well. For example, if officers continue to improve the accuracy of their stops and become more successful in taking weapons off the streets and deterring crime, their communities should begin to back them and also this
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
Racial profiling is an example of police brutality, which is defined by Gross and Livingston (2002) as “the practice of some officers of stopping motorists of certain racial or ethnic groups because the officer believe that these groups are more likely than others to commit certain types of crimes” (p.1413). Therefore, individuals are treated unfairly by law enforcement solely based on their race. This type of mistreatment is unmerited and ultimately a violation of an individual’s rights. However, in many instances the courts do not find it a violation of their civil rights based on the fact that racial profiling is difficult to prove. Often, prosecutors are disinclined in bringing forth a case against officers on this particular matter. Officers are permitted to stop and search individuals and their vehicles whenever there is reasonable suspicion, however, there has been studies that prove that some law enforcement officers restrict these rights primarily to minority groups. Bowling and Phillips found that although there was no formal monitoring of use of these powers, it was concluded that it was particularly heavy use of these powers against ethnic minorities, largely of young black people (as cited in Sharp & Atherton, 2007, p. 747) . In several cases, officers argue that they reasonably pulled an individual over for other probable grounds such as: traffic violations, suspicious behavior, etc., with race never being an
Racial profiling has become a severe obstacle in the U.S. today though most Americans know very little of this vital issue. Every day, people are being pulled over, harassed, and even killed for being of a certain race. There are new laws that politicians are trying to pass that promote racial discrimination. Racial profiling is immoral and does not increase public safety.
“One. The police stop blacks and Latinos at rates that are much higher than whites. In New York City, where people of color make up about half of the population, 80% of the NYPD stops were of blacks and Latinos. When whites were stopped, only 8% were frisked (Quigley, 2010).” Police stops are a very common effect on society. It isn’t fair that police don’t hold everyone accountable the same way. Not every cop is that way but there are that selected few who still have that racist mindset and hold it against innocent people. It’s no secret that in New York especially, there is a lot of crime and gang activity produced by different minority groups in the city. However, The facts does not provide a good reason that in routine stops are people of color targeted and frisked down compared to