Notes from Dr. Borkosky

Such stereotypes have been broadcast in the modern era via politicians, who have utilized divisive rhetoric to equate African Americans with violent and drug crimes, and the media, which disproportionately portrays black men as dangerous criminals (Alexander, 2010). (2015). Because the standard for reasonable suspicion is so low, and because the incentives to search for drugs are so high, it was almost inevitable stop and frisk would be misused to conduct drug searches. Eventually, the Burger Court decided on the totality of circumstances doctrine, which effectively expanded, instead of limited, police discretion. Retrieved from http://ccrjustice.org/home/what-we-do/our-cases/floyd-et-al-v-city-new-york-et-al. The Court defined these terms far more broadly, stating a seizure occurs whenever the police restrict an individual’s freedom of movement, and a search occurs even when an officer restricts his investigation to a pat down of an individual’s outer clothing.

It will conclude with the group opinion of the Stop and Frisk policy. v. the City of New York in 2003 (Daniels, 2001). Eberhardt, J., Goff, P., Purdie, V., & Davies, P. (2004). However, they serve as a pointer of the likely success and inconveniences that the program is packaged with to the residents of New York City. As a result, abuses have been rampant, with many stops failing to meet even the very low standard supplied by the Court. Police on the other hand, were much less likely to shoot an unarmed target and exhibited no racial discrepancies in the targets they chose to shoot. The accused are burdened with the nearly impossible task of disputing factors which are largely subjective and left to be determined at an officer’s discretion. Westport, CT: Praeger. Established precedent and Constitutional interpretation regarding the Fourth Amendment had long held every search and/or seizure required probable cause, which requires that the officer possess a moderately high standard of proof that crime was afoot before being justified to act (Laser, 1995). One of the most debated and controversial topics in, Stop and Frisk does not give the Latino and Black communities equal access to the safety and protection the police provide because they are the ones constantly being hunted. There is evidence police are failing to record when unsuccessful frisks are conducted. The only information provided by the CPD is the number of stops performed which did not result in any further police action; a number which is startlingly high. Kurland, P., & Casper, G. (1975). Due to said factors, the level of discretion afforded by the Courts was inevitably used in a racially discriminatory manner. Of the frisks that are recorded, officers tend to cite spurious justifications that result in a very low success rate in detecting weapons. The explicit sanctification of pretext stops by the Court has troubling implications for stop and frisk.

The program gives a police officer the discretion to stop, question and frisk a person in the public precincts including the streets. v. City of New York in 2011 (Floyd, 2013). Even factors which were not sufficient in and of themselves, such as location in a high crime area, could be combined with other factors to meet the standard. African Americans are more likely than any other group to be stopped, frisked, and arrested. Web. This test assessed the reasonableness of the officer’s actions by “balancing the need to search (or seize) against the invasion which the search (or seizure) entailed” (Terry, 1968). https://www.wowessays.com/free-samples/argumentative-essay-on-the-stop-and-frisk-policy/. The probable cause standard meant to protect citizens from unreasonable searches becomes virtually meaningless when pretext searches may be used based on the much lower standard of reasonable suspicion. Expert Report for the Defense in David Floyd Et. The balancing test originally employed by the Courts in Terry, which balanced an officer’s need for safety against the limited intrusion of a frisk, has become meaningless given this new development.

Perhaps the most troubling aspect of stop and frisk policy was the vague and ubiquitous set of factors which courts ruled sufficed to meet the standard of reasonable suspicion (Harris, 1994). (2014). This paper covers a short history of Stop and Frisk. This paper will examine the history behind stop and frisk policies. Because of civil forfeiture laws amended by Congress in the 1980s, state and local police departments were now able to keep up to eighty percent of the property they seized from drug crimes (Alexander, 2010). It clarified a search and seizure could occur short of a custodial arrest and comprehensive search. As long as officers cited the correct factors, it was likely that a stop and frisk would be upheld (if it was challenged at all). Fordham Urban Law Journal, 23(2), 317-75. Stop-and-Frisk on Trial, The Editorial Board, 21 May 2013. The New York Times. ID A study performed by Eberhardt et al. Because the standard which allows police to search for weapons is so incredibly low, and is based on a totality of undefined circumstances, police now essentially have the ability to search for anything at any time (Jonas, 1989). In conclusion, therefore, the program would effectively balance the two competing interests. In each of these cities, it has been contended that stop and frisk is used as a policy to harass minorities. The point on discrimination could also be seen as an affront to the constitution and, therefore, illegal by the spirit and the letter of the law. The Court ruled that such a pretext stop was permissible, as long as the reason for initiating the stop was valid. Participants played a video game in which they were shown a picture of either an African American or a white male, who was holding either a weapon or a non-weapon item. WowEssays.

The almost unfettered level of discretion afforded to officers under stop and frisk has inevitably led to racially discriminatory policing given the current racial climate. Stop and frisk policy provides officers with virtually no concrete guidelines. Such assertions, though debatable, are supported by the fact that in 2012, the number of homicides recorded was lowest in the recent history of crime in the City of New York (Ferrandino, 2012). The Court weighed the officer’s safety concerns against the “brief intrusion upon cherished personal liberty” which a frisk entailed (Terry, 1968). Of the cases which are heard, the Supreme Court has consistently instructed lower courts to yield to the officer’s judgment if possible.

Since anti-social elements are more likely to be found in areas which are crime prone, it is better for the police to do more of hot spot policing and less of stop and frisk so that police can nab few dangerous criminals who are behind all crimes leaving the law abiding citizens alone. The second quarter was inexplicably much worse with 62% of all stops and 53% of all frisks failing to meet the standard. While it acknowledged such an intrusion was “far from inconsiderable”, it found the officer’s interest in securing his own safety, even before he had probable cause to make an arrest, was the more compelling interest.

This abuse was overwhelmingly targeted toward minority communities (Eterno, 2012). The main protagonists in the implementation of this program have been the police department. All rights reserved.

A frisk was limited to a brief pat down of the suspect’s external clothing, and could only be used to the extent necessary for immediately identifying weapons on his person.

February 2020. According to one officer working in a high crime area “the Constitution has been thrown out the window when it comes to stops”. This feeling could provide requisite pressure that contributes to quitting crime. The legal questions bank on the fact that the program could be an affront to the constitutional rights of privacy. In fact, critics insist that on that premise alone, the program should be declared unconstitutional and thus illegal. Under the ill-defined reasonable suspicion standard supplied by the Court, subsequent courts were either unwilling or unable to limit adequately the virtually unfettered discretion granted to police under the Terry decision. Law, Social Issues, New York, Democracy, Policy, Crime, Criminal Justice, Police.

14 June 2013 The Court was clear to delineate when a stop and frisk could legally be employed, but was not able to adequately define the parameters of what constituted reasonable suspicion. Andrew Karmen who is a criminal justice professor at John Jay College voiced his opinion against the policy saying, "A small number of black and Hispanic youth are committing the majority of the crimeBut it doesn't justify hundreds of thousands of stops of innocent people" (Huffington Post). New York City Police Foundation, 1-52. Alexander, M. (2010). Another reason advanced in support of the program relates to the preventive effect it has on criminals. The Court instructed that an officer’s judgement should be relied upon even when a reasonable, but untrained, person may not have deemed the situation suspicious.

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