...6. Feis, Aaron. Bain, Jennifer. Short, Aaron. Italiano, Laura. “Shooting victim’s family begs de Blasio: ‘We need stop-and-frisk’. New York Post. 31 May. 2015. Web. 31 October. 2015. Based on the article, “Shooting victim’s family begs de Blasio: ‘We need stop-and-frisk’, by Aaron Feis, Jennifer Bain, Aaron Short and Laura Italiano. They talk about the increase of murders in New York City during this year. Furthermore, Feis, Bain, Short and Italiano illustrate the opinion of many residents who have lost their loved-ones during this rise of gun violence. These people have raise their voices asking to Mayor De Blasio to bring back the NYPD’s right to search for guns. On the other hand, the authors reveal that every week the number of murder victims in NYC rise, leaving a negative...
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...The stop and frisk policy was adopted from English law in a number of American courts. In accordance with English common law, without statutory provisions, a police officer has the power to stop, question, and frisk suspects given reasonable circumstances. Based on a standard which holds less than probable cause, this power is granted upon the standard of reasonable suspicion. It is a question of circumstances of each individual case that determines whether reasonable detention and investigation is validated.[7] Legislation pertaining to constitutional requirements of stop and frisk practices were made into an area of concern by the Supreme Court when they encountered the case of Terry v. Ohio. While frisks were arguably illegal, before this point a police officer could only search someone either after arresting them or obtaining a search warrant. In the cases of Terry v. Ohio, Sibron v. New York, and Peters v. New York, the Supreme Court granted limited approval in 1968 to frisks conducted by officers lacking probable cause for an arrest in order to search for weapons if the officer believes the subject to be dangerous. The Court's decision made suspicion of danger to an officer grounds for a "reasonable search".[8] Stop-and-frisk is not necessarily a new invention. In the early 1980s if a police officer had reasonable suspicion of a possible crime, he had the authority to stop someone and ask questions. If, based on the subject’s answers, the suspicion level did not escalate...
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...Stop and Frisk The Stop and Frisk program in New York City is a exercise of the New York City Police Department , where police officers would stop and question thousands of walkers annually, and frisk them for weapons and other contraband. The rules for this such actions are found in “New York State Criminal Procedure Law section 140.50”, and are founded on the result of the United States Supreme Court in the case of Terry v. Ohio. Thousands people are stopped each year mostly are Blacks or Latino. Some judges have found that these stops are not based on reasonable suspicion of criminal activity. Each day in New York City, and in many other cities in the country, police officers will stop ask questions, and every now and then frisk people...
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...The New York Police Department has been using the “stop and frisk” tactic at an alarming rate. The Fourth Amendment of the United States Constitution protects against unreasonable searches, and the New York City Police Department’s use of “stop and frisk,” in general, stopped people on the street without any reasonable suspicion that the individual had participated in criminal activity. The New York City Police Department’s policy of implementing “stop and frisk” so broadly violates the Fourth Amendment. The Fourth Amendment protects “the right of the people to be secure in their persons… papers, and effects, against unreasonable searches…” The Federal District Court in Manhattan has since opinioned that the New York City Police Department’s use of “stop and frisk” is in violation of the Constitution. The brief nature of the stop and search of the individuals does not make the process reasonable. The act of stopping a citizen in public and questioning and searching him or her no matter how long or short the engagement constitutes a search and as such requires reasonable suspicion. This interpretation is derived from the clear opinion of the Supreme Court stating that a person’s Fourth Amendment protections are not limited to the confines of one’s house, but can be expected as one walks the street or travels the road. Therefore, it is necessary for the United States Court of Appeals for the Second Circuit to affirm the judgment of the district court and guarantee the reformation...
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...its cover. However, in New York City, that was exactly the situation until three years ago. A Federal District Court ruled the city’s stop-and-frisk program unconstitutional and discriminatory in 2013. Plaintiffs in the case alleged the police were stopping people based on race. The data presented throughout the trial clearly showed a disproportionate number of African Americans and Hispanics – 83% of the stops – even though these two races only account for about half of the city’s population. Other damning statistics presented showed 88% of the people stopped were not found to be doing anything wrong. The purpose of “Policing the Police” is to inform the community of the stop-and-frisk program’s reform as a result of Floyd v. City of New York. Having been published in The New York Times, this article is available to the general public not only in the greater New York area, but also around the world thanks to the Internet. I anticipated this article to be somewhat biased and very opinionated, as it was written by the New York Times Editorial Board, but in reality, it was completely fact driven. “Policing the Police” outlines the changes that are upcoming as a result of the ruling for reform as well as the controversy that is brewing. There is clear guidance in what will be required of police officers moving forward with the stop-and-frisk program as well as providing the involved parties an explanation as to why the stop and possible frisk is occurring. A pilot program...
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...Scenario: Stop and Frisk Scenario 1: Police receive an anonymous tip that there is a white man, wearing a gray hoodie and black pants standing at the bus stop carrying a gun in his left jacket pocket. Officer Bob responds to the bus stop and observes the man as described. Question 1: Can Officer Bob conduct a stop and frisk based upon the dispatched information? Explain your answer Within the framework of stop and frisk a variety of factors must be assessed. First, does the police officer have a reasonable suspicion the person is going to commit a crime. Second does the police believe the person to have something on their person that would allow them to engage in a crime. In New York for example the stop and frisk rules are a bit lighter than in most states. A police officer in New York stop someone if they believe this person is going to engage in a Penal law misdemeanor (Matthews 2013). In Florida v. J.L the court ruled that if a person is believed to be carrying a gun be it the officer was told or reasonably believes it to be so the officer therefore has a right to search. For the sake of scenario the suspect is said to be carrying a gun from anonymous tip. This dynamic alone based on precedence allows for stop and frisk. So in this scenario the police has...
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...In the early 1990s, violent crime in New York City reached an all-time peak. In response to the record high murder rate of 2,245 in the year 1990, the New York Police Department (NYPD) admitted that “whatever we are doing to reduce violent -– especially handgun related – crimes is not working.” Local press reported that New Yorkers were “afraid to wear jewelry in public”, and “’some citizens reported sprinting to subway exits when train doors opened to avoid victimization” (Bellin, 2014, p. 1503). The NYPD decided to implement a proactive approach to policing and developed the practice of Stop, Question, and Frisk (Stop and Frisk), or “the lawful practice of temporarily detaining, questioning, and, at times, searching civilians on the street”...
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...An issue I deem that is a flaw in the criminal justice system is using racial profiling for the stop-and-frisk policy. Racial profiling is basically the use of race or ethnicity as grounds for suspecting someone of committing a crime or an offense. The stop-and-frisk policy is when a police officer stops someone he/she deems suspicious and frisking the person for something. One case that relates to this flaw in the criminal justice system would be the Floyd v. City of New York. The date that this case was filed was on January 31, 2008 by David Floyd, David Ourlicht, Lalit Clarkson and Deon Dennis. This case challenged the New York Police Department’s (NYPD) practices of racial profiling and seeing whether or not the stop and frisk policy...
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...versus Voice: Exploring the Effects of the Stop-and-Frisk Law on Black Citizens in Claudia Rankine’s Citizen: An American Lyric. In Citizen: An American Lyric, Claudia Rankine’s prose poetry sheds light on the racial aggressions...
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...Criminal Justice 207 Kwak The City That Became Safe Over the last ten years the United States has experienced a dramatic decrease in crime since the early 1990’s. New York, has maintained their remarkable drop in crime over the last twenty years in comparison. So it is only logical that criminologist would want to study this phenomenon to get to the root of its success. In “ The City That Became Safe” Zimring decides to go beyond New York’s surface success and find the causes in these decreases. Through his analysis of the New York’s constant decline in Zimring says: “We now know that life-threatening crime is not an incurable urban disease in the United States.” He takes the stance that improved policing strategies and systems explain New York’s constant decreasing in various area’s of crime. Dr. Zimring will further assert his stance through finding the causes of the decline and explain what else can be learned though criminological theories and crime control policy. As previously According to Zimring, New York’s decrease in serious crime is unprecedented among America’s biggest cities. In the 1990s the entire country experienced the largest documented crime decline of the twentieth century, in which the typical big city experienced approximately 35 to 40% reductions in felonies. But in most urban areas the downward trend ended around the year 2000. In contrast, Zimring notes that New York’s decline has so far lasted twice as long, and the average felony rate drop has...
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...search and seizure but what exactly does that mean? To understand, one must define right of privacy, search, seizure, arrest, and reasonableness and how each of these relates to stop and frisk, automotive search rules, and requirements regarding border and regulatory searches. Have you ever been stopped on the street or anywhere and frisked by a police officer? Individuals should be aware of the rules regarding such a situation. In the state of New York, the people, "Mayor Michael Bloomberg" (Wells 2013, p. 1) and the district court judge "Shira Scheindlin" (Wells 2013) argued about reforming the stop and frisk policy. The objective issues in improving system addressed after a stop and frisk case won by the arrestee. In the case involving the arrestee "David Ourlicht" (Whitaker, 2013, p. 1) claimed he was wrongfully stopped and frisked. The officer stopped and frisked the defendant because the object in his pocket resembled a gun. The attorney representing the defendant argued his constitutional rights, and the stop and frisk was unconstitutional. The environment of the Missouri cities, counties, suburbs, and rural area are subject to society socialization, private activity, and deviant behavior which may cause the proper authority to respond to the nature of the action the same as in New York City. Society plays a significant role to deter activity that may lead to an arrest. Every law enforcement jurisdiction has wrongful destructive activity of character in plain view sight...
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...New York’s Stop and Frisk Policy: Racial profiling or keeping the streets safe? Matdirch matkhafch dirha zina tal9aha zina; this isn’t a typo or my eyes crossed and I couldn’t see the keyboard properly. It is an old saying my parents had passed on down to me from their parents back home in Morocco. It means if you don’t do anything bad, you have nothing to be afraid of, and if you do good things then good things will come to you. It is the simplest way to explain why the stop and frisk policy shouldn’t be an issue. Unless of course you bring up the subject of race, which can heat up and ignite a fire of emotions on both ends of the spectrum. Unless your apart of the minorities that make up New York City, there is with little doubt you haven’t had to deal with prejudice and racial profiling. According to The New York Daily News, the black and Hispanic communities make up only 4.7% of the city’s population, yet in the year 2011 they made up 42% of the frisk stops. Even though you might not have enjoyed math or understood it, anyone could look at these numbers and become confused. Mayor Bloomberg also graciously added that 90% of the victims in the city were blacks and Hispanic (Cohen, Richard 1). Why he felt it was important to insinuate that although minorities make up the largest number for stops, they also are the largest portion of victims. Hmm, so that would be to assume that the minorities are just a problem in general with minority on minority crime? It is a highly debatable...
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...After reviewing the facts that was looked at, I agree with the decision that the courts had made. The cases that were being viewed the police was only conducting the stop search and frisk on certain people in the community( Buettner & Glaberson,2012 ). These cases made the police that was making the stops were making the case though racial profiling. The evidence in these case showed that the police would only stop a person bases on their minority. The police have been doing this a very long time the stop and frisk started in the early 1990’s but the reason that this was started to lower crime in high crime areas of the United States (Buettner & Glaberson,2012). This is going back to the 14th amendment the police or the government can’t...
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... Moments later Wilson drove past two young black males and ordered them to move off the street. After a second look, Wilson realized one of the young men matched the description of the stealing progress. Wilson radioed for backup and in little over minute and young man lay dead at the scene. He was unarmed. That young man was Michael Brown; the 18-year-old black boy who’s shooting this past summer sparked a major controversy and raised a lot of questions about Police Shootings in the U.S. and their undeniably pattern of racial issues. Currently young black males risk of being shot by police officers is 21 times more likely greater than young white males (Staples). Due to police tactics motivated by racial profiling, racially bias news and media that enhance minority stereotypes, United States law enforcement is targeting minorities that results in Police Shootings caused by racism. After Michael Brown’s tragic death, many realized that our country had seen similar circumstances like this before. A young, unarmed, black male shot dead, taking with him, the alternative perceptive of the incident in question. We are only left with shooters’ recollection of incident and possibly a few witnesses. It’s a story that we know all too well. Police shootings happen every day, but recent events begin to raise many questions; Of all these police shootings how many are black men? Who kills these young black men? Are all of the officers white? What is the cause...
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...Abstract 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 suspicion must be based with specific expressed facts and not on just an officer’s intuition or guess. The Stop and Frisk law balances crime control, protects an individual’s right, and prevents from unreasonable searches. This law is further implemented and proven in the Supreme Court case Terry v. Ohio where it was ruled that the search performed was in fact reasonable under the constitution and the fourth amendment. Introduction The Fourth Amendment states, “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place...
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