Preview

Stop And Frisk Case Study

Good Essays
Open Document
Open Document
2011 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Stop And Frisk Case Study
“Stop, question, and frisk” is a controversial practice that was used by the New York City Police Department, where a police officer would stop any person acting suspicious, the police officer would question them and if they felt that it rose to the level of reasonable suspicion; they would frisk them for weapons and other contraband. In other states it is known as the Terry stop. Stop-and-frisk was a useful tactic for the NYPD because statistics show that violent crime dropped while this procedure was in place. In 1972, The Supreme Court heard the case of Terry vs. Ohio. Terry vs. Ohio is a well-known case involving stop-and-frisk. In the summer of 1968, Officer Martin McFadden noticed two men acting suspiciously, on a street in front of several stores. Officer McFadden had noticed the men walking back and forth on the same street and each …show more content…
He defends the policy of stop-and-frisk and tries to explain why it is one of the reasons New York City is the safest big city in America. Kelly was planning on defending his views on the situation when he was dropped as a defendant in the stop-and-frisk case. Mayor Bloomberg was dropped as a defendant as well. Kelly devoted a whole chapter to stop-and-frisk in his memoir, “Vigilance: My Life Serving America and Protecting Its Empire City.” In the book he defends stop-and-frisk on the issue of race, Kelly writes,

“Was it really plausible that the most diverse police department on earth, with officers hailing from 106 different countries and representing every imaginable race, would engage in a massive conspiracy to conduct street stops to deny minorities their Constitutional rights?...In fact, we had done exactly what we said we were doing. We went where the crime was, whatever color the perpetrators turned out to be.” (Vigilance: My Life Serving America and Protecting Its Empire

You May Also Find These Documents Helpful

  • Best Essays

    Bowling, B. and Phillips C., (2007) “Disproportionate and Discriminatory: Reviewing the Evidence on Police Stop and Search”. Modern Law Review. 70(6)…

    • 4485 Words
    • 18 Pages
    Best Essays
  • Satisfactory Essays

    Terry V. Ohio Case Study

    • 256 Words
    • 2 Pages

    In 1963, a Cleveland detective observed three gentlemen hanging out in front of a store and their behavior was somewhat suspicious. The detective suspected that the two gentlemen were planning to rob the store, so he decided to conduct a pat-down Terry and discovered a revolver in his coat. Subsequently, Terry was charged with carrying a concealed weapon and later found guilty. The petitioner claimed that "stop and frisk" constituted an unreasonable search and seizure. In 1968, the Supreme Court established the standard for allowing police officers to perform a stop and frisk of a suspect in Terry v. Ohio case. Furthermore, a stop and frisk is detaining a person by law enforcement officer for the purpose of an investigation, accompanied by…

    • 256 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Terry V. Ohio Case Study

    • 437 Words
    • 2 Pages

    The Terry v. Ohio case took place on December 12th of 1976. The case was filed by John Terry who claimed that his arrest resulted from an invasion of his privacy. Terry believed that Officer McFadden violated his 4th Amendment rights, which protect citizens of the United States from unlawful searches and seizures conducted by police officers or law enforcement agents.…

    • 437 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The case had changed the precedent that was set in the Terry v. Ohio case.…

    • 872 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In April of 2007 an African American man studying to be a doctor, is stopped and frisked by three New York City Police Officers. The man, 33 year old David Floyd said he was not doing anything suspicious. This is the now famous case of Floyd v City of New York which challenged stop and frisks as discriminatory and unconstitutional. The judge ruled stop and frisk cases like Floyd vs New York are discriminatory and police tactics like this must be reformed. Because not only are people being treated unfairly, they become labeled as criminals and often go on to live up to that kind of expectation.…

    • 616 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In Canada the two main tactics used by police officers everyday are, carding and investigative detention. Carding, also referred to as street checks is when an officer approaches pedestrians and asks for their identification. Investigative detention is if the police have reasonable grounds they have the right to detain people to investigate. In Morton's chapter he discusses the uprising issue the public has with these tactics. The key legal issues Morton talks about is how the tactics that the police use are possibly violating the charter rights. Morton describes two scenarios in which individuals were carded, in the first scenario a young female and older male were both stopped and carded in a shopping mall. The shopping mall that they were located in has previous…

    • 582 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Terry Stop Case Study

    • 2397 Words
    • 10 Pages

    A "Terry Stop" is a stop of a person by law enforcement officers based upon "reasonable suspicion" that a person may have been engaged in criminal activity, whereas an arrest requires "probable cause" that a suspect committed a criminal offense. The name comes from the standards established in a 1968 case, Terry v. Ohio, 392 U.S.1. The issue in the case was whether police should be able to detain a person and subject him to a limited search for weapons without probable cause for arrest. The court held that police may conduct a limited search of a person for weapons that could endanger the officer or those nearby, even in the absence of probable cause for arrest and any weapons seized may be introduced in evidence. When a police officer observes…

    • 2397 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    Stop Frisk Case Study

    • 510 Words
    • 3 Pages

    I want to speak and elaborate on stop frisk on both parties perception. Both parties I mean as is the police and also the people, I am going to explain the pros, cons and factual and how this could be effective plus how it could be a hassle as well.…

    • 510 Words
    • 3 Pages
    Good Essays
  • Good Essays

    CJ 101 4th Amendment

    • 476 Words
    • 2 Pages

    To understand the impact of Terry v. Ohio, I feel it is important to first review the Fourth Amendment. The Fourth Amendment was established so citizens would not have to suffer unreasonable search and seizures like they did under British Rule. The 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 to be searched, and the persons or things to be seized.…

    • 476 Words
    • 2 Pages
    Good Essays
  • Better Essays

    1In 2002, New Yorkers were stopped by the police 97,296 times. 80,176, or 82 percent, were innocent. That means that out of 10 people stopped, about 8 were not just innocent, but were being unreasonably harassed by a figure of authority that could probably be assisting in a more exigent situation. In 2010, those numbers skyrocketed to 601,285 people stopped. Of those stopped, 518,849, or 88%, were found to be innocent. The shocking thing about this is the demographics of those stopped. 315,083, or 54%, were black, 189,326, or 33%, were Hispanic, while only 54,810 or 9%, were white. Despite the fact that there are 3,646,109 white people living in New York City in 2010 (44.6% of the NYC population for 2010), only 9%…

    • 1516 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    In an effort to maximize an individuals rights during search and seizures along with stop-and-frisks, the United States government has developed numerous laws and amendments. The Fourth Amendment states, The right of 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 to be searched , and the persons or things to be seized (U.S. Constitution). This amendment was first used in the court system in the case of Terry vs. Ohio (1968). This case was the case that shaped the stop-and-frisk laws that are found in our country today. In 1942 legislators started to authorize stops-and-frisks on less than probable cause under the Uniform Arrest Act. This act gave an officer the right stop a person in public based upon reasonable ground to suspect that the person is committing has committed, or is about to commit a crime, and then search him for a dangerous weapon if the officer has reasonable ground to believe that he is in danger (Whitebread, 2000). In 1968 the Supreme Court addressed the issue in terry v. ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889. In Terry an experienced plainclothes officer observed three men acting suspiciously; they were walking back and forth on a street and peering into a particular store window. The officer concluded that the men were preparing to rob a nearby store and approached them. He identified himself as a police officer and asked for their names. Unsatisfied with their responses, he then subjected one of the men to a frisk, which produced a gun for which the suspect…

    • 372 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Stop Frisk

    • 1682 Words
    • 4 Pages

    In defense of the “Stop and Frisk “policy and proclaiming that it works is evident. People often know New York City for its skyscrapers, broadways shows, and being the birthplace of hip hop. However many people did not know that New York was one of the most dangerous cities in the United States in the 80’s and 90’s decades. The city that never sleeps houses approximately 8,336,697 people. Over 50 percent of the people living in the city are either Black or Hispanic. In attempts to keep the crime rates down Commissioner Raymond Kelly is continuing to practice the Policy of “Stop and Frisk.” It is very difficult for a police officer to pinpoint whether someone is a bad guy or not. The “Stop and Frisk “policy was not established to target black and Hispanics but to target high crime areas in the city. The Commissioner also stated that the program has been effective because there was a 29 percent drop…

    • 1682 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    stop and frisk

    • 756 Words
    • 4 Pages

    In America there have been multiple tyrannical actions that the government have used on citizens and innocent bystanders. One of these actions are called “Stop and Frisk” which is a prevalent tactic used, especially in New York. “Stop and Frisk” means to be randomly searched by police or high authority when they suspect a bystander is carrying something suspicious. “Stop and Frisk” is a political issue that has been a concern for a long period of time. According to the articles “Growing up with Stop and Frisk” by Sara Maria Glanowski and “Why Stop and Frisk Matters, Even if You Don’t Live in New York” by Andrew Cohen, the cons towards “Stop and Frisk” is clearly stated and relevant. People are being stopped based off racial profiling, while statistics proves that majority of the time, they are innocent. Stop and Frisk must be impermissible and abolished because it is unconstitutional and individuals are stopped based off appearance and not on evidence that proves there guilty.…

    • 756 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Police Carding Essay

    • 1248 Words
    • 5 Pages

    Carding is the practice in which the police gather contact cards through random police checks in an attempt to collect information about individuals that are stopped and questioned. This information is stored in a program that helps the police identify individuals who are suspected of criminal activity by referring back to their whereabouts, who they were accompanied by, and personal information at the time they were carded. Many Torontonians are familiar with this practice as they have personally been involved in the process, witnessed it in their communities or learned about it through media’s increased coverage of the practice. Recently the Toronto Police has come under a lot of scrutiny over allegations of racial profiling, primarily of…

    • 1248 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Discrimination In America

    • 1122 Words
    • 5 Pages

    ‘In New York City 80% of the NYPD stop checks were of blacks and Latinos’ (Quigley). It is more common for African Americans to be checked, by making them lay flat on to the ground, in comparison to any other group in USA. Moreover, the fear of police shooting have made African Americans parents so much afraid of the police that they train their children’s to not stir during a police check and to slowly access driving documents while the hands still raised up. Still African Americans form biggest segment of population killed during police checks and most of the time the person killed is unarmed highlighting the injustice resulting from bias attitude of policemen against African Americans. ‘Therefore, the ferocious afro, the wearing of beads, teeth, fetish necklaces and the like always define a militant black radical. It is no matter that these outer camouflages for the black ego and devotion to retrospective glory are no more than a ghetto fashion. These are the stigmata of the enemy to the police’ (Wright). The 7:1 ratio of African Americans to white shot and killed by police that prevailed in the 1960s and 1970s clearly reflected racial discrimination by the police while during the 1990s this ratio was 3:1 (Samuel…

    • 1122 Words
    • 5 Pages
    Good Essays