Stop & Frisk Policy? Racist or not?

Topics: Police, Fourth Amendment to the United States Constitution, Police officer Pages: 6 (2310 words) Published: February 19, 2014
The famous and controversial police practice known as the stop and frisk started on the last sixties. It was known national wide when the case Terry v. Ohio was presented this case was argued on December 12, 1967 it all started when Cleveland detective McFadden was on patrol on a foot post where he noticed the petitioner John W. Terry and another men known as Chilton were acting suspiciously on a street corner the detective noticed both men looking into a store multiple times with an interest to do something, then another men known as Katz showed up to the scene all three men joined and where walking around the store, that's when detective McFadden approached and identified himself as a police officer he started to ask them simple questions like whats your name. The petitioner and the two men were acting nervous that's when detective McFadden grabs John W. Terry turns him around and started to pat his outer garment as he continued to pat down John W. Terry he noticed something but was not able to remove it that is when he tells the three men to enter the store, the detective then ordered the petitioner to take of his coat that is when detective McFadden removed the gun from him he arrested him and ordered Chilton and Katz to get up against the wall with their hands up so he can pat them down as well he captured a gun from Chilton, the detective did not feel anything while patting Katz outer garment so he had no reason to order Katz to take of his coat. The three men John W. Terry Chilton, and Katz were taken to the police station where both men who had guns on them were charged with carrying concealed weapons. John W. Terry then filed a lawsuit on the city of Ohio his defense attorney asked for the gun not to be admissible during the trial but the judge in charge of the case found no need to remove the valuable evidence because the detective had followed all the right regulations when it came to stop and frisk the detective had reasonable suspicion to stop the three men due to their strange behavior. The United States Supreme Court had said "that it is a reasonable search when an officer performs a quick seizure and a limited search for weapons on a person that the officer reasonably believes could be armed. A typical beat officer would be unduly burdened by being prohibited from searching individuals that the officer suspects to be armed" (Case Briefs, Bloomberg Law (2013). As the trail continued, the two men were found guilty of carrying concealed weapons. This NYPD practices has been controversial because it mostly targets 84% of African Americans and Hispanics that have been stopped and frisked most of them are innocent. The NYPD stop and frisk practice is handled by police officers who have probable cause to stop, question and frisk an individual but many say that this is racial profiling just cause they see someone dressed inappropriate they do not have the right for example teens who are sagging there pants, being in a big group of people would probably mean they are gang related on the eye of the officer which would give the officer more probable cause to stop, question and frisk them. This practice has been going on for several years but now with technology especially smart phones, people are starting to record and report each stop and frisk practice that they believe is made from bad judgment, there have been protests against this NYPD practice but there are also people so agree with this practice and believe the NYPD is doing a good job. The commissioner Raymond Kelly believes that this NYPD stop and frisk practice is saving lives by taking guns out the streets and locking up the criminals but on August 12, 2013 judge Shira Sheindlin ruled the stop and frisk is unconstitutional because it is against people fourth amendment right which is "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...
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