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David Floyd was the lead plaintiff amongst others, Lalit Clarkson, Deon Dennis, and David Ourlicht in the 2013 New York City Police Department (NYPD) Stop and Frisk lawsuit. Floyd claimed that on February 27, 2008, he was walking on the path nearby to his house in the Bronx, New York. He encountered the basement tenant, also an African–American man, locked out of his apartment. Before they could open the door, three NYPD officers approached them and asked the two men what they were doing, told them to stop, and proceeded to frisk them. The officers claimed they had stopped Floyd because they believed Floyd was attempting a burglary.
The case of Terry v. Ohio tests the limitations of the fourth amendment. On October 31st, 1963, three men were acting suspicious on the streets of Ohio. A police officer noticed three men walking back and forth and peering into a store as if they were planning to rob it. They continued doing so and ended up meeting with another person. At that point, officer McFadden approached to stop and frisk for any weapons or drugs.
Warrantless searches and seizures conducted outside the judicial process are per se unreasonable, absent an established exception. (Minnesota v. Dickerson (1993) 508 U.S. 366.) Officers may temporarily detain an individual to conduct an investigatory stop for the purposes of investigating a criminal offense without a warrant. (Terry v. Ohio (1968) 392 U.S. 27.) Nonetheless, a warrantless investigatory stop constitutes a seizure under the Fourth Amendment.
News reporters and media outlets frequently paint a picture that portrays the decrease in crime due to an increase in stop-and-frisk procedures. According to Evans and Williams (2015), those who agree with stop-and-frisk feel that this policy helps police officers to prevent crime from occurring. Many believe that it is drastically decreasing the amount of illegal firearms, therefore making cities safer. However, this is not the case as many often perceive it. According to the New York Civil Liberties Union (2012), on average less than one of every 800 stop-and-frisk scenarios resulted in the confiscation of a firearm.
Second problem with his argument is that it is unjustified. For example the law ‘Stop and Frisk’ “Judge Rules NYPD Stop and Frisk Practices Unconstitutional, Racially Discriminatory. August 12, 2013, New York – In a landmark decision, a federal court found the New York City Police Department 's highly controversial stop-and-frisk practices unconstitutional. Judge Shira Scheindlin found the NYPD’s practices to violate New Yorkers’ Fourth Amendment rights to be free from unreasonable searches and seizures and also found that the practices were racially discriminatory in violation of the Equal Protection Clause of the Fourteenth Amendment.”
The act of “Stop and Frisk” began in the early 1900’s when crime rates began to escalate in major cities such as New York, Chicago, and Philadelphia. Stop, question, and frisk, or SQF, is an urban policing measure that involves the large-scale deployment of officers in public spaces (e.g., sidewalks, alleys, the communal outdoor spaces of public housing) tasked with conducting frequent investigative stops (Huq, A. Z. (2017). In the articles provided, it is questioned whether New York’s stop and frisk policy is constitutional or not. I agree with the court's ruling, I believe Judge Scheindlin seemed too involved. “Judge Shira A. Scheindlin, the appeals court said, jeopardized "the appearance of partiality ... by a series of media interviews and public statements purporting to respond publicly to criticism of the District Court”
An officer has the right to stop an individual in public if he has a reasonable doubt of suspicion to temporary stop and frisks the individual. The statistic has shown that many officers have targeted the minorities in the stop and frisk. According to An Analysis of the NYPD 's stop and frisk policy in the context of the claim of racial bias by Andrew Gelman, Jeffrey Fagan, Alex Kiss " the number of arrests of each group in the previous year black were stopped 23% and Hispanics 39% more often than whites"(19). Minorities are stopped twice as often for violent crimes and a
Not to mention all the undocumented people that feel oppressed by officers and scared to talk back to them with a “no”. In chapter two, the author presents a section titled Just Say No. In this section the author illustrates a time where two police officers stopped a bus to search for drugs. Police officers never warned individuals that they had the right to remain silent and, therefore, minorities were trapped and found guilty for carrying drugs. In addition, the book discusses the Florida vs Botsick case that states that people have the right to refuse answering the police.
Stop Injustice, End "Stop and Frisk" Do you want to feel discriminated against? No? If you do not want to feel discriminated against then stop "stop and frisk". "Stop and frisk" is a law that caused much trouble for the people of the United States and the people of planet earth. This law allows police and officers to stop blameless people and frisk them.
Ever since the 1960 's the justice system has been under construction because of the innovative precedents. There has been a constant debate about the justification of the people and how police conduct has an impact. the framework of the fourth amendment will give a better understanding on how the fourth amendment is used. "The right of the people to be secure in their persons, house, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issue, but apon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or thing to be seized (U.S Const,. amend IV).
Policies for specific states can vary. Kentucky has a policy against Racial Profiling. Their policy states that no state law enforcement agency or official shall stop, detain, or search any person when such action is solely motivated by consideration of race, color, or ethnicity, and the action would constitute a violation of the civil rights of the person (Kentucky General Assembly, 2010). They also gave the local law enforcement agencies a chance to modify the policy and get it approved.
A controversial issue facing the United States is the creation and use of Stand Your Ground laws. Stand Your Ground laws allow those who fear they are in imminent danger to use deadly force in self-defense to protect themselves, their property, and others without having to first retreat. 33 states in the U.S. have adopted Stand Your Ground laws following its creation in Florida in 2005, and with it, a major debate has arisen. People who are in favor of the laws believe that they allow citizens to fully protect their property and themselves from possible danger without having to fear prosecution. Those who are not in favor believe that the laws have led to an increase in unnecessary violence and wrongful deaths, along with causing other issues in the country.
There has been many controversial issues about the “stop-and-frisk” law. One side believes that it is racially profiling the communities of minorities and the other side believes that it is helping communities rise away from violence. There is a lot of history and background on stop-and-frisk and how it originated in the United States, especially in different places around the world. This law has been very controversial even within the law itself, so controversial states are debating on getting rid of it completely. Many politicians speak on this tactic in both positive and negative ways and the statistical growths and decreases on this topic.
However, a stricter regulation on gun control will not ensure people’s safety as gun control not only regulates aspects related to guns, but it also regulates a person’s ability to defend themselves. In a survey conducted by the Pew Research Center, 49% of the people stated hunting as main purpose for owning a gun while 26% stated protection; however, in 2013 when the survey was re-conducted, the reasons changed as 48% of the people stated protection as the main reason why they would own guns rather than hunting, which was at 32% (“Why Own a Gun? Protection Is Now Top Reason”). Additionally, how can the government regulate the purchase of weapons from illegal trade/black markets, a resource criminal often uses to gain weapons? Therefore, gun-violence prevention must be sought through alternative means such as using metal detectors in schools like those placed in airports.
Throughout history, disputes and tensions between law enforcement officials and communities of minorities have endured hostility and violence between each other. Racial profiling has become a “hot topic” for researchers as well as for politicians and by now it is likely that most citizens are at least aware of the common accusations of racial bias pitted against law enforcement (Cochran & Warren, 2013). Communities of color are being discriminated against and racially profiled by white police officers for any suspicion of criminal activities. It has been widely assumed by policy makers and citizens alike that allegations of racial profiling are mostly associated with the policing practices of white officers and their treatment of racial and ethnic minorities (Cochran & Warren, 2013). Also, individuals of minority descent will certainly recognize that they are being racially profiled during a stop that is being conducted by a white police officer.
