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Where there was no probable cause to arrest Hayes, no consent to go to the police station, and no prior judicial authorization for detaining him, the investigative detention at the station for fingerprinting purposes violated Hayes rights under the Fourth Amendment, as made applicable to the States by the Fourteenth Amendment. Reasoning: The police without a warrant or probable cause removed a subject from his home and transported him to the police station, where he was not free to go, although he was there briefly for questioning, In addition fingerprinted him.
In addition, after analyzing public opinions on stop-and-frisk, it was found that many are under the impression that stop-and-frisk
The Fourth Amendment was formally sanctioned in 1791 as a direct response to the Writs of Assistance. These were search warrants issued by courts to assist the British government in enforcing trade and navigation laws. The warrants authorized officers to search any house for smuggled goods without specifying either the house or the goods. The Fourth Amendment was proposed to stop this and 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.” In laymen terms, this amendment prevented officers to search people’s property without their consent, or the approval of a judge.
The safety of the community is crucial and attempting to deam stop and frisk as unconstitutional limits law enforcement. There is much controversy on how it can target a certain group or race but I believe the goal of any police is to deter crime when implementing stop and frisk. I believe stop and frisk can help reduce crimes and eliminate potential crime in a city, neighborhood, or street. Boyette, C., & Martinez, M. (2013).
Even though the Stop and Frisk program was a highly controversial law, a revised version of it should be implemented in every major city that suffers from high crime rates. The majority of people wanted the program to continue because it worked very well in NYC and It drastically reduced the number of murders and major crime in the city. First, In this essay, I will elaborate on what I mean by “a revised version” of the Stop and Frisk program, address the arguments made against the law, and then show you my argument for the program and the good it brought to the city of NYC and the good it can bring to other cities in America. First off, what was the Stop and Frisk program? The Stop and Frisk program is the practice of detaining, questioning
Summary Of Argument, Methods: In 1968, stop and frisk was based on strict guidelines that explained how far an officer can frisk someone according to the Fourth and Fourteenth Amendments. Behind the police officers’ stop and frisks, the strategies of broken windows policing and the zero-tolerance policy were introduced. Broken windows theory began in New York during the year of 1982, and former Mayor Giuliani of New York created zero-tolerance policy in 1997. Broken windows was a known policing strategy throughout all departments in the nation.
So, then the officer will go and ask them questions and then feel around the person’s outer garments such as pants, waist, by the sock area, jacket (if worn at time) only to check for a concealed weapon and/or contraband. Never should the officer go inside the person’s pockets, shoe, or their pants. Stop and frisk is one of the most controversial police procedures that there are. This is a limited search that should only be performed when an officer has reasonable suspicions on a suspect. The American courts adopted stop and frisk from the British command
"Stop and frisk" should stop because innocent people are getting blamed because of harmful people 's action. In the article " 'Stop and Frisk ' Myth Busters," research shows, "Nine out of ten people
The use of racial profiling has caused major issues and has had a huge impact among our nation. This has influenced a lot of hate and killing towards different type of race, religion, etc. groups. Law enforcement has become ineffective due to racial profiling. Statistics have shown some situations of racial profiling.
Schools having random locker searches is unreasonably and unfair to the students! Schools shouldn’t do locker searches because they could be implying that students are untrustworthy, but not only are they indicating that, locker searches may make the students have lack of trust. If you search their locker randomly and they have personal matters such as photos or letters that they hide in there and you look at it, they would feel less comfortable and not trust you. It would make the student be distant and won't have a bond with their teacher,administrator and/or peers. Students’ lack of trust can also create other issues.
For the past couple years there has been many injustice cases involving poor accusations of innocent victims. These poor accusations of innocent victims include shootings of innocent African Americans. One way to avoid these problems is the use of body cams. These tiny cameras have saved a Police Officer 's job, justified an innocent victim, and even has saved a person 's life. Recently Police Departments have been using these such body cameras and have seen significant results.
Stop and Frisk Stop and Frisk, the tactic that has been going on for only for short time, yet there seems to be racial tension already. But is this new information actually true or is it just good policing? According to Heather Mac Donald from the Manhattan Institute, says “what looks like racial profiling might just be good policing”. However according to Ranjana Natarajan from the Washington post “it’s clear that two issues need to be addressed: racial profiling and police use of excessive force.” Unfortunately we cannot have both ways.
The Fourth Amendment states that, “the rights 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.” This means that citizens of the United States of America are entitled to privacy and freedom from the government. With most things, there are limits set out to that privacy. Police officers can search your premises, which includes your car and your property. They can do this to look for and seize stolen materials, evidence of a crime, and illegal items such as: drugs, weed, or any illegal substance.
Racial profiling is a very important issue that individuals in society face every day. This problem occurs in low income or poverty-stricken areas throughout cities and communities across the nation. Hundreds of anecdotal testimonials allege that law enforcement officials at all levels of government are infringing upon the constitutional rights and civil liberties of racial and ethnic minorities through a practice called “racial profiling” (Ward, 2002). So what is racial profiling? According to the National Institute of Justice, racial profiling by law enforcement is commonly defined as a practice that targets people for suspicion of crime based on their race, ethnicity, religion or national origin (National Institute of Justice, 2013).
Everyday Police officers are serving our nation, state, county, and city. Their duty is to help product and to provide a safe environment to the community. Often officer face dangerous scenarios and are at risk everyday. Depending on where an officer works, will usually determine how much he/she is paid and what they do on a daily basis. Well a question that often arises, should law enforcement officers be paid higher wages, because of what they do for the community?