History of Racial Bias with New York Police Department Stop and Frisk Policy New York utilize constitutional laws to govern its state, they relied on constitutional guidelines, for example;
New York did not incorporate an express protection from unreasonable searches and seizures into the state constitution until 1938, relying instead upon Section 8 of the Civil Rights La. Section 12 of Article I of the State Constitution contains two paragraphs, the first identical to the Fourth Amendment and the second proscribing the unreasonable interception by the government of telephone and telegraphic communication. (Association of the Bar of the City of New York, n.d)
N.Y. C.P.L. Law § 140.50 was established in 1976. The C.P.L. § 140.50 allowed police …show more content…
Ohio. Terry v. Ohio was a, “case dealing with the constitutional limitations of police to stop and search individuals in street encounters” (Association of the Bar of the City of New York, n.d). Riots had taken over many states due to the assassination of Martin Luther King Jr. prior to the rule of Terry v. Ohio, leading “several states to pass statutes authorizing stop and frisk tactics, and the courts of other states recognized such authority under common law and state constitutional rubrics” (Dudley, 2012). “John W. Terry was stopped and searched by an officer after the officer observed him seemingly casing a store for a potential robbery. The officer approached him for questioning and decided to search him first” (Case Brief, 2015). Terry v. Ohio coined the term Terry Stops or Terry stops and frisks. The Supreme Court ruled that “police officers who do not possess probable cause to arrest may nonetheless forcibly stop and question a person in a public place if they possess a reasonable suspicion that criminal activity may be afoot” (US Supreme Court, n.d). Officers were also granted the right to perform a frisk for officer safety. A frisk is a “quick patting down the clothes of a possible criminal suspect to determine if there is a concealed weapon. This police action is generally considered legal without a search warrant” (Hill G., …show more content…
The case of People v. De Bour, created legal procedures.
The De Bour guidelines apply only to police engaged in their criminal law enforcement duties. In conducting a De Bour analysis, the court first considers whether the police action is justified “in its inception,” and, second, “whether or nt it was reasonably related in scope to the circumstances which rendered its initiation permissible”. (Association of the Bar of the City of New York, n.d) Mayor Michael Bloomberg received a large amount of criticism for the increased growth in the use of the stop and frisk procedures. With the increased use of this policy Mayor Bloomberg had, “nearly five million stops a huge increase from its prior use” ((Association of the Bar of the City of New York, n.d). Mayor Bloomberg and Police Commissioner Raymond Kelly both felt the stop and frisk policy played a key role in the cities effort to reduce violent crime, reducing guns in the community and refining the areas greatest effected by violence. The city saw a decrease in crime, but there is no statistical data that show the stop and frisk policy was effective in reducing crime over other public policy designed to reduce crime. Policies such as, broken windows a policy designed to, “aggressively police
New York did not incorporate an express protection from unreasonable searches and seizures into the state constitution until 1938, relying instead upon Section 8 of the Civil Rights La. Section 12 of Article I of the State Constitution contains two paragraphs, the first identical to the Fourth Amendment and the second proscribing the unreasonable interception by the government of telephone and telegraphic communication. (Association of the Bar of the City of New York, n.d)
N.Y. C.P.L. Law § 140.50 was established in 1976. The C.P.L. § 140.50 allowed police …show more content…
Ohio. Terry v. Ohio was a, “case dealing with the constitutional limitations of police to stop and search individuals in street encounters” (Association of the Bar of the City of New York, n.d). Riots had taken over many states due to the assassination of Martin Luther King Jr. prior to the rule of Terry v. Ohio, leading “several states to pass statutes authorizing stop and frisk tactics, and the courts of other states recognized such authority under common law and state constitutional rubrics” (Dudley, 2012). “John W. Terry was stopped and searched by an officer after the officer observed him seemingly casing a store for a potential robbery. The officer approached him for questioning and decided to search him first” (Case Brief, 2015). Terry v. Ohio coined the term Terry Stops or Terry stops and frisks. The Supreme Court ruled that “police officers who do not possess probable cause to arrest may nonetheless forcibly stop and question a person in a public place if they possess a reasonable suspicion that criminal activity may be afoot” (US Supreme Court, n.d). Officers were also granted the right to perform a frisk for officer safety. A frisk is a “quick patting down the clothes of a possible criminal suspect to determine if there is a concealed weapon. This police action is generally considered legal without a search warrant” (Hill G., …show more content…
The case of People v. De Bour, created legal procedures.
The De Bour guidelines apply only to police engaged in their criminal law enforcement duties. In conducting a De Bour analysis, the court first considers whether the police action is justified “in its inception,” and, second, “whether or nt it was reasonably related in scope to the circumstances which rendered its initiation permissible”. (Association of the Bar of the City of New York, n.d) Mayor Michael Bloomberg received a large amount of criticism for the increased growth in the use of the stop and frisk procedures. With the increased use of this policy Mayor Bloomberg had, “nearly five million stops a huge increase from its prior use” ((Association of the Bar of the City of New York, n.d). Mayor Bloomberg and Police Commissioner Raymond Kelly both felt the stop and frisk policy played a key role in the cities effort to reduce violent crime, reducing guns in the community and refining the areas greatest effected by violence. The city saw a decrease in crime, but there is no statistical data that show the stop and frisk policy was effective in reducing crime over other public policy designed to reduce crime. Policies such as, broken windows a policy designed to, “aggressively police