Stop And Frisk Research Paper

Stop and Frisk states that police is able to stop and search someone based on a suspicion that this person is involved in criminal activity. The 4th amendment states that police is allowed to search someone if they have the reasonable believe that this person is committing, has committed or is going to commit a crime. This search consists of a quick pat down of the outer clothing. Stop and Frisk started with the Terry vs. Ohio case, in 1976, in which a police officer suspected three men of being about to commit a crime. The officer pointed his gun at them in order to search them. One of the men named John Terry argued that the police officer did not have enough reasonable evidence to search then, despite the fact that 2 weapons were found on …show more content…
The Exclusionary Rule was created by the Supreme Court in 1914 and extended to state courts in 1961 (Powerpoint). Originally this rule had three main purpose; to protect citizens from intentional or unintentional wrongdoings by the police, to prevent police from misconduct, and to maintain judicial integrity (powerpoint). One example would be the case Mapp vs Ohio. Police suspected Mapp to be a bomber. They forced their way into the house and searched his home. This search eventually uncovered a different offense. Since the police did not have a reasonable suspicion that Mapp was committing this crime that he eventually was charged for, the Supreme Court later reversed this decision. One law that can over rule the Exclusionary rule is the Good faith Rule. If a search is conducted without knowingly breaking the law, the evidence found may still be used in …show more content…
One component is the protection against excessive bail and fines. This is the second Bill of Rights guarantee that has not been extended to the states (powerpoint). If bail is granted or not depends on different factors such as the nature of the crime, the evidence that has been collected as well as, if the defendant is able to pay his/her bail. The most important factor, however, is the seriousness of the offense. Judges are not allowed to give a unreasonable amount of fines or bail. Another component of the eight amendment is the protection abasing cruel and unusual punishment. Due to many cruel and unusual procedures and punishments, practiced the Supreme Court interpreted "Cruel and Unusual Punishment“. Punishments that were illegal included torture,inhumane treatment and unfair death penalties. Another component is protecting the accused from Miscarriages of Justice. Unfortunately it often happens that people who did not commit the crime are still doing the time for it. The component of the 8th amendment is supposed to help in situations like this. Wrongful convictions often happen when the police or prosecution has made a mistake or there was an eyewitness misidentification. Unfortunately many also plead guilty despite being insolent due to the pressure, they eventually end up taking the plea bargains. A study