The officer was trying to figure out if it is the combination of the facts and his understanding of the relevant law. In this case, the officer probably reasonably mistaken and this could be because of lack knowledge of the officer about the state law. There is no reason, under the text of the Fourth Amendment or our precedents, why this same result should be acceptable when reached by way of a reasonable mistake of fact, but not when reached by way of a similarly reasonable mistake of law (Washington Post, Par.…
In particular the question arises if it is a violation of “Stop and Frisk” under the Fourth Amendment based on the suspicions of the officer at the time of the immediate contact with the petitioner. The issue specifically refers to whether the officer in this case had the right to “Stop and Frisk” the subject without probable cause based on the observations of the officer and recovered dangerous weapons from the subjects…
Eric Garner, an unarmed 43-year-old African-American male, was choked to death on July 17, 2014, by an NYPD police officer after being arrested for selling untaxed cigarettes. Many news reports including NY Daily News stated that Eric Garner yelled “I can’t breathe”, repeatedly after at least 5 NYPD officers took him down in front of a Tompkinsville beauty supply store when he recoiled at being handcuffed. Within only a few moments Garner stopped struggling and appeared unconscious as police called paramedics to the scene. The Department of Justice posted a statement from the Attorney General Holder regarding the investigation on December 3rd, 2014. In the statement, the Attorney General stated that the local investigation concluded that they grand jury declined to return a formal accusation in the case, so the Justice Department would proceed with a federal civil rights investigation.…
However if the officer had pulled these individuals over soley based on the color of their skin, he would not be able to search and seize the individuals. The fourth amendment forbids an officer to search and seize soley on the basis of race, and if the officer had racially profiled the individuals then they could have filed a motion to suppress. However, the officer acted within the scope of the seizure by having legitimate interest and suspicions. The Fourth Amendment clearly states that an officer may search the person arrested, those in plain view of the officer and the accused, and things or places that the acussed person can touch, or that is otherwise in their immediate personal control without a warrant as long as there is legitimate reasoning and it is not an unreasonable search.…
A Chicago officer who shot and killed a 19 year old suspect is suing (via counterclaim) the decedent's estate for trauma. The officer claims that the suspect assaulted him with a baseball bat during the confrontation. It is claimed by the officer that he suffered deeply from the traumatic experience of having the baseball bat nearly miss his head when swung by the suspect. In fact, the officer alleges that the suspect tried to hit him twice, nearly missing on each occasion. Although what happened during the confrontation has been subject to different interpretations, one things is clear: the officer used deadly force to stop the suspect.…
The frisk was legal because the cop had reason to believe the defendant had a weapon. But once the cop saw that the defendant was unarmed the search should have stopped. By not doing so and continuing the cop violated the defendant’s fourth amendment rights. He did not have probable cause which is needed to do a full search. The case was dismissed due to the evidence being suppressed because of…
racially profiled has a big effect on the minority community and also the policing community as well. Being a victim of racial profiling hinders the minority communities. It also loses the trust of police officers. When you get pulled over for a minor traffic infraction or just nothing at all the black community calls that driving while black. After you get pulled over the officer will try to find any little thing to keep you there and find reasonable suspicion to search you and your car.…
Hello this is the wonderful Kameron Garner, born and raised in the great State of Texas. Kameron was a wrestler up until his senior year. Reason being is that he tore his shoulder his freshman year and was having difficulty with the navy because of it .Why should I take anymore career threatening risks being this young?…
There was a bystander who recorded the officer who tried to arrest Garner. The bystander claimed that he had witnessed Garner trying to break up a fight before he was approached and questioned by the law enforcement officer. When Garner disputed the officer’s claims, things got physical and the officer put Garner in a chokehold. The NYPD bans chokeholds, but that didn’t stop the officer from performing one as well as several others who helped hold him down. In the video, it was evident that Eric Garner kept repeating that he couldn’t breathe.…
Riots have ensued because of court’s ruling in the officer’s favor when they shouldn’t have. Officers, such as Betty Shelby, Ray Tensing and Daniel Pantaleo, were let go of all charges because of their status. Daniel Pantaleo was a NYCPD officer who held Eric Garner in a chokehold, which later lead to his death in 2014. Pantaleo was not charged with murder or even manslaughter. Betty Shelby was an officer in Tulsa, Oklahoma and he killed Terence Crutcher in 2016.…
The officer who shot the 18 year old unarmed victim Michael Brown, was charged with the crime that was committed by shooting at the unarmed victim. According to a scholar website Scholarship.law.upenn.edu, claims how stop and frisk practices give out no attention without the conduct of legal justification, causing “independent racial profiling concerns” (Scholarship.law.upenn.edu., 2001). Also according to an article, Whren’s Flawed Assumptions Regarding Race, History, and Unconscious Bias, by William M. Carter, states that “pretextual searches and seizures conduct in limitations on the ability of people of color by giving law enforcement officials a widespread of discretion to utilize pretextual stops” (Carter, 2016). Alongside with this being said, stereotypes in racial profiling causes supremacy and power within different races and cultures among officers and minorities. This leads minorities of different race to be frightened towards law…
LII / Legal Information Institute, www.law.cornell.edu/supremecourt/text/163/537. Paragraph 4). They removed him forcibly off because he wouldn’t comply to the order that he was given. The Plessy v. Ferguson case is unconstitutional because it was off of color and…
August 9th of 2014, an African American male who was eighteen years of age named Michael Brown was killed in Ferguson, Missouri. It was shown that minutes before his death Mr. Brown was earlier at the local liquor store stealing cigarillos. Mr. Wilson, of 28 years, was the police officer that picked up on the situation as he saw someone to appear as to what the suspect looked like. Once stopping Michael, and him cooperating onto the sidewalk, there was later an altercation between Mr. Brown and Officer Darren Wilson, who is of white heritage. Moments later, Michael Brown was shot and killed by Wilson, after having the officer chase him.…
Also, the fact that the officers didn’t try to resuscitate Mr. Garner as shown in the video. Instead they sat and waited around until ambulance arrived. I am pretty sure if they did in fact try CPR then he might still be here. I know that there are two sides to a story and both parties was wrong in the situation. I’m sure if Eric wouldn’t have resisted arrest in the first place then he would more than likely still be here today.…
Police brutality and racism seem to be consistently connected to one another. This has become a serious issue in which circumstances have ended violently or even fatally when involving police officers and African American citizens. In 2014, the United States Census Bureau reported that African American people make up only 13.2% of our population. Anyone can become a victim of police brutality, regardless of their race; but statistics show that African American people are being killed by police at more than twice the rate of Caucasian and Hispanic people. It is also considerably more likely for the African American victims in these situations to have been unarmed at their time of death.…