Seizure types

Stop and Frisk have been in practice in policing for many years now. However, the policy was enacted or better said put into full effect during the Bloomberg era in the New York City area. This policy of stop and frisk was created to decrease crimes by getting guns and contrabands off the streets. But before a police officer proceeds to stop a civilian to stop and frisk them, they must have “reasonable suspicion” meaning that based on their training and experience they should be able to…

I am in agreement with the court’s decision to block the ruling that deemed the New York Police Department’s stop and frisk policy unconstitutional (Boyette, & Martinez, 2013). Although the ruling will not stop minorities and Hispanics from being targeted unfairly, it is unconstitutional not to protect the safety and welfare of citizens. If this policy is permitted a lot of innocent people will fall into the category of suspect of being stopped. There should be some responsibility to the public…

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…

There are many definitions for the exclusionary rule, but to make it simple, I would say this rule was derived from the fourth, fifth, and sixth amendments of the United States. Many cases before this rule did not grant the accused the many perks the exclusionary rule offers the people of the united states now. As such many accused ended up being punished under very brutal and strict regulations. And also went through vigorous processes during the investigation process. Wikipedia defines the…

When Mr. Balestrero is first introduced to the three detectives, Hitchcock uses camera lighting along with camera movement to enunciate the setting which is described as murky and dark. Brean describes this encounter as the following, “Three men came up to him out of the murky shadows of a winter evening. They said they were police officers and showed him badges clipped to wallets. Mr. Balestrero experiencing a little quiver of uneasiness, asked what they wanted.” Hitchcock cannot transfer these…

this policy must be able to articulate the facts of his suspicion that indicate why he believed the person was involved in criminal activity. A frisk needs to be based on a reasonable suspicion that the person being frisked may have a weapon of some type. Lastly, the frisk or pat down needs to be narrowed down to the person’s outer clothing for the purposes of finding a weapon and or perceptible contraband. Deviations from these standards will lend themselves to the abuse exhibited in the…

The Riley V. California case focused on whether a phone search required a search warrant. According to Liptak, the issue was first brought to attention in 2009, with the arrest of David L. Riley in San Diego. The article, “Riley V. California”, explains the various issues taken into consideration by the supreme justices. The issues included were: the “warrantless search exception” that allows officers to search for anything that they feel threatens their safety, the justices introduced the issue…

In the Maryland v. Buie trial, it was decided by the Supreme Court that a protective sweep of the area following an arrest is justified (Hall, 2015). In this case, Buie and an accomplice had committed an armed robbery wearing red running suits (FindLaw, n.d.). A warrant was obtained, then executed at the residence of Buie where he was subsequently found hiding in the basement. The officers on scene searched the basement following the arrest of Buie where they found in plain view the red running…

the terms are used interchangeably. The term, probable cause” is used to “support” a traffic stop, whereas the term “reasonable suspicion” is used as a standard that complies with the Fourth Amendment; the right against “unreasonable” searches and seizures. So if officers are within the rights, he may then proceed to stop a vehicle; that is if he has “reasonable suspicion” to believe that a traffic violation or crime has occurred. In an investigatory stop, the stop must be temporary and not last…

& Haley, 2014, p. 105). The procedural rights of The Fourth Amendment are the search and seizure of citizens property and/or person in violation of the criminal law, with a meaningful interference by the government. There has to be probable cause. A search and seizure have to be within reason, with a descriptive warrant explaining exactly what is to be searched and seized, signed by a judge. Search and seizure without a warrant can be conducted if the citizen volunteer permission. The Fourth…