Q3. Describe a case incident where a ‘stop and frisk’ is allowed and rationale for it. A ‘stop and frisk’ is something when a police officer stops an individual or a group to question and further to search for weapons or any illegal activities under criminal circumstances. Search includes patting down i.e. checking an individual with hands from the top of the clothes and also removing upper part of clothes if the officer thinks the suspect is carrying some armed weapons and is dangerous. Many…
Resubmission: Exploring if stop and search permits racism. Introduction Stop and search is a power used by Police to detain suspected individuals so that the Police can look for weapons, drugs or stolen property. The term stop and search has been defined by Bryant, Bryant and Graca (2012) as ‘’an umbrella term for 19 powers a police officer has to arrest you’’. However to be able to detain someone for a search it is mentioned within the PACE ACT 1984 that an officer must have ‘’reasonable…
trafficking of illegal drugs. In the United States v. Sokolow, 490 U.S. 1, 109 S. Ct. 1581, 104 L. Ed. 2d 1 (1989), the Supreme Court ruled that the police have the power to detain, question, and investigate suspected drug couriers. The case involved a Terry stop at an international airport, during which the defendant aroused suspicion by conforming to a controversial "drug courier profile" developed by the Drug Enforcement Agency (DEA). The Court said that the DEA profile gave the officer…
Police should be allowed to stop and frisk subjects who seem suspect. In the case Terry v. Ohio (1968) the Supreme Court’s ruling allowed the procedures of “Stop and Frisk” to be acceptable. For a stop and first to be considered legal, the police officer must have reasonable suspicion that a crime has already occurred or is about to take place. Only then can a police officer start a line of questioning toward the suspect. However, the “frisk” portion of stop and frisk must only be done if the…
was patrolling in plain clothes on a downtown street across from a store. He has been patrolling around the same area for about 30 years. Over the years he has developed a routine habit. In this case McFadden observed two strangers named Chilton and Terry. These two men were taking turns to walk back and forth on the same route. They both would alternately walk and then pause to stare inside the window of the same store. Then, at the completion of each route, they both would meet on the corner…
policy of Stop and Frisk. As the lyric goes “I heard the mission bell, And I was thinking to myself , This could be heaven or this could be hell.” The policy of Stop and Frisk arose from the decision of United States Supreme Court in the matter of Terry v. Ohio, 392 U.S. 1 (1968). This seminal case gave police the right to stop a person on the street and question them and if they can establish reasonable suspicion that the individual either committed a crime or is about to commit a crime then…
e) Between 2002 and 2012, 83% of people who were stopped and frisked were black or Hispanic. f) The Center for Constitutional rights filed a racial-profiling lawsuit against the city. B.3 The standards of Stop-and-Frisk resulted from Terry V…
392 U.S. 1 (1968) Terry V. Ohio Facts: Police Detective Martin McFadden was an off duty police officer dressed in normal street clothes. On the afternoon of October 31, 1963 McFadden was walking around in downtown Cleveland. While he was out and about two men caught his eye. The men Chilton and Terry were standing on a street corner. McFadden was used to noticing strange and suspicious things and the behavior of these men struck him as suspicious. They were pacing up and down the street…
Seeing a white male in a vehicle alone is not enough for a solid case for a lawful Terry stop. The facts of this case what few there is, along with the officers thinking that Uber has a possibility of committing a crime, is unfounded. Is it fair to state that Officer Mathison should be aware of the drivers in that area? I believe that…
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…