Analyzing a case, City of St. Paul v. Uber, 450, N.W. 2d 623 (Minn. Ct. App. 1990) an officer who was with the Minnesota Police Department of St. Paul, for eighteen years, had been working the early morning night patrol. While out on patrol, he had witnessed a driver, in a pickup truck at approximately 2:15 a.m. in a particular part of town that was known to be where people would pick up prostitutes. Again the male driver was seen about a half hour later in the same area at 2:45 pm. Officer…
Scheindlin, agreed and concluded in the Floyd v City of New York court case in 2013 that stop and frisk is unconstitutional since its unconscious bias as well as it violating our 4th amendment, the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable…
In 1968, the United States Supreme Court case Terry v. Ohio decided that police may stop a person for questioning and frisk, without probable cause, if they have reasonable suspicion that the person has committed or is about to commit a crime. The New York City Liberty Union website provides a total number of how many people were stopped from the year 2002 to 2016, while also providing a racial breakdown of how many of that total were blacks, whites, and Latinos. According to this website, in…
unreasonable searches and seizures. In Terry v. Ohio, 392 U.S. 1 (1968), the U.S. Supreme Court concluded that a search is reasonable when police observe suspicious behavior and there is reasonable suspicion the individual is armed and dangerous. In Florida v. J.L., 529 U.S. 266 (2000), the Supreme Court held that a Terry stop based only on an anonymous caller giving a physical description and illegal acts of an individual is not justification for a Terry stop unless the reliability of the tip…
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…
Stop-and-Frisk Policy Review According to the Washington Post article “Here’s what you need to know about stop and frisk — and why the courts shut it down” by Dylan Matthews, Stop and Frisk is “an NYPD policy wherein police will detain and question pedestrians, and potentially search them, if they have a reasonable suspicion that the pedestrian in question committed, is committing, or is about to commit a felony or a Penal Law misdemeanor” (Matthews). This means that if a person appears…
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…
Initially the Court was in agreement that the stop and subsequent arrest in the Terry case was appropriate on the basis of the “probable cause” standard. Barrett (1998) states, Chief Justice Warren had initially approached this decision on the basis that the stop in the Terry case was appropriate. It was Justice Brennan who eventually persuaded Chief Justice Warren to render a decision which put forth the new “reasonable suspicion” standard (Barrett, 1998, 793-821). If Chief Justice Warren…
Stop and frisk is truly an complicated development in the world of criminal justice. It allows for officers to stop people based solely off how they look, or act socially; and search them in New York city. While new york has shown a extravagant decrease in crime as of late, there is no concrete evidence that states that the stop and frisk laws are the reason. I personally do not believe that stop and frisk laws are Constitutional. It is very difficult for me to justify how this is legal under…
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…