Isabella Carter
The 'stop-and-frisk' or 'stop-question-and-frisk' program is a practice of temporarily detaining, questioning, and searching civilians and suspects on the street for weapons and contraband. In 2013, a US District Court Judge ruled that the New York Police Department's stop-and-frisk program was unconstitutional, violating the Fourth Amendment's prohibition of unreasonable searches and seizures, and was a form of racial profiling. The ruling directed the police to adopt a written policy specifying where such stops are authorized. The constitutionality of stop-and-frisk remains a topic of debate, with some arguing that it is a necessary investigative right for police, while others highlight its potential for discriminatory racial profiling and harassment.
| Characteristics | Values |
|---|---|
| Constitutional issues | Violation of the Fourth Amendment's prohibition of unreasonable searches and seizures |
| Racial profiling of young Black and Hispanic men | |
| Records of individuals retained by police, contrary to the law | |
| Used as a method of harassing minorities | |
| Legal status | Not inherently unconstitutional |
| Ruled unconstitutional in the manner it was carried out in New York City | |
| Requirements for constitutionality | Reasonable suspicion |
| Good cause to believe | |
| Articulable suspicion |
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What You'll Learn
The Fourth Amendment and ''unreasonable' searches and seizures
The Fourth Amendment of the US Constitution protects citizens against unreasonable searches and seizures. In the context of stop and frisk, this means that law enforcement officers cannot arbitrarily stop, detain, and search individuals without a valid reason or reasonable suspicion. The amendment ensures that citizens have the right to walk freely without being subjected to intrusive police searches and seizures.
In the landmark case of Terry v. Ohio, the Supreme Court ruled that stop and frisk practices fall under the Fourth Amendment's protection against unreasonable searches and seizures. The Court acknowledged that while stops and frisks are less intrusive than full-blown searches, standards must be developed to ensure they are carried out reasonably and without violating citizens' rights. This includes the requirement that officers have a reasonable suspicion that a person may be armed or involved in criminal activity before conducting a stop and frisk.
The Fourth Amendment's prohibition on unreasonable searches and seizures aims to strike a balance between the interests of law enforcement and the rights of citizens. While the amendment allows for warrantless searches and seizures in certain limited circumstances, such as when an officer has reasonable suspicion of a threat to their safety, it sets important boundaries to prevent arbitrary or excessive police powers.
In practice, the application of the Fourth Amendment to stop and frisk policies has been controversial. In the case of Floyd v. City of New York, for example, a federal judge ruled that the New York Police Department's stop-and-frisk program was unconstitutional and amounted to racial profiling of young Black and Hispanic men. This ruling highlighted the challenges in ensuring that stop and frisk practices are carried out in a manner that respects the Fourth Amendment rights of all citizens.
To address these concerns, courts have provided guidance on the factors that must be present for a stop and frisk to be considered reasonable under the Fourth Amendment. These factors include the existence of reasonable suspicion, the scope and duration of the stop, and the articulable fear that the suspect is armed or dangerous. By adhering to these standards, law enforcement agencies can help ensure that their stop and frisk practices are constitutional and do not infringe on the rights guaranteed by the Fourth Amendment.
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Racial profiling and discrimination
The stop-and-frisk policy, also known as the stop-question-and-frisk program, has been a subject of controversy, particularly in New York City, where it has been deemed unconstitutional by a US District Court Judge due to its use as a method of racial profiling and discrimination.
The policy allows police officers to temporarily detain, question, and search civilians and suspects on the street based on reasonable suspicion that they may be armed and dangerous. However, in practice, the policy has been applied disproportionately to Black and Latino individuals, constituting harassment and racial profiling. For example, in New York City between 2004 and 2012, 4.4 million stops were made, with 83-84% of those stopped being Black and Latino individuals, despite these groups only representing 50-52% of the city's population.
This disproportionate targeting of minorities has led to strong opposition from civil rights organizations and the courts. Judge Shira A. Scheindlin, who ruled on the unconstitutionality of the policy in New York City, stated that it was "a form of racial profiling" and directed the police to adopt a written policy specifying where such stops are authorized. The NYC Bar Association has also questioned whether the "reasonable suspicion" rule was being applied consistently, given the large number of stops that resulted in no determination of wrongdoing.
The stop-and-frisk policy has been the subject of debate in presidential elections, with some arguing for its effectiveness in reducing crime and others criticizing it for its discriminatory nature. While the practice itself may not be inherently unconstitutional, the way it has been carried out in certain jurisdictions, particularly in New York City, has been found to violate the US Constitution's Fourth Amendment prohibition of unreasonable searches and seizures.
To address the issue of racial profiling, advocacy organizations are pushing for the End Racial Profiling Act, which aims to end discriminatory policies like stop and frisk. The practice has also faced opposition from communities of color, who have highlighted its negative impact on their members through campaigns such as "Where I Am Going" by Communities United for Police Reform.
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The difference between a 'stop' and an 'arrest'
Interactions between police and citizens can be complex and nuanced, and it is important to understand the differences between a stop and an arrest, as well as the constitutional issues that may arise.
A stop, often referred to as a "Terry stop" after the case of Terry v. Ohio, is when a police officer briefly detains and questions an individual based on reasonable suspicion of criminal activity. This suspicion must be based on objective facts that would lead a reasonable person to suspect the individual of criminal involvement or intent. During a stop, the individual is not free to leave, but they are also not under arrest. The officer may conduct a quick pat-down or "frisk" of the individual's outer clothing if there is a reasonable suspicion that the person may be armed and dangerous. This type of stop-and-frisk practice has been controversial, particularly in New York City, where it has been accused of being used in an unconstitutional manner and of targeting minorities and the poor.
An arrest, on the other hand, involves taking an individual into custody through a significant restraint on their movement, such as the use of handcuffs or placement in a patrol vehicle. An arrest requires a higher standard of justification than a stop, namely probable cause. Probable cause means there are objective indications that it is reasonably likely that the individual committed or is committing a crime. For example, if an officer sees someone running from a bank with a bag of money, this would provide probable cause for an arrest. An arrest results in a more substantial intrusion on an individual's rights, and the police must inform the person of their Miranda rights at this time.
It is important to note that the line between a stop and an arrest can sometimes blur. A stop that is prolonged or becomes more restrictive may turn into a de facto arrest, even if not officially classified as such. Additionally, if an officer makes a valid stop based on reasonable suspicion but then proceeds to a warrantless arrest without additional probable cause, the arrest may be deemed illegal.
Understanding these distinctions is crucial for citizens and law enforcement alike, as it directly impacts an individual's rights and the admissibility of any evidence obtained during these encounters in court.
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The role of 'probable cause' and ''reasonable suspicion'
The Fourth Amendment decrees that citizens have the right to walk freely without being stopped by the police. However, the Supreme Court has ruled that 'stop and frisk' is an exception to this rule. In Terry v. Ohio, the Supreme Court ruled that officers have the right to stop and pat down a suspect if they have a reasonable suspicion that the person may be armed and dangerous. This decision was based on officer safety.
The Court recognised that 'stop and frisk' is significantly less intrusive than full-blown searches and seizures and that standards must be developed for 'stop and frisk'. The Court also acknowledged the dangers of a broad 'stop and frisk' law, especially regarding minorities and the poor. However, it felt that police should have this investigative right as it serves a preventive function. The Court ruled that 'stop and frisk' does not require a warrant and that the behaviour of officers should be tested by the Fourth Amendment's general prohibition against unreasonable searches and seizures.
The 'stop and frisk' law must be based on reasonable suspicion, good cause to believe, and articulable suspicion. Reasonable suspicion has been defined as a situation in which a reasonably prudent officer is warranted, given the circumstances of a particular case, to believe that their safety or that of others is endangered. The officer may then make a reasonable search for weapons on the person believed to be armed and dangerous. The Supreme Court has also set scope limitations for 'stop and frisk'. It cannot be a full-scale seizure of a person, it must be within reach, and it must last only a short while. Police officers can frisk a suspect only for what is absolutely necessary, such as looking for a weapon, and the search must be limited to a pat-down of the exterior clothing of the suspect.
In Floyd v. City of New York, US District Court Judge Shira Scheindlin ruled that 'stop and frisk' had been used in an unconstitutional manner, calling it "a form of racial profiling" of young Black and Hispanic men. Judge Scheindlin directed the police to adopt a written policy specifying where such stops are authorised. Between 2004 and 2012, the New York Police Department made 4.4 million stops under the 'stop and frisk' policy, with 83-84% of these stops involving Blacks and Latinos, who made up only 50-52% of New York's population. This raised questions about whether police officers were adhering to the constitutional requirement of reasonable suspicion for 'stop and frisk'.
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The retention of personal information
However, concerns have been raised about the retention of personal information collected during stop-and-frisk interactions. In the case of Floyd v. City of New York, decided on August 12, 2013, US District Court Judge Shira Scheindlin ruled that the New York Police Department's stop-and-frisk program had been used in an unconstitutional manner. This ruling highlighted the issue of personal information retention, as it was found that records of individuals who underwent stop-and-frisk, including arrest reports, mugshots, appearance details, and residential addresses, were retained by the police even when cases were downgraded or dropped. This information remained in law enforcement databases and was used to enhance charges for individuals arrested later for unrelated crimes.
Additionally, the retention of personal information from stop-and-frisk can have significant implications for individuals' privacy and opportunities. Personal information, such as arrest reports and mugshots, can be accessible to the public, potentially leading to stigma and negative consequences for employment, housing, and other areas of life. The continued retention of this information, even when cases are non-criminal or dismissed, can create a lasting impact on individuals' lives.
To address these concerns, reforms have been proposed and implemented in some jurisdictions. For example, in the Floyd v. City of New York case, the police were directed to adopt a written policy specifying where stop-and-frisk authorisations occur. Efforts have also been made to prevent law enforcement from engaging in racial profiling and to ensure that stop-and-frisk practices comply with constitutional requirements for reasonable suspicion. These measures aim to balance public safety needs with individuals' privacy rights and fair treatment.
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Frequently asked questions
The practice of stop and frisk is not unconstitutional, but a judge ruled in 2013 that New York City's stop-and-frisk program was carried out in a manner that violated the U.S. Constitution.
The ruling found that the NYPD's stop-and-frisk tactics violated the U.S. Constitution's 4th Amendment prohibition of unreasonable searches and seizures. The program was deemed to be a form of racial profiling, disproportionately targeting Black and Latino citizens.
The legal basis for stop and frisk is the Terry v. Ohio Supreme Court case, which ruled that officers have the right to stop and pat down a suspect if they have a reasonable suspicion that the person may be armed and dangerous.
Stop and frisk must be based on reasonable suspicion, good cause to believe, and articulable suspicion. The Supreme Court has also set scope limitations, stating that it cannot be a full-scale seizure, must be within reach, and must last only a short while.
