Malcolm Rivera
The constitutionality of stop and frisk has been a contentious issue in the United States, with legal debates centred around the Fourth Amendment, which protects citizens from unreasonable searches and seizures. While the practice itself is not deemed unconstitutional, its implementation has been the subject of scrutiny, particularly in New York City, where it was ruled in 2013 that the program violated the Fourth Amendment rights of minorities, specifically young Black and Hispanic men, by disproportionately targeting them based on their prevalence in local crime complaints. This ruling highlighted the delicate balance between police investigative rights and the constitutional protections afforded to citizens, sparking discussions about racial profiling and the potential for abuse of power.
| Characteristics | Values |
|---|---|
| Reason for stop and frisk | Reasonable suspicion that an individual is armed, engaged in, or about to be engaged in criminal conduct |
| Nature of search | Brief stop and pat-down search of outer clothing |
| Scope of search | Within reach and must last only a little while |
| Grounds for search | Suspicion of danger to an officer |
| Racial profiling | Stop and frisk cannot be used to target specific racial groups |
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What You'll Learn
The Fourth Amendment
In the landmark case Terry v. Ohio, the US Supreme Court ruled that stop and frisk practices must comply with the Fourth Amendment. The Court recognised that while citizens have the right to walk freely without being stopped by the police, stop and frisk is less intrusive than full-blown searches and seizures. Thus, the Court held that stop and frisk could be justified if it meets certain standards and is based on reasonable suspicion that the person may be armed and dangerous. This suspicion must be articulable and based on the circumstances of the given case, such as the officer's belief that their safety or that of others is endangered.
However, the application of stop and frisk has been controversial, particularly in New York City, where it was ruled that the practice was carried out in an unconstitutional manner. In Floyd v. City of New York, the court found that the New York Police Department's (NYPD) stop and frisk policy violated the Fourth Amendment as it disproportionately targeted Black and Hispanic individuals. This ruling highlighted the issue of racial profiling, with evidence suggesting that the NYPD had an unwritten policy of targeting "the right people," which resulted in the discrimination of young Black and Hispanic men.
To address these concerns, the court directed the NYPD to adopt a written policy specifying where stop and frisks are authorised. While the practice of stop and frisk itself is not inherently unconstitutional, it must be executed properly and without bias. The Fourth Amendment ensures that citizens' rights are protected from unreasonable searches and seizures, and any deviation from these principles, as in the case of New York City, is a violation of the Constitution.
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Reasonable suspicion
The constitutionality of stop and frisk has been a contentious issue in the United States, with legal experts and courts debating the legality and implications of this practice. The Fourth Amendment, which protects citizens' right to be free from unreasonable searches and seizures, is central to this discussion. While the Supreme Court has acknowledged the investigative right of police officers to conduct stop and frisk as part of their preventive function, it has also set important limitations and standards to ensure that this practice does not violate constitutional rights.
The concept of "reasonable suspicion" is a key factor in determining whether a stop and frisk is constitutional. According to legal precedents, a stop and frisk must be based on reasonable suspicion, good cause, and articulable suspicion. In the landmark case 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. The Court recognised that these stops are significantly less intrusive than full-blown searches and seizures, and thus, the standard for reasonable suspicion is lower than that of probable cause.
While reasonable suspicion is a critical factor in the constitutionality of stop and frisk, it is important to note that this practice has also been the subject of racial profiling controversies. In Floyd v. City of New York, it was ruled that the New York stop-and-frisk policy violated the Fourth Amendment as it disproportionately targeted Black and Hispanic individuals. This ruling highlighted the importance of ensuring that stop and frisk practices are carried out in a manner that does not infringe on constitutional rights and do not discriminate based on race or ethnicity.
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Good cause to believe
The "stop-and-frisk" law, also known as the Terry stop, is based on the 1968 US Supreme Court case Terry v. Ohio. In this case, the Supreme Court ruled that "stop and frisk" fell under the Fourth Amendment, which protects citizens' right to walk freely without being stopped by the police. The Court recognised that these stops are less intrusive than full-blown searches and seizures, and developed standards to regulate them.
For a "stop and frisk" to be constitutional, it must be based on reasonable suspicion, good cause to believe, and articulable suspicion. In the context of "good cause to believe", the Supreme Court held that a "stop and frisk" is constitutional when a reasonably prudent officer believes that their safety or the safety of others is endangered. This means that if an officer has a reasonable suspicion that an individual is armed, they may conduct a brief stop and detain the individual for a pat-down search of their outer clothing.
The "good cause to believe" standard requires more than a mere hunch or whim but less than probable cause. Officers must be able to articulate specific facts that led them to suspect that the person may be armed and dangerous. This standard was further clarified in subsequent cases, such as Sibron v. New York and Peters v. New York, where the Supreme Court granted limited approval to frisks conducted by officers without probable cause for an arrest.
However, it is important to note that the "stop-and-frisk" law has been controversial, particularly in its implementation in New York City. In 2013, US District Court Judge Shira A. Scheindlin ruled that the New York City Police Department's "stop-and-frisk" program was carried out in a manner that violated the US Constitution, specifically the Fourth and Fourteenth Amendments. The judge found that the practice amounted to a form of racial profiling of young black and Hispanic men, who were disproportionately targeted for stops. This ruling directed the police to adopt a written policy specifying where such stops are authorised and did not order an end to the program, indicating that "stop-and-frisk" can be constitutional if executed properly.
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Articulable suspicion
The constitutionality of stop-and-frisk has been a highly debated topic, with rulings suggesting that the practice itself is not unconstitutional, but that its execution must be carefully considered to avoid violating the Fourth Amendment. The Fourth Amendment protects citizens' right to walk freely without being stopped by the police, and unreasonable searches and seizures without judicially issued warrants are deemed unconstitutional.
In the case of 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. This decision was based on officer safety, and the Court recognized that stop and frisk is less intrusive than full-blown searches and seizures. Similarly, in Sibron v. New York, the Court ruled that police officers must articulate their fear that the suspect is armed for the stop and frisk to be valid. The Court set scope limitations, stating that the frisk must be within reach, last only a short time, and be limited to a pat-down of the exterior clothing of the suspect.
The articulable suspicion must be based on more than a mere whim; it must be supported by specific facts and circumstances that would lead a reasonably prudent officer to believe that the suspect is armed and dangerous. This standard was further emphasized in the case of Floyd v. City of New York, where it was found that the New York stop-and-frisk policy violated the Fourth Amendment as it disproportionately targeted Black and Hispanic individuals.
In summary, articulable suspicion is a critical component of a lawful stop and frisk. It requires officers to have a reasonable fear that a suspect is armed, based on specific articulable facts, and it serves as a starting point for escalating responses. The suspicion must be clearly explained and must meet the standard of a reasonably prudent officer believing that their safety or the safety of others is endangered.
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Racial profiling
While stop and frisk is not inherently unconstitutional, the practice has been criticised for its disproportionate impact on people of colour, particularly Black people. This has led to accusations of racial profiling by law enforcement.
In the United States, the Fourth Amendment protects citizens' right to walk freely without being stopped by the police. However, the Supreme Court has ruled that "stop and frisk" is constitutional if an officer has "reasonable suspicion" that an individual has committed or is about to commit a crime, or poses a threat. This decision was based on the belief that it would protect the public from dangerous individuals while also serving as a preventive function for police.
Despite these justifications, the stop and frisk policy has been criticised for expanding police powers, targeting minority citizens, and leading to widespread racial profiling and harassment of innocent people. In 2013, a judge ruled that the New York City Police Department's stop-and-frisk program violated the US Constitution by disproportionately targeting young Black and Hispanic men, constituting a form of racial profiling. Data from 2006 revealed that Blacks and Latinos comprised more than 80% of those searched, and similar racial disparities have persisted over the years.
The New York Civil Liberties Union (NYCLU) has expressed concern over the significant increase in the number of stop-and-frisk incidents, with Blacks being five times more likely to be searched than whites. The NYCLU has received anecdotal reports and complaints indicating that police officers are using overly aggressive tactics in communities of colour, including subjecting individuals to stops, frisks, and searches without any suspicion of wrongdoing.
The impact of stop and frisk on young people, particularly children, is also concerning. From 2003 to 2023, young people aged 18-24 represented 35% of all stops, with those aged 15-17 accounting for 13% of stops. The NYPD conducted frisks, issued arrests, and used force against children at similar rates to adults.
The disproportionate impact of stop and frisk on people of colour, particularly Black people, has been evident in Detroit as well, with the policy being linked to unconstitutional racial profiling and targeted crime crackdowns against Black residents.
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Frequently asked questions
No, the practice itself is not unconstitutional. However, it must be carried out properly.
The Supreme Court has ruled that a stop and frisk must comply with the Fourth Amendment, meaning that the stop and frisk cannot be unreasonable. A stop and frisk is deemed reasonable if a reasonably prudent officer believes that their safety or that of others is endangered, and may make a reasonable search for weapons on the person believed to be armed and dangerous.
If a stop and frisk is conducted without a judicially issued warrant, it is considered unreasonable and therefore unconstitutional.
The police must have a flexible set of escalating responses, beginning with articulable suspicion and extending to a reason to believe that the suspect is armed.
In 2013, U.S. District Court Judge Shira A. Scheindlin ruled that the New York Police Department's stop-and-frisk program was unconstitutional as it violated the Fourth and Fourteenth Amendment rights of the plaintiffs. The judge deemed the practice a form of racial profiling, as it disproportionately targeted young Black and Hispanic men.
