However, an officer can utilize the much lower standard of reasonable suspicion, as long as he claims the initial search was for weapons. The propagation of such stereotypes has resulted in many individuals holding racially biased beliefs, often without conscious awareness of doing so.
The final case to be analyzed, Whren v. United States, did not directly relate to stop and frisk, although its holding had an undoubted impact on said doctrine (Whren, 1996).
NYPD's controversial 'Stop and Frisk policy ruled unconstitutional, 8 Jan 2013. Because of civil forfeiture laws amended by Congress in the 1980s, state and local police departments were now able to keep up to eighty percent of the property they seized from drug crimes (Alexander, 2010). Vague doctrines and minimal judicial oversight have allowed police to largely bypass the probable cause requirement and conduct stops and frisks based on reasonable suspicion virtually unrestrained. Furthermore, those black individuals who were killed by police were less likely than white individuals to have been attacking the officer. Police have observed that criminals in fear of being impounded with contraband either wholly abandon or carry lesser quantities. However, under the new New York City Mayor, Bill de Blasio, the city has dropped its appeal and significantly limited the use of the stop and frisk program. They have refused to collect any meaningful statistics regarding this practice and have refused to make the information they do have publicly accessible. Malden, MA: Blackwell Publishers. Center for Constitutional Rights.
Across the Thin Blue Line: Police Officers and Racial Bias in the Decision to Shoot. These critics continue to press for the need for police to obtain search warrants or permits in that line (Ferrandino, 2012). Later decisions only served to expand this discretion even further, by refusing to clarify what would constitute reasonable suspicion, instead ruling that it was to be defined by a “totality of circumstances”. Even in predominantly white areas, African Americans were still stopped at a disproportionately high rate. The Stop and Frisk policy was created in Ohio, 1968, because of the a Supreme Court case, Terry v. Ohio (US Courts). In its majority opinion, the Court stated reasonable suspicion required the police to “be able to point to specific and articulable facts, which, taken together with rational inferences from those facts, reasonably warrant that intrusion” (Terry, 1968). Policing By the Numbers. This was mainly due to the officers failing to cite any sort of plausible justification for their actions and having freely admitted they had neither seen Brown act suspiciously nor had they any reason to believe he was armed. white men). Now, imagine eighty-seven percent water covering the Earth. Without any clear parameters guiding whom to stop, officers inevitably will be influenced by their implicit biases. Effective community policing would do away with the web and supply chain. Given the fact that in most cities frisks discover a weapon less than one percent of the time, it seems evident that the weapons justification is simply used as a pretext to justify said frisk. African Americans were also disproportionately tasered, shot, and illegally stopped. (2012, November). After filling out the order form, you will be directed to payment via Credit Card or another preferred method. As part of this stop and frisk policy, New York Police Department has the right to stop and frisk people roaming inside and around private apartment buildings and the suspects could be apprehended if they are unable to give any just explanation for their presence. WowEssays. It is not until said policy is viewed in its entirety that the serious racial ramifications become clear. The final conclusions derived from the Collins et al. Disproportionate stops cannot be sufficiently explained by racially neutral factors but may instead be the product of racially-biased policing. Despite these purported changes, a class action lawsuit was once again brought against the NYPD in the case of Floyd et al. Today many people don't respect our police officers because of actions made by others.
This case was fairly unusual, as the Court found that the officers had failed to meet even the very low threshold of reasonable suspicion. The Court’s subsequent decisions of stop and frisk have decreased procedural safeguards for defendants and allowed almost unfettered police discretion while at the same time refusing to address or remedy the inexcusable racial bias inherent within it (Thompson, 1999). A Study of Racially Disparate Outcomes in the Los Angeles Police Department. Shira Scheindlin, U.S. District Court Judge in criticism of NYPD's sweeping implementation of stop and frisk policy stated that the department's "cavalier attitude displays a deeply troubling attitude towards fundamental constitutional rights” (McKay). Criticizing the stop and frisk policy strongly, judge Shira Scheindlin concludes “While it may be difficult to say when precisely to draw the line between constitutional and unconstitutional police encounters such as a line exists, and the NYPD has systematically crossed it" (McKay). According to (nyclu.org), “innocent New Yorkers have been subjected to police stops and street interrogations more than 5 million times since 2002, and that black and Latino communities continue to be the overwhelming target of these tactics. In reality, this decision created a set of circumstances that were ripe for abuse. This policy had enormous racial repercussions and was the major catalyst for the explosion in incarceration rates following its inception in 1970s (Free, 2003). The city appealed, which the Circuit Court granted, instituting a stay on the proposed remedies and remanding the case back to the District Court to be tried by a new Judge (Floyd, 2016). The framework of Stop-and-Frisk started in 1968 in a case known as Terry, and cons of the Stop and Frisk policy in New York. When a wide level of discretion is granted to officers, implicit biases will influence an officer’s decision. This decision lowered the standard of evidence necessary to conduct a stop from probable cause to the lower standard of reasonable suspicion. It will examine data from those four cities to determine if the suppositions in Parts I and II are correct. Of these stops analyzed, 2,338 resulted in no contraband being found. Stop and frisk has been an effective, profiling amongst arrests. A 90 day long study conducted by the Sacramento Police Department has shown that hot spot policing reduces crime (Pettit).
Furthermore, it will relate the topic to the management, gender, and race class focusing in on how the unconscious bias plays a role in how the police choose who to stop. hޤX�r�F~����LjK���J�J�+�[R|��2lrM�29v�>}��LqS%������J(��:������:�NX���pDr!x��"$�O")���V��/$�i3�2z
�F� ���\�� ��ȉ`���$l�0Ce�O8U8�ȹF�a��«����`�����Z��ك�9^��ѼA`�hSLG�Ӊ�t��myiL;ZӞ��)�l�������G��ӤwZy8/A�g9��j9�?_���/�����dz�Z8�������=0�������yGߎ�� 2d 540 (2013). Such stereotypes have been broadcast in the modern era via politicians, who have utilized divisive rhetoric to equate African Americans with violent and drug crimes, and the media, which disproportionately portrays black men as dangerous criminals (Alexander, 2010).
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