The Pros And Cons Of Stop And Frrisk Case

In the beginning of chapter one, the Supreme Court ruled in the case Florida v. J.L, a police officer may not search individuals based merely on an anonymous tip. The anonymous tip received was that a black man standing at a bus stop was carrying a concealed firearm. Out of the three black men at the bus stop, they searched the man wearing the plaid shirt, as described in the tip. Although public safety issues were recognized, the conviction was overturned. This unlawful search violated the Fourth Amendment of the Constitution, which states, in simpler terms, that the police cannot search an individual or take their property without probable cause.

I could be driving minding my own business and a drive by a police officer just parked somewhere and police officer spots me and pulls me over for some reason. The police officer orders me out of my vehicle. Maybe I was speeding and I did not know? Or maybe the police officer wants to search me and my car? Can the officer do that? The answer to all these questions are no, Thanks to the Fourth Amendment, The police officer has limited power to seize and search me or my car (Friedman, Barry, and Orin Kerr). Now, the Fourth Amendment has been questioned repeatedly during the last several years, as police and higher intelligent agencies in the United States have engaged in a number of controversial activities. From the federal government collecting telephones and Internet connections to protect us, due to the War on Terror and trying to prevent the same damage that happened on 9/11. Many municipal police forces have engaged in violent use of “stop and frisk.” There have been as far as incidents were police officers were force to shoot civilians (Friedman, Barry, and Orin Kerr).

The Supreme Court made it clear with its ruling that, police do have the authority to stop or detain an individual for a questioning for a short-term period without probable cause if he/she make have or about to commit a crime. This ruling is important because it gives police officer the authority to help protect him/herself as well as the community. It also puts steps in place to protect citizens from unreasonable search and seizure that is protected our Fourth Amendment right. In the case of Terry v. Ohio a police detective observed two men walking up and down a street several times and gazing into a store window. The officer observing conduct from the individuals that would lead him or her to suspect that a crime has already happened or about to happen is one of the necessities need to consider this as a valid stop. The officer identified himself as an officer of the law and began to inquire and request identification. The officer in this case followed the required guidelines for a valid stop. In return the Supreme Court ruled that this was a valid stop and frisk. According to United States Supreme Court TERRY v. OHIO, (1968) MR. JUSTICE HARLAN, concurring. While I unreservedly agree with the Court 's ultimate holding in this case, I am constrained to fill in a few gaps, as I see them, in its opinion. I do this because what is said by this Court today

The stop and frisk procedure is known to be more used toward those of the African American, Latino and minority races rather than those of the Caucasian race. A person is protected from unreasonable search and seizures under the Fourth Amendment. Many contested

The Fourth Amendment of the United States Constitution protects every individual’s personal privacy, and every person’s right to be free from unwarranted government intrusion in their homes, businesses and property, regardless of whether it is through police stops and checks or the search of their homes. In the context of Mr. Smith’s Arrest, he was arrested without a warrant of arrest and there was a search, which was conducted by a private citizen on his premises without a search warrant, the courts upheld his arrest and subsequent conviction thus implying that all due process was followed before reaching at the verdict. The constitutionality of search and arrest without a warrant was challenged in the case of PayTon v. Newyork, (1980) (Payton v. New York | Casebriefs, 2017).

The Fourth Amendment of the United States Constitution protects one’s rights against unreasonable searches and seizures. It also states that no warrants shall be issued without probable cause. Probable cause can be defined as a person of reasonable caution who believes that a crime has been committed and the person accused has committed that crime. Modern law has afforded police officers an incentive to respect this amendment, known as the “stop and frisk” act. The Stop and Frisk law allows police officers to stop someone and do a quick search of their outer clothing for weapons: if the officer has a reasonable suspicion that a crime has or is about to take place and the person stopped is armed or dangerous. The reasonable

The 4th amendment, search and seizure causes a lot of problems. Search and Seizure is the rights that police have when they enter in a home. The standard for conducting a warrantless search, probable cause, is the same standard necessary for a warrant to issue. An illegal search or illegal seizure is a violation of your Fourth Amendment rights, and any evidence seized must be excluded from trial. Normally police need a search warrant to enter into a home unless they get the consent to enter in the home without one they normally don't go go into a home without anything. A terry pat is when a police officer can detain or conduct a reasonable search for weapons where the officer has the reason to believe the person is armed. Auto stops is

The famous and controversial police practice known as the stop and frisk started on the last sixties. It was known national wide when the case Terry v. Ohio was presented this case was argued on December 12, 1967 it all started when Cleveland detective McFadden was on patrol on a foot post where he noticed the petitioner John W. Terry and another men known as Chilton were acting suspiciously on a street corner the detective noticed both men looking into a store multiple times with an interest to do something, then another men known as Katz showed up to the scene all three men joined and where walking around the store, that's when detective McFadden approached and identified himself as a police officer he started to ask them simple

follow for “Stop and Frisk” happened as a result of the “Terry v. Ohio “case (162). The

At final, the Supreme Court vacated and remanded the lower court’s ruling. The Court said that all claims that law enforcement officials have used excessive force whether deadly or not in the course of an arrest, investigatory stop or any other seizure of a citizen are properly analyzed under the Fourth Amendment’s objective reasonableness standard, rather than the under a substantive due process. The court also stated that a seizure occurs when a law enforcment officer terminates a free citizen’s movement by a means interntionally applied. An officer may sieze a person in many ways including: traffic stops, investigative detentions, and arrests are all seizures under the 4th amendmet. To seize a person, an officer may yell, “stop”, handcuff, a baton, or a firearm can be used to comply the subject with officer orders.

The Fourth Amendment is one of the most important constitutional protections; however, several procedural issues may arise. As seen in this case, the validity of the search warrant was questioned as well as the extent of the protection afforded. A search may be illegal even if a search warrant was issued; probable cause is

The case of Terry v. Ohio took place in 1968. This case involved a Detective who had witnessed three suspicious males patrol a street and stare into a specific window multiple times. With reasonable suspicion and probable cause, Detective McFadden assumed one of them could be armed. He then took one of the males and patted him down to find that he had a pistol on him. He patted the victim down for reasons of protecting himself and others in the community. The Fourth Amendment does include, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (Israel, LaFave). The people who are being frisked are for reasons that the officer wants to protect himself and others, not just for no reason. People do have a right to their personal, private property and the stop and frisk, or sometimes know as a terry stop, is approved if the officer has reasons to believe the person could be carrying a weapon or a threat to society. The officer had reasonable suspicion and probable cause to search the male and was able to legally with the Fourth Amendment. The stop and frisk action has been around for almost 50 years. Is it time to put a stop to it because people think it is unconstitutional, or to change the way we view

The framework of Stop-and-Frisk started in 1968 in a case known as Terry v. Ohio. This was a landmark case that gave law enforcement the constitutional limitations by the United States Supreme Court to stop and search individuals in streets encounters for weapon or contraband (Rengifo & Slocum, 2016). In 1996, the Anthony General, Eliot Spitzer opened an investigation to assess the effectiveness of Stop-and-Frisk on the minority communities in New York City. The assessment involved looking at 175,000 UF-250 Forms from 1998 to 1999. During

The constitutional requirements of stop and frisk practices were bought up by the Supreme Court during the court case of Terry v. Ohio. Before this case, it was illegal for Police Officers to stop someone and frisk them unless they were being arrested or have a search warrant for that person. After various cases that tested the constitutional rights of Americans such as Sibron v. New York, Peters v. New York and Terry v. Ohio, the Supreme Court cane to the conclusion that police officers can frisk someone without having

The stop, question, and frisk policy was implemented in the NYPD in an effort to make the city a safer place. With weapons becoming more easily accessible than ever, they are becoming more of a problem, and officers and the general public are now in more danger than ever of being killed by a firearm, knife, or a weapon. Although the policy is intended to prevent harm and protect society, it has been under major scrutiny in not only the past few years, but also the past few decades as well. Due to the fact that minorities are believed to be the main target of this policing tactic, many people have argued it is inherently corrupt should be abolished. On the other hand, it has shown to provide some positive outcomes and as a result, it is a necessary