English Final stop & frisk

Stop and

Frisk Leandra Budhram

Stop and Frisk: Breakdown • Affects the Fourth

Amendment rights to people.

• Police may not search or seize an individual with out “probable cause”.

• Probable Cause requires facts or evidence that would lead to believe that a suspect has committed a crime.

• Likelihood that the crime has taken place.

Causes of Stop and Frisk • Furtive

Movements- Hands in pocket, covering face, whispering to people.

• Carrying Objects in Plain View

• Fits Description

• Actions Indicative of Acting As A Lookout

• Suspicious Bulge/Object

• Wearing Clothes/ Disguises Commonly Used in Commission of Crime

Stop and Frisk: Who Gets It?

• New Yorkers subjected to police stops and street interrogations over 4 million times since 2002.

• Black and Latino communities are the overwhelming target of these tactics.

• Nine out of 10 stopped-and-frisked New Yorkers have been completely innocent.

Word Cloud

Interview with Jacqueline Linge

Background Information• Born and raised in New York City. • Particularly interested in

constitutional law.• Lawyer for about four years.• Video journalist for another four

years. • Started teaching at Francis Lewis

High School in 2012. • Taught classes part time for over

15 years in variety of settings • Youth Advocacy Center,

International YMCA Global Teens, and Baruch College.

Interview: Questions & Answers

Q: Why do people believe stop and frisk is the wrong approach for discovering suspicious actions? A: The NYPD’s stop-and-frisk practices raise serious concerns over racial profiling, illegal stops and privacy rights. An analysis by the NYCLU revealed that innocent New Yorkers have been subjected to police stops and street interrogations more than 4 million times since 2002, and that black and Latino communities continue to be the overwhelming target of these tactics. The problem lies in defining how an officer can rise to the level of “reasonable suspicion.” They must have “specific and articulable” facts for the reasonable suspicion. However, the specific and articulable” facts can be vague when it comes to NYPD policies. The stop and frisk form defines some “specific and articulable” facts as someone having “furtive movements” or wearing clothes associated with a crime. Q: Who is a typical person to be stopped and frisked? Why is that?A: In 2012, 55% of the people stopped were African American, and 32% were Hispanic, even though these two groups make up only 52% of the city’s population. While these statistics don’t automatically prove racism, they do raise alarm bells that racism might be an influential factor here. The vagueness of the “specific and articulable” facts on an NYPD stop and frisk form can make it easier for a police officer to stop a person on a hunch. This is dangerous because a hunch can be aligned with racism, since officers can notice a person’s race much more easily than they can notice other features.

Interview: Questions & Answers ContinuedQ: Do you know a good court case with stop and frisk? A: Terry v. Ohio is the U.S. Supreme Court case that defines the constitutional parameters for our current stop and frisk policy, and therefore it is an essential case to review when one wants to understand the legal arguments behind stop and frisk. Q:What appeals to you most about this topic?A: I’ve always had an interest in constitutional law, and this is an issue that I feel highlights some interesting aspects of the 4th Amendment, which is the balance between security and privacy. I am also interested in issues of equality and the 14th Amendment, and feel that this topic brings up much needed reflection and discussion about race and equality in America today. Q: What changes do you feel should be made to stop and frisk?A: I think the remedial policies that come out of Floyd v. City of New York in August 2013 should be interesting to watch. The judge in that case appointed an independent monitor to oversee the stop and frisk reform process. The monitor will help develop reforms to the NYPD’s policies, training, supervision, monitoring and discipline regarding stop and frisk. In addition, a new NYPD stop and frisk form will be developed to include a narrative portion, and a separate explanation for why a frisk or search was performed. There will also possibly be a tear-off form to be given to the person who is being stopped and frisk. The tear-off form will state the reason for the stop, and will include badge numbers of stopping officer and how to file a complaint.

New York Drops Appeal of Controversial Stop & Frisk Ruling

By Ray Sanchez, Hayley Draznin, and Steve Kastenbaum, CNN

Who- Mayor Bill De BlasioWhat-Announces a settlement in long legal battle over

police department’s controversial stop and frisk battles. Where- City HallWhen- Thursday January 30, 2014Why- • The case Floyd vs. City of New York closes year long

legal fight.• Declares overuse of stop and frisk unconstitutional.Why it matters• After years of debate over realizing the cause of stop

and frisk; everyone has come together and a decision has been made.

Follow Up • Court Cases ( Terry v. Ohio &

Floyd v. City of New York)

TwitterFollow @stopandfrisk to receive updates on current stop and frisks occurring.Literature: Criminal Procedure

Law: Police Issues And The Supreme Court - 13 edition

The news. The Call on New York 1in which New Yorkers take to the show and voice their opinion on the topic. Weekdays @9pm

Questions1) What are the circumstances in which lead to a stop?• Suspicious bulge/object. Lurking in an area for a long period

of time.

2) What is the level of proof required on stops and arrests? • Probable Cause

3) What are the specific and articulable facts for police officers? • Fits description, other reasonable suspicion of criminal

activity, or furtive movements and.

References

• "Stop-and-Frisk Campaign: About the Issue." New York Civil Liberties Union. New York Civil Liberties Union, Sept.-Oct. 2013. Web. 26 May 2014.

• Sanchez, Ray, and Haley Draznin and Steve Kastenbaum. "New York Drops Appeal of Controversial Stop & Frisk Ruling." CNN. Cable News Network, 30 Jan. 2014. Web. 26 May 2014.

• "Twitter." Https://twitter.com/. Twitter Inc., Mar. 2006. Web. 26 May 2014.