Stop-and-frisk

Definition

Stop-and-frisk is a police practice that allows officers to stop a person briefly for questioning and to pat down the person's outer clothing for weapons if they have reasonable suspicion that the person is armed or involved in criminal activity. This practice raises significant questions about the balance between public safety and individual rights, particularly regarding the protection against unreasonable searches and seizures.

5 Must Know Facts For Your Next Test

1. The stop-and-frisk practice was solidified by the Supreme Court's decision in Terry v. Ohio (1968), which upheld the constitutionality of this type of encounter.
2. Critics argue that stop-and-frisk disproportionately affects minority communities and raises concerns about racial profiling.
3. Officers conducting a stop-and-frisk must have reasonable suspicion based on specific facts or observations, not just a vague hunch.
4. In 2013, a federal judge ruled that New York City's stop-and-frisk program was unconstitutional due to its discriminatory application.
5. Supporters claim that stop-and-frisk can be an effective tool for crime prevention and maintaining public safety when used appropriately.

Review Questions

• How does the concept of reasonable suspicion relate to the legality of stop-and-frisk practices?
  • Reasonable suspicion is a key factor in the legality of stop-and-frisk practices because it sets the threshold that law enforcement must meet before stopping an individual. Officers must be able to articulate specific facts or circumstances that justify their suspicion that a person is involved in criminal activity. Without reasonable suspicion, any search or seizure conducted during a stop-and-frisk could be deemed unconstitutional under the Fourth Amendment, which protects individuals from unreasonable searches.
• Analyze the implications of the Terry v. Ohio decision on police practices regarding stop-and-frisk.
  • The Terry v. Ohio decision had significant implications for police practices by establishing a legal framework that allowed officers to conduct brief stops and searches without a warrant if they had reasonable suspicion. This ruling provided law enforcement with more flexibility to address potential threats, but it also raised concerns about accountability and civil liberties. The case created a precedent that still shapes how courts evaluate the constitutionality of stop-and-frisk encounters today, emphasizing the need for officers to document their reasoning behind such actions.
• Evaluate how the criticisms surrounding stop-and-frisk practices reflect broader societal issues related to race and policing.
  • Criticisms surrounding stop-and-frisk practices highlight broader societal issues related to race and policing by revealing systemic inequalities within law enforcement. The disproportionate targeting of minority communities during these encounters has sparked debates about racial profiling and the impact of policing strategies on community relations. These critiques not only challenge the efficacy of stop-and-frisk as a crime prevention tool but also raise ethical questions about justice and equality in law enforcement, prompting calls for reform and more equitable policing practices.

Related terms

Fourth Amendment: The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures, requiring law enforcement to have probable cause or a warrant.

Reasonable Suspicion: A legal standard used in criminal procedure, indicating that law enforcement has specific and articulable facts to suspect a person is involved in criminal activity, which is less than probable cause.

Terry v. Ohio: A landmark Supreme Court case that established the legality of stop-and-frisk practices when police officers have reasonable suspicion that a crime is occurring.