STOP & FRISK

Stop and Frisk

Stop and Frisk" is a police action to momentarily detain and search the

body of a person. Under judicial interpretation of the Fourth

Amendment to the United States Constitution, such a search may be

conducted only under circumstances where the officer believes that the

person is armed and dangerous to the officer’s person, or that the person has just committed or is about to commit

an unlawful act.

Terry v. Ohio, 1968A veteran police officer observed three men engaging in conduct that he concluded might be indicative of “casing” a store, that is, preparing to commit a robbery.

When he approached the men to ask them questions, the response from one of them was incoherent.

Fearing that the men might be armed, the officer grabbed hold of one of them and “patted” him down. The pat-down revealed that the man was carrying a gun.

Terry v. Ohio, 1968The Terry decision permits police officers to stop and detain a person based on a “reasonable suspicion” that s/he might be about to commit a crime or is in the process of committing a crime.

It represents a modification of the Fourth Amendment protection against unreasonable searches and seizures granted to private individuals in the Bill of Rights.

Prior to Terry, police officers were required to have a higher level of proof, “probable cause,” before interfering with the liberty of private persons.

Terry v. Ohio, 1968Terry stops, as these

encounters have come to be called, may be conducted based on far less

evidence than that legally required to

justify an arrest, but they may not be

conducted based on groundless hunches

about specific individuals being involved in crime.

Is an anonymous tip grounds for

reasonable suspicion?

Is an anonymous tip grounds for reasonable

suspicion? Florida v. JL, 2000

In a unanimous decision, this case held that a police officer may not legally stop and

frisk anyone based solely on an anonymous tip that simply described that person's

location and what he or she might look like but that did not furnish information as to

any illegal conduct that the person might be planning.

Is running from the police grounds for

reasonable suspicion?

Is running from the police grounds for reasonable

suspicion?

Illinois v. Wardlow, 2000

In a 5-4 decision, the US Supreme Court upheld the stop and frisk,

declaring that the officers’ actions did not violate the Fourth Amendment.

What do you think? I am going to read 6 statements about

Stop and Frisk!

You will walk around the room to state if you:

STRONGLY DISAGREE, DISAGREE, SOMEWHAT DISAGREE

- OR - STRONGLY AGREE, AGREE, SOMEWHAT

AGREE

What do you think?

Stop and Frisk makes people feel more safe.

What do you think?

Stop and Frisk violates

people’s civil rights.

What do you think?

Stop and Frisk gets guns off the streets.

What do you think?

Stop and Frisk targets young

black and Latino men.

What do you think?

Stop and Frisk reduces crime.

Stop-and-Frisk: The High School Senior

https://www.youtube.com/watch?v=01rsXYIXOrU