Preview

Probable Cause And Frisk Essay

Good Essays
Open Document
Open Document
493 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Probable Cause And Frisk Essay
Chapter 8, Article 1: NYPD issues new stop-and-frisk rules Numerous individuals have a vast misconstruing on the variations between Probable Cause and Reasonable Suspicion. Why is it important for people to understand the differences between these two important concepts? Understanding the differences between the two is essential on the grounds that one will result in a lawful search and the alternative will cause an unlawful search and seizure. As a quick definition, according to the textbook, Probable Cause is a law enforcement officer’s belief that supported by evidences and circumstances, that a crime has been, is being, or will be committed (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 205). Whereas, Reasonable Suspicion can be considered to be more of an inclination a law enforcement officer will get (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 237). Reasonable Suspicion is employed when conducting an investigative stop; conversely, Probably Cause is required to arrest or place a suspect into custody (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 237). An officer must have both Probable Cause and Reasonable Suspicion to conduct a stop and frisk. Officers are taught this during their time in …show more content…
Scott Harr, Karen M. Hess, Christine Orthmann, and Jonathon Kingsbury, was the utilization of a proper stop and frisk. As a matter of fact, according to one article, the New York City Police Department, (NYPD), as of 2015, where given new rules, and step-by-step instructions with respect to educating their officers in properly conducting a stop and frisk (Blau, Parascandola, and Tracy, 2015). As indicated by the article, the purpose behind these new principles was a result of most officers exploiting the act of a stop and frisk to violate the rights of certain minority groups (Blau, Parascandola, & Tracy,

You May Also Find These Documents Helpful

  • Powerful Essays

    Perhaps, there is no clearly defined definition of probable cause. However, there are many relevant cases that have been tried and have established guidelines for the determination of what can be construed as probable cause. Two of these are Dumbra v. United States and Brinegar v. United States. The case 1925 case of Dumbra v. United States, the court consented that in order for a search warrant to be granted, the officer who is making the request merely needs to have “reasonable grounds at the time of his affidavit” (Cornell, 2006). The 1949 case of Brinegar v. United States, clearly announces that Probable cause is to be determined according to “the factual and…

    • 1771 Words
    • 8 Pages
    Powerful Essays
  • Better Essays

    We have already gone over the exclusionary rules associated with unwarranted searches and seizures, now we need to look at warranted searches and seizures. The Fourth Amendment requires that no warrants be issued unless based on probable cause by a sworn Affirmation, this applies to all warrants whether they are for search or seizure. In order to understand the concept behind warrants, we must also understand probable cause. The Supreme Court has defined probable cause as more than mere suspicion. The facts an officer is acting upon must be enough to convince the average person that the suspect committed or is committing the offense being investigated. (Worrall, 2012) In the academy they stressed this as less than beyond a reasonable doubt, but more than a hunch; which leaves a large area in between.…

    • 1090 Words
    • 5 Pages
    Better Essays
  • Good Essays

    The 2011 statistics of the Stop-And-Frisk policy reiterated the racist tendencies, predominantly against Blacks, within the state institution of policing during the era of neoliberal justice. The reported Stop-And-Frisk incidences in 2011 numbers are as follow; there were a total of 685,724 incidents reported, Blacks contributed 53% or 350,743 reported incidents to the total, and whereas Whites contributed to…

    • 875 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Imagine innocently walking down the street in a city you’ve lived in your whole life, when all of a sudden you hear the dreaded “woop woop” and see those flashing red and blue lights. The police. They interrogate you, ask your whereabouts, and finally, they “frisk” you. Of course, they find nothing; they rarely do when they search people. Although it’s wrong and demoralizing, you know it’s something you’ll have to get used to as an African American living in New York City.…

    • 1057 Words
    • 5 Pages
    Better Essays
  • Good Essays

    293).” Instead many homes and neighborhoods are overly policed and constantly patrolled by members of law enforcement. Also, discriminatory policies like “Stop and Frisk” allow also police officers to question African American men and women who “look suspicious (Bump, 2016).” Lastly, African American people have had to result giving “the talk” to their children on ways to successfully navigate interactions with police. Tips like “be polite.…

    • 700 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Stop And Frisk Case Study

    • 2011 Words
    • 9 Pages

    “Stop, question, and frisk” is a controversial practice that was used by the New York City Police Department, where a police officer would stop any person acting suspicious, the police officer would question them and if they felt that it rose to the level of reasonable suspicion; they would frisk them for weapons and other contraband. In other states it is known as the Terry stop. Stop-and-frisk was a useful tactic for the NYPD because statistics show that violent crime dropped while this procedure was in place.…

    • 2011 Words
    • 9 Pages
    Good Essays
  • Good Essays

    This paper will show how current “Stop and Frisk” (Terry Stop, SQF) methods exercised presently diverge greatly from the initial precedent allowed in Terry v. Ohio (1968) due to the inability to concretely define reasonable suspicion as well as the broad applications of reasonable suspicion since 1968. The most notable current representation involves The New York Police Department (NYPD) and its policy regarding Terry Stops as a proactive crime prevention and investigative tool (Ridgeway, 2006). Also considering the benefits shown in Ultimately, reasonable suspicion needs…

    • 983 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    The concept of search warrants, probable cause, and searches go hand in hand as part of the legal system. Each step makes the next step part of the process. This process gives us certain civil liberties and are all rooted in the 4th Amendment of the Constitution of The United State of America. The following information will interpret, define, and support the legal justification of warrants, probable cause, and searches.…

    • 1796 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Racial Profiling Summary

    • 838 Words
    • 4 Pages

    One could also argue that the president of the U.S, Donald Trump, claimed that the use of stop and frisk reduced crime in NYC. However, what Johnson and Trump fail to realize is that the data they are referring to is all inaccurate because it was based on racial profiling. The use of stop and frisk proved that officers focus more on skin color rather than the behavior of an individual, proving that criminological data will mostly always be inaccurate. According to the accurate data presented by Christopher Mathias, nearly 80% of stops were blacks and Latinos and 13% of them were whites yet, “a weapon was found in only 1.8 percent of blacks and Latinos frisked, as compared to a weapon being found in 3.8 percent of whites frisked.” Over 70% of the stops were blacks and Latinos and still whites had a higher percentage of carrying a weapon, which is over 50% of the cause for…

    • 838 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In the United States of America racial discrimination still exists to this day. Minorities in our country are not seen as equal people. When a person is deprived of their human rights it makes them feel degraded and troubled. In order to become a more civilized country, we must forget the color of our own skin and live with each other as one. In the article “Why Racial Profiling is a Bad Idea” by Tom Head, discusses the way cops pay more attention to those of minority races and how they usually find them guilty of crimes they didn’t commit. Even though many officers will deny their participation in this type of profiling, a lot use this tactic to pull over and arrest Minority races. The article “Racial Profiling Lives On” by Devon Carbado, Cheryl Harris and Kimberle Crenshaw, also displays examples of how racial profiling continues to this day. There are many ways cops can search/arrest African Americans or other Minorities for no reason and still keep from breaking the Fourth Amendment and the authors of “Racial Profiling Lives On” supports there claims with emotional examples that appeal to a pathological type of audience.…

    • 1254 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Many people are being stopped and frisked aggressively and have been stopped for no reason, which the many of the people that are being stopped, do not know their own rights that they can use toward the police officer, so he/she do not have to be patted down. There has to be some solution to this issue, so that these people know what to do when they are stopped by the police. This essay will cover the solution that could happen, but one of biggest issue regarding stop and frisk in New York that will be stated in this essay is that it has been discriminatory toward race and class.…

    • 2993 Words
    • 12 Pages
    Good Essays
  • Good Essays

    “About 80 percent of those who are stopped and frisked are Black and Latino” (Hicks). The record breaking numbers have even prompted civil rights activists, leaders, and elected officials to protest several times. The public has had enough of this silence and has begun speaking out against New York’s police departments. “It’s racial profiling, it’s racism, and it’s having dire consequences in our city” (Taylor). Racial profiling is a tactic that humiliates and dehumanizes New Yorkers. Stop and frisk is a program that was made to protect society, but the NYPD has been taking advantage of it instead. The NYPD has also been criticized for illegally stopping bystanders with stop and…

    • 1047 Words
    • 5 Pages
    Good Essays
  • Good Essays

    There have been ongoing debates about the guidelines for police officers when conducting discretionary searches. One police department that has been in the headlines for its practices of discretionary searches have been the New York City’s Police Department. New York City’s Stop and frisk policy allowed police officers to stop and search an individual on the street at their discretion based on suspicion of criminal activity. One of the most highly publicized cases of NYPD’s stop and frisk tactic was the 2014 death of Eric Garner in the hands of Staten Island Police Department. The Eric Garner’s case followed outpours from citizens calling for change in NYPD’s stop and frisk guidelines and other police departments as well. This week’s article…

    • 632 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Stop and Frisk

    • 514 Words
    • 3 Pages

    The first thing to take into account is the actual number of arrests using the given statistics. This means that in 2002 there were 11,446 arrests compared to 20,330 arrests made in 2008. During this time the total population only grew by about 300,000 citizens or about 1.5%. The increase of arrests was definitely due to policy change, as is illustrated when comparing population growth numbers by the increase in people actually stopped and those arrested.…

    • 514 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Police Carding Essay

    • 1248 Words
    • 5 Pages

    Carding is the practice in which the police gather contact cards through random police checks in an attempt to collect information about individuals that are stopped and questioned. This information is stored in a program that helps the police identify individuals who are suspected of criminal activity by referring back to their whereabouts, who they were accompanied by, and personal information at the time they were carded. Many Torontonians are familiar with this practice as they have personally been involved in the process, witnessed it in their communities or learned about it through media’s increased coverage of the practice. Recently the Toronto Police has come under a lot of scrutiny over allegations of racial profiling, primarily of…

    • 1248 Words
    • 5 Pages
    Good Essays