Josue Torres
Research Methods
Against Stop & Frisk
I am aware that here in New York we are surrounded by all types of people and of all cultures and races but why if this is so and we have our Constitution as it is written do we have to deal with this Stop and Frisk situation. I believe this is an invasion of space and privacy and that this violates our rights as citizens of this country. The Stop and frisk program is being done by the New York Police Department. They are stopping thousands of people and are searching for contraband and weapons.
This type of searches happens when police see a suspicious person trying to commit a crime, so they stopped them before it happens. The police …show more content…
frisk the person which means they pat them down; they search for weapons and then begin to ask the person questions. Which I believe invades our rights as citizens and makes people feel picked on and the first thing that I can think of as a human being is why me?, I understand that they have a description but they should have better guidelines regarding this matter because there are a lot of people who they stop which are innocent.
I can understand when it is said that is it is used because the stops and frisks are greatly less invasive than full-blown arrests and searches, and that it is a shorter process instead of being booked and taken to the police precinct rather than just searched and if the person has nothing then they may go free, but if the officer gets further evidence during the frisk, the stop may lead to an arrest. But it should have more specific information because every Hispanic and Black person will always have a resemblance with each other.
The NYPD’s while doing this they raise a lot of concerns and especially it is being seen as racial profiling and it is and invasion of privacy. According to an analysis done by NYCLU it stated that more than four million New Yorkers have been stopped on the streets and interrogated since 2002. Most of the people being stopped are Latinos and Blacks.
This reasonable suspicion is not based with specific facts but from the hunches from New York Police officers. According to the Huffington Post 2011 there were 700,000 New Yorkers who were pulled over for stop and frisk searches and 87 percent were Hispanic or Black and of that percentage 90 percent were deemed innocent
This to me is an invasion of privacy and it goes against our Fourth Amendment which prohibits illegal search and seizures, it also requires a warrant to be issued and must be used with specific information regarding the suspicion and it cannot just be any suspicion it has to be supported by probable cause. These stops are not near what the law says. They are going about this the wrong way the law should be taken seriously and not tweaked because then society will turn into chaos.
I understand that the Stop and frisk law has been a New York Police Department tool for decades, but in recent years it has made an increased amount of disapproval and debate because of the disturbing rate in communities of color, who often feel under attack and harassed by the police. Minorities make up of most of the percentage of people searched in primarily white neighborhoods
There was even a federal Judge named Shira Scheindlin On August 12 who ruled the New York Police Department’s policy of “stop, question and frisk” unconstitutional and racially discriminatory. According to judge New York City police policy known as “stop-and-frisk.” After weeks of testimony and evidence presented in the case of Floyd v. City of New York, she ruled that stop-and-frisk violated individuals’ Fourth Amendment right to privacy and Fourteenth Amendment right to equal protection under the law.
This all happened because of Floyd, an African American man, said that on February 27, 2008, he was walking on the path adjacent to his house in the Bronx and he met the basement tenant, also an African–American man, who indicated that he was locked out of his apartment and asked him for help because Floyd 's godmother owned the building.
Floyd went upstairs to got some keys to the basement lock then he and his tenant went to the basement apartment door and started trying the various keys.
They thought that he was trying to break into the house and the officer then stated he was never searched which was a lie as well as said that they were not aware of any quotas needed to be met, which of course was a lie. There was also the case with David Ourlicht, who is an African–American and Italian; he said that around 10 a.m. June 6 2008, he was sitting on a bench with an African–American male friend, outside housing complex in Harlem in New York. Ourlicht then noticed two men in uniform walking through the complex.
When the two officers reached the corner, they turned around drew their weapons and started screaming to get down on the floor and said it was a gun around them. Everybody get on the floor then a blue van arrived with four officers. All of the police officers started were running and had their guns out and told Ourlicht that they had received reports of a gun in the area. The officers began to search Ourlicht and lifted him by the
belt.
The other people that were there were also told to get down and were also searched. After the men had been lying on the officers told them to get up. Then the police asked them for their ID’s. This was a disaster they had no evidence and they found no gun. This was a disaster and the cops knew it was that is why they lied to cover themselves up and not to be judged as racist. This law is a bad idea and the faster they realize it the better.
We live in America the land of the free and we should feel free at all times as long as we do not break any laws. I am against this law unless it begins to have some type of structure because I understand it is to stop crime but at what cost at peoples free will to be taken away and our children being depicted because of their nationality, what about those who appear a certain race but are not. I have nothing against this law if it is fixed but at this moment there are too many end lose and it should be fixed before it is to late.
References
Stop and Frisk. (n.d.) West 's Encyclopedia of American Law, edition 2. (2008). Retrieved October 10 2013 from http://legal-dictionary.thefreedictionary.com/Stop+and+Frisk
CHAPPELL, K. (2012). Fighting Against NYC 's Stop-and-Frisk Policy. Ebony, 67(11), 29.