Stop and Frisk

Glenn Quagmire

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Apr 30, 2012
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In the news this past week is the so called "Stop and Frisk", or "Stop, Question, and Frisk" In New York. There is a class action case being tried there now.

"NEW YORK (AP) — Many of the tens of thousands of New Yorkers stopped, questioned and sometimes frisked by police in the past decade were wrongly targeted because of their race, lawyers for four men who claim they were illegally stopped said Monday.

But New York Police Department lawyers countered that officers must go where the crime is — and the crime is overwhelmingly in minority neighborhoods.

A civil trial that began Monday in federal court in Manhattan will examine the police tactic that has become a city flashpoint, with mass demonstrations, City Council hearings and mayoral candidates calling for change. The lawsuit, now a class-action, seeks a court-appointed monitor to oversee changes to how the police make stops."

There are numerous well written articles on the subject and practice in the New York Times:

http://topics.nytimes.com/top/reference/timestopics/subjects/s/stop_and_frisk/index.html

This was from July/2010:

"These encounters amounted to nearly one stop a year for every one of the 14,000 residents of these blocks. In some instances, people were stopped because the police said they fit the description of a suspect. But the data show that fewer than 9 percent of stops were made based on “fit description.” Far more — nearly 26,000 times — the police listed either “furtive movement,” a catch-all category that critics say can mean anything, or “other” as the only reason for the stop. Many of the stops, the data show, were driven by the police’s ability to enforce seemingly minor violations of rules governing who can come and go in the city’s public housing.

The encounters — most urgently meant to get guns off the streets — yield few arrests. Across the city, 6 percent of stops result in arrests. In these roughly eight square blocks of Brownsville, the arrest rate is less than 1 percent. The 13,200 stops the police made in this neighborhood last year resulted in arrests of 109 people. In the more than 50,000 stops since 2006, the police recovered 25 guns.

Greg Jackson, 58, a former professional basketball player who runs the Brownsville Recreation Center, said the rising tide of stops had left many who wanted a strong police presence here feeling conflicted.

“Do we welcome the police?” he said, “Of course I do. Ninety-nine percent of the people in the area do. But they also fear the police because you can get stopped at any time.”

New York is among several major cities across the country that rely heavily on the stop-and-frisk tactic, but few cities, according to law enforcement experts, employ it with such intensity. In 2002, the police citywide documented 97,000 of these stops; last year, the department registered a record: 580,000."

Bloomberg has some interesting policy positions.

I am interested to hear what others think about this policy. I do know it is used in other places outside of New York.
 
What ever happened to the idea of probable cause? I know that back before the Civil rights act was passed that being somethingnother than white was considered probable cause but I thoughts that in 2013 we might have progressed behind that.
 
Oh, you can talk to most African-Americans in almost any city and you will hear stories of being pulled over for "driving while black"; especially, if he/she was driving a "nice" car. And, this has gone on well past the signing of the Civil Rights Act. After all, the Civil Rights Act will be 49 years old this year. I can not believe that it has been almost 50 years since LBJ signed that bill and gave the "Old" South to the Republican Party.
 
Had a neighbor who had a rebuilt 65 Mustang. Sweet ride. The first time I saw it was on a nice spring day. I asked why he was not trying tell out if it. said he had a broken back up light (other one worked fine) and said he was not in the mood to be harassed by the cops. I had nothing to say. Felt like crap. I have several other friends with similar stories.
 
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This law has been around for quite some time. Here is a journal article dating back to 1967.

http://www.jstor.org/discover/10.2307/1141912?uid=3739680&uid=2129&uid=2&uid=70&uid=4&uid=3739256&sid=21101815387953


Stop and Frisk: An Historical Answer to a Modern Problem
[background=rgb(237, 237, 237)]
Loren G. Stern[/background]
[background=rgb(237, 237, 237)]
The Journal of Criminal Law, Criminology, and Police Science
Vol. 58, No. 4 (Dec., 1967), pp. 532-542
Published by: Northwestern University
Article Stable URL:http://www.jstor.org/stable/1141912[/background]
[background=rgb(237, 237, 237)]
« Previous Item Next Item »[/background]
 
I was stopped, then frisked and cuffed then stuffed

They saw me and my wife walking to the subway station and politely asked if they can search my back pack. I said no. They said they can under the law and i said i do not consent. They put me against the car, frisked me, cuffed me and put me in the back seat and went thru my stuff. My wife consented and had no problem. They questioned and lectured me but i told them i wish to remain silent. They let me go.

It is a crappy law. I dont think the cops like it either. My family said it was likely a quota thing.
 
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There has been a quota in New York City.

"At 'Stop-And-Frisk' Trial, Cops Describe Quota-Driven NYPD"

http://www.npr.org/2013/03/21/174941454/at-stop-and-frisk-trial-cops-describe-quota-driven-nypd
 
Sound like a gay cop thang...Yo'
banana_smiley_115.gif
 
Do you expect anything different in the land of "I'll be the judge of how big of a slurpee you can purchase" !

Oh, you can talk to most African-Americans in almost any city and you will hear stories of being pulled over for "driving while black"; especially, if he/she was driving a "nice" car. And, this has gone on well past the signing of the Civil Rights Act. After all, the Civil Rights Act will be 49 years old this year. I can not believe that it has been almost 50 years since LBJ signed that bill and gave the "Old" South to the Republican Party.
I think the Po Po need to target nothing but whites for 10 years, don't worry about any crime outside of that circle, then in 10 we will be polically correct and all will be right with the world.....................now all together........Kumbaya my friends........Kumbaya.........
Had a neighbor who had a rebuilt 65 Mustang. Sweet ride. The first time I saw it was on a nice spring day. I asked why he was not trying tell out if it. said he had a broken back up light (other one worked fine) and said he was not in the mood to be harassed by the cops. I had nothing to say. Felt like crap. I have several other friends with similar stories.
And you being the good hearted liberal didn't offer to buy him a new bulb? Whoops, my bad ! That money would have had to come out of your pocket...................no government backup bulb replacement program in place yet ! Maybe you could start it !
 
Fourth Amendment caselaw permits police officers to frisk a suspect in close proximity to them, that is, pat the suspect down for weapons, when they reasonably believe that “the persons with whom they are dealing may be armed and presently dangerous.” Terry v. Ohio, 392 U.S. 1, 24 (1968).

The frisk has to be in response to a threat to officer safety like a gun or a knife, not for crime. Once the officer conducts the frisk, if he feels what he thinks is a weapon, he can take strictly circumscribed steps to disable the weapon and therefore protect himself. Minnesota v. Dickerson, 508 U.S. 366 (1993).

At the same time, if he merely thinks that he has come across evidence such as drugs, he can’t frisk to find the drugs. If he has probable cause to believe that he has discovered drugs on a person, he can take the drugs based on the plain view exception, or he can make an arrest and take the drugs as a search incident to arrest. But he can’t rely on the frisk authority to search for and take the drugs.


On April 18, 2012, there was another frisk case in United States v. I.E.V. that found in favor of the defendants, stating that the "Terry" frisk was unjustified.

On a slightly different note, a law enforcement officer does not have to tell you the reason you are being arrested for. Devenpeck v. Alford, 543 U.S. 146 (2004): “While it is assuredly good police practice to inform a person of the reason for his arrest at the time he is taken into custody, we have never held that to be constitutionally required
."

http://www.youtube.com/watch?feature=player_detailpage&v=P0jSSLleGiY
 
Do you expect anything different in the land of "I'll be the judge of how big of a slurpee you can purchase" !


I think the Po Po need to target nothing but whites for 10 years, don't worry about any crime outside of that circle, then in 10 we will be polically correct and all will be right with the world.....................now all together........Kumbaya my friends........Kumbaya.........

And you being the good hearted liberal didn't offer to buy him a new bulb? Whoops, my bad ! That money would have had to come out of your pocket...................no government backup bulb replacement program in place yet ! Maybe you could start it !

When did NY law become the law of the land?

How about the cops target criminals and not just certain races. After all, whites do commit crimes. How many whites are stopped for being white as opposed to the 'other' folks? I know I would not want to trade places, not even for a day.

I offered to help look for one but it is a bit challenging to find a OEM bulb assembly for a 65 Mustang. Beside which, he made a whole lot more money than I did. It had nothign to do with him not being able to afford it, he had a hard time finding it.
 
Do you expect anything different in the land of "I'll be the judge of how big of a slurpee you can purchase" !


I think the Po Po need to target nothing but whites for 10 years, don't worry about any crime outside of that circle, then in 10 we will be polically correct and all will be right with the world.....................now all together........Kumbaya my friends........Kumbaya.........

And you being the good hearted liberal didn't offer to buy him a new bulb? Whoops, my bad ! That money would have had to come out of your pocket...................no government backup bulb replacement program in place yet ! Maybe you could start it !

When did NY law become the law of the land?

How about the cops target criminals and not just certain races. After all, whites do commit crimes. How many whites are stopped for being white as opposed to the 'other' folks? I know I would not want to trade places, not even for a day.

I offered to help look for one but it is a bit challenging to find a OEM bulb assembly for a 65 Mustang. Beside which, he made a whole lot more money than I did. It had nothing to do with him not being able to afford it, he had a hard time finding it.
 
When did NY law become the law of the land?

How about the cops target criminals and not just certain races. After all, whites do commit crimes. How many whites are stopped for being white as opposed to the 'other' folks? I know I would not want to trade places, not even for a day.

I offered to help look for one but it is a bit challenging to find a OEM bulb assembly for a 65 Mustang. Beside which, he made a whole lot more money than I did. It had nothing to do with him not being able to afford it, he had a hard time finding it.

Probably a 1157...Pull the old one is the best bet........Duh

That's why God created auto part stores and phones.

voted_obama_head_up_ass_photosculpture-p153754262144281070z8wb9_400.jpg
 

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