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New York "Stop and Frisk"

In: Social Issues

Submitted By undone
Words 359
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The New York Police Department has been using the “stop and frisk” tactic at an alarming rate. The Fourth Amendment of the United States Constitution protects against unreasonable searches, and the New York City Police Department’s use of “stop and frisk,” in general, stopped people on the street without any reasonable suspicion that the individual had participated in criminal activity. The New York City Police Department’s policy of implementing “stop and frisk” so broadly violates the Fourth Amendment. The Fourth Amendment protects “the right of the people to be secure in their persons… papers, and effects, against unreasonable searches…” The Federal District Court in Manhattan has since opinioned that the New York City Police Department’s use of “stop and frisk” is in violation of the Constitution. The brief nature of the stop and search of the individuals does not make the process reasonable. The act of stopping a citizen in public and questioning and searching him or her no matter how long or short the engagement constitutes a search and as such requires reasonable suspicion. This interpretation is derived from the clear opinion of the Supreme Court stating that a person’s Fourth Amendment protections are not limited to the confines of one’s house, but can be expected as one walks the street or travels the road. Therefore, it is necessary for the United States Court of Appeals for the Second Circuit to affirm the judgment of the district court and guarantee the reformation of the New York City Police Department’s use of the “stop and frisk” tactic. The Fourth Amendment of the United States Constitution and Supreme Court opinions clearly apply in the cases concerning New York City’s “stop and frisk” tactics. There is enough support for the United States Court of Appeals for the Second Circuit to continue the limitations and reforms in the New York City Police…...

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