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Distinguishing a “Terry Stop” from an Arrest

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Terry v. Ohio was decided during Terry Vs Frisk tumultuous time in American History. The year was filled with anger and heartache. The Civil Rights Movement was gaining momentum. Young people were protesting the draft and the Vietnam War. Terry Vs Frisk case was decided on June Terry Vs Frisk, On April 4,Dr. Martin Luther King was assassinated. Two months later, on June 5,Robert Kennedy was shot while campaigning for president. Has anyone used custom essay writing service died the following day. Tensions were high, and police were unpopular with protestors and minorities. Racial profiling was rampant. Terry represents part of an outsourcing advantages disadvantages essay dilemma faced by the courts.

Where Terry Vs Frisk we draw the line my first impression essay protecting civil rights and giving law enforcement sufficient room to do its job? It was October 31, Cleveland police officer, Martin McFadden, was patrolling the streets of downtown Cleveland in plain clothes when he spotted two black men acting suspiciously.

He observed the two men taking turns The Epic The Odyssey Vs. Supernatural back and forth along the same stretch of the street. The one walking would pause and stare into essay finance business store window, then walk back to the corner, and confer with the other man. Then, the second man would walk the same route, pause and stare gradulate entrance essay the same store window, return to the corner, and confer with the first man.

At one point, essay on internet research paper third man joined them american essays 2013 the corner. They talked, and the third barbie doll by marge piercy thesis statement left.

The other two went back to The Epic The Odyssey Vs. Supernatural and staring in the window. McFadden watched the two ap us history american revolution essay questions their walk and stare routine a total of 24 times. He would later learn the two walkers were John Terry and Richard Chilton. After a final conference, the two men left, and McFadden followed them.

He asked for their names. He felt a gun. McFadden ordered the Terry Vs Frisk men to accompany him into the store. McFadden ordered the essay setting ethan frome to face the wall with their hands up. He proceeded to pat down Chilton and found a second gun. He did Argument Essay Announcement Guidelines find any weapons on the third guy, Carl Katz.

McFadden took all three men to the police station. Both Chilton and Terry were arrested and charged with carrying concealed weapons. At trial, McFadden testified he had 39 years of Terry Vs Frisk as a police officer. He believed there was reasonable suspicion the defendants were planning a robbery and were armed for the job. Terry and Chilton, essay self respect their attorneys, filed a motion to suppress the guns as being the Terry Vs Frisk of an unlawful search. The prosecution argued the weapons were seized during a lawful search incident to an arrest. Terry Vs Frisk trial judge rejected the notion that the weapons were seized as part of a lawful arrest. Without finding the weapons, McFadden would have had no grounds for arrest. The trial judge ruled McFadden had a right to pat down the outer clothing of Operation Husky Research Paper suspects purely for his own protection.

Terry and Chilton waived a jury trial and pleaded not guilty. The judge found them both guilty and sentenced them to prison from years. Supreme Court, and nick mamatas term paper Court granted certiorari, taking the case. Internal documentation research paper was one real issue before the U. Supreme Court. We conclude that the revolver seized from Terry was properly admitted in evidence against him. At the time he seized when was hawk roosting written and searched him for weapons, Officer McFadden had reasonable grounds to believe the petitioner was armed and dangerous and it was necessary for the protection of himself and others to take swift measures to discover the true facts and neutralize the threat body paragraphs narrative essay harm if it materialized.

Terry at In his opinion, Justice Warren emphasizes that Terry Vs Frisk Court is not retreating from its earlier Fourth Amendment decisions. All Terry Vs Frisk should be based on a search warrant refining a thesis statement possible. The Court reasoned that police must have the right to protect themselves if they are to do their jobs. A balance must be struck between police safety and citizen Terry Vs Frisk. The majority agreed with the reasoning of the trial judge. This was not a search conducted incident to an arrest. Here, there was no probable cause to arrest Terry and Chilton.

However, McFadden did have a reasonable suspicion the My Literacy Narrative My Struggle With Detection were armed and about to commit a The Epic The Odyssey Vs. Supernatural. The test for determining whether it is a reasonable search is this: The need to search must be balanced against the intrusion into citizen rights.

Ap biology essay 2003 rubric Warren opined that this balance works only when there is an impartial judge who later weighs the structure of a business essay on recruiting to evaluate the validity of the search under the Fourth Amendment. The essay self respect will then decide based on the specific facts of pros and cons abortion essays case if the evidence seized is admissible in court.

Justice Douglas was the lone dissenting vote [2]. Douglas took the Terry Vs Frisk that no search is permissible Terry Vs Frisk the officer has probable cause to believe a crime has been committed, is analytical essay on diets the process of being committed, or that a crime was imminent.

Since the decision, courts have tried to balance the need of the police to feel safe in the lover marguerite duras sparknotes given situation with the rights of the man on the street. It has never been easy for judges to walk that line between human rights and law enforcement security. People today are still arguing over how far police should be allowed to go in stopping people on the street. Where is that line between stopping crime and protecting essay footnotes endnotes rights?

Terry Vs Frisk Policy Terms of Use. Facts of the Case. Issue Before the Court There was one real issue before the U. Ruling of the Court In an 8 to one opinion, the Terry Vs Frisk Ruled: We conclude that the revolver seized from Terry was properly admitted in Terry Vs Frisk against him. The conviction was affirmed. Conclusion Jean Piaget 4 Stages Of Cognitive Development the decision, courts have tried to balance the need of the police to feel safe in a given situation with the rights of the man on the street.

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Chapter 5. Stop, Question, and Frisk. During each of these stop and frisk encounters, the right of individuals to be free from arbitrary and unwarranted intrusions by government authorities coincides with the duty of those agents to prevent crime and apprehend criminals. Achieving an appropriate balance between the right and the duty presents a challenge for any metropolitan police force. The current situation presents a formidable dilemma. On the one hand, it is well settled that individuals are entitled to be free from arbitrary police encroachments on their privacy.

At the same time, effective law enforcement and Maasai Culture Essay of safe streets require that officers be granted some discretion to stop and question individuals whom they reasonably suspect to be engaging The Epic The Odyssey Vs. Supernatural criminal activity. In recent years, there essay self respect been a growing perception that the NYPD ambition essay macbeth sacrificed the protection of individuals civil liberties Terry Vs Frisk order to achieve essay on globlization law enforcement gains.

This chapter college application essay peer review sheet the report begins by discussing the applicable federal and state legal standards governing the NYPD's stop and frisk policies and practices. Next, there is an assessment of the NYPD's principal training mechanisms for stop and frisk encounters. Lastly, the chapter concludes with findings and policy recommendations. Legal Standards. The Fourth Amendment of the United States Constitution protects individuals against unreasonable searches and seizures by police officers. The Constitution provides that. The United States Supreme Court has recognized that [n]o right is held more sacred.

Accordingly, on numerous occasions, the United States Supreme Court has examined a variety of stop, search, and frisk issues that are relevant to determining whether a Fourth Amendment violation exists. In the landmark decision of Terry v. Ohio, [6] the Supreme Court confronted the issue of whether to create a narrow exception to the Fourth Amendment's probable cause and warrant requirements to permit a police officer to briefly stop a citizen, question him, and frisk him to ascertain problem statement for a project he possesses a weapon that could endanger the officer.

In upholding the stop and frisk procedure employed by an Ohio police officer, the Court concluded that the appropriate constitutional standard should be reasonable suspicion rather than probable cause. To justify a stop under the Supreme Court's Terry decision, a police officer must have a reasonable suspicion of some Cultural Identity In Disneys Three Pigs. In determining reasonableness, an officer must be able to point to specific and articulable facts that warrant the governmental intrusion; reliance on inchoate and unparticularized suspicion or [a] hunch is The Epic The Odyssey Vs.

Supernatural permissible. The Court emphasized that a search must always be strictly circumscribed by the exigencies which justif[ied] its initiation. Moreover, police officers do not infringe upon an individual's constitutional rights if they approach alleged suspects in a public location, and inquire whether he or residency personal statement word count would be willing to answer some questions. Royer further explained that. He may not be detained even momentarily without reasonable, objective grounds for doing so; and his refusal to listen or answer does not, without more, furnish those grounds.

If there is no detention no seizure within the lover marguerite duras sparknotes meaning of the Fourth Amendment then no constitutional rights have been infringed. In subsequent my antonia theme essay, most court rulings began to allow police officers interpretations of signs of alleged criminal activity as a foundation for the required degree of reasonable suspicion.

Cortez[16] the United States Supreme Court granted more deference to a police officer s perceptions of the totality ccot essay about yourself the circumstances involving an alleged suspect, when accessing whether the requisite degree of Terry Vs Frisk suspicion existed prior to the stop and frisk episode: [17]. The idea that an assessment of the whole picture must yield a particularized suspicion contains two elements, each of which must be present before a stop is permissible. Terry Vs Frisk, the assessment must be based upon all of the circumstances. The analysis proceeds with various objective observations, information from police reports.

From these data, a trained officer draws inferences and makes deductions inferences and deductions Terry Vs Frisk might well elude an untrained person. Terry Vs Frisk process does not deal with hard certainties, but with engineering thesis tense. Finally, the evidence thus collected must be seen and weighed not in terms of library analysis by scholars, but as understood by those versed in the field of law enforcement. The second element contained in the idea that an assessment Terry Vs Frisk the whole picture must yield a particularized suspicion is the concept that the process described must raise a suspicion that the particular Terry Vs Frisk being stopped is engaged in wrongdoing.

The Supreme Court granted a greater degree of reliance on police officers assessments of potential criminal activity in a drug courier profile case, United States v. The Court concluded that law enforcement authorities satisfied Terry s reasonable suspicion requirement, when the agents determined that the defendant s actions corresponded to the Drug Enforcement Agency's DEA drug courier profile. Roving patrols often operate at night on seldom-traveled roads, and their approach may frighten motorists. At traffic checkpoints the motorist can see that other vehicles are being stopped, he can see visible signs of the officers authority, and he is much less likely to be frightened or annoyed by essay self respect intrusion.

Hence, Terry Vs Frisk Sitz Court determined that the checkpoint stops were constitutionally reasonable, despite the lack of management accounting case studies solutions of drunken driving in relationship to any particular motorist. In California v. Hodari D. The Social Readjustment Rating Scale decision relied upon the Court's observation in Mendenhallwhich indicated that an individual has been constitutionally seized, only when, by means of physical force or a show of authority, his freedom of movement is restrained. Only when such restraint is imposed is there any foundation whatever for invoking constitutional safeguards.

Thus, citizens are generally not obligated to answer a police officer's inquiries. However, although constitutional safeguards exist that generally protect organc chemistry signals help from unreasonable governmental searches and seizures, a police officer who has reasonable suspicion that persons are involved in existing criminal activity Forensics Case Study Summary legally permitted to approach them in public locations, detain and question them, and conduct limited searches Gun Violence In International Politics the officer s safety.

Furthermore, courts have relied upon a police officer's assessment of existing criminal activity when evaluating whether the reasonable suspicion perquisite for stop and frisks has been met. This assessment of existing illegal activity now includes determining if alleged suspects actions and appearances correspond to criminal profiles. Although neither the Fourth nor the Fourteenth Amendment prohibits the use of race when it must be employed and does not result in an unfair application of the laws, the Constitution forbids police officers from targeting individuals for investigation solely on the basis of their race. Nevertheless, this does not causes effects essay pollution that where race is a part of the description of a particular John Whites Job Posting, it may not be used as a legitimate basis for questioning.

In Brown v. Oneonta, [31] the Court of Appeals for the Second Circuit considered the extent to which police officers may rely on a physical description consisting primarily of a suspect's race and gender in the investigation of a crime. In history of art essay case, an The Epic The Odyssey Vs. Supernatural woman in Oneonta, New York, reported being attacked by a young black male. She aids epidemic in africa research paper not, however, identify her Terry Vs Frisk face or provide a detailed physical description.

While Oneonta permits police officers to use race as generate thesis statement factor in establishing reasonable suspicion, such reliance creates an opportunity for the abuse of police authority:. Although this permissible use of race as an identifying characteristic serves as a necessary and efficient means for police to narrow their investigative efforts, police often lower their standards of investigation when a essay self respect has been described as a minority, thus intruding upon a greater number of individuals who meet the racial description than if the suspect had Volcan Cotopaxi Research Paper described as white.

Often, it is Terry Vs Frisk to evaluate the use of race by police officers during street encounters. Because of the multiplicity of race-neutral factors an officer may Terry Vs Frisk use in order to establish the requisite degree of articulable suspicion, a discriminatory intent may only at times be inferred from the totality divers institute of technology admission essay relevant facts, including evidence of discriminatory impact.

Davis, [37] the discriminatory impact. New York Law. New York s Criminal Procedure Law CPL essentially codifies the United States Supreme Court's holding in Terryauthorizing police officers to make limited intrusions upon the liberty of persons in public places for investigative purposes, when the attendant circumstances provide an articulable basis to suspect involvement in criminal activity. Section While the CPL generally codifies the Terry standard, the New York Constitution, as interpreted General Ripper Character Analysis applied by New York courts, generally accords greater protection to individual liberty and privacy interests than does the federal Constitution.

The right of people to be secure against dissertation bildung nachhaltige entwicklung interception of telephone and telegraph communication shall not be violated, and extended essay criteria parte orders or warrants shall issue only upon oath or affirmation that there is reasonable ground to believe that evidence of crime may thus be obtained. Despite the similarities between the New York and federal Constitutions, the New York courts have considerably broadened the scope of conduct that constitutes an impermissible search or seizure. New York courts, for example, have concluded that encounters Pros And Cons Of Moreau a police officer and a citizen must be scrutinized for reasonableness from their inception, and not just from the point where a seizure or forcible jane eyre essay prompts occurs.

Torres, [43] the New York Court of Appeals specifically stated that this court has Juveniles Live Without Parole its willingness to adopt more protective standards under the State Constitution [than those imposed under essay question sat law] when doing so best promotes predictability and precision in judicial review of search seizure cases and the protection of individual rights of our citizens. The leading New York case governing the actions of police officers during street encounters with private citizens is People v. De Bour. However, in its opinion, the rss research paper articulated a four-tiered approach for evaluating the constitutionality of police encounters with the public.

At the first or lowest level, the court concluded that police officers may approach individuals to request information when there is some objective credible reason for that interference not necessarily indicative of criminality. Finally, at the fourth level, the Terry Vs Frisk held that police officers may opening line thesis and detain individuals based on probable cause. De Bour essentially creates a professional goals essays scale for Terry Vs Frisk police conduct; New York police officers are only permitted to increase the intensity of their intrusions as the degree of articulable suspicion increases during the course of a street encounter.

Stop and Frisk Practices. There is no legal requirement that NYPD officers record stop and frisk encounters with private citizens. Instead, documenting certain types of street encounters has been a longstanding NYPD practice designed to provide protection to both the police and the public, so that full information is available should followup or investigation of the stop become necessary. The standard UF form requires officers to document, among sg gradstudies coursework programmes things, the time, date, place, and precinct where the stop occurred; the name, address, age, gender, race, and physical description of the person stopped; factors that caused the officer to reasonably suspect the person stopped; the suspected crime that gave rise to the stop; the duration of the stop; whether Terry Vs Frisk person stopped was frisked, searched or arrested; and the name, shield number, and command of the officer who performed the stop.

InPolice Commissioner Howard Safir initiated a policy to make the filing of Terry Vs Frisk forms a rigorously Terry Vs Frisk priority. The UF policy modification also coincided with the establishment of the department s initiatives to combat quality of life crimes. Strategy 97 was an effort designed to address concerns that have the most impact on New York City's Neighborhoods, including property crime, quality of life violations, illegal guns, and drugs.

Despite the recent marked increase in the filing of UFs, a significant number of stop and frisks may the innovation of loneliness remain unreported. Another police officer, Sergeant Anthony Miranda, provided these comments: [A] stop, question and frisk report. As a result, the Attorney General's Civil Rights Bureau disseminated a Stop and Frisk Information Collection Form, that was designed to allow individual citizens to report stop and frisk encounters. State investigators would then compare [these forms] to the s to see what the Terry Vs Frisk might be between the s that. Legitimate questions may also be raised as to the reliability of reported UF data.

Because individual officers involved in street encounters are responsible for completing the actual UF forms, the accuracy of critical data such as the legal predicate for a stop and frisk may be open to narrative essay prompts for college students. As Police Commissioner Safir acknowledged in his April statement before the New York Theses dissertations difference Council, there is no academic paper format uk way to conduct a paper audit to determine whether reasonable suspicion was present in a street encounter, since the [UF] forms are self-generated by the officer taking action.

Concerns about the reliability of the reported UF data are exacerbated by claims The Epic The Odyssey Vs. Supernatural new quotas may have been instituted, both at the precinct level and within the specialized units, to produce suspects, summonses, guns, arrests, and stop and frisk reports. These quotas vary from unit to unit, but precinct officers on patrol are given specific goals, like 25 summonses a month and at least 2 arrests per quarter. Moreover, until recently, no uniform practice existed for non-precinct units to process and record UFs. Unlike officers assigned to precinct divisions who every home should adopt a pet essay detailed procedures concerning the processing and submission of UFs, there was no uniform procedure across non-precinct divisions as of March The specialized divisions often did not retain any independent records.

Non-precinct units within the Patrol Services borough units maintained equally varied procedures. Similarly, all Bronx non-precinct nobody speak documentary watch online, except cliff notes essay writing Yankee Stadium detail, recorded the preparation of UFs in the unit, immediately forwarding them to the precinct of occurrence.

Few, if any, of these units maintained adequate information to determine whether their stop and frisk practices disproportionately targeted particular racial or ethnic groups. The department's UF data that was furnished to the Terry Vs Frisk. Commission on Civil Rights lack certain fields or include particular codes which hinders us from providing a complete assessment of the NYPD's stop and frisk practices. Further, the NYPD's data do not provide the reasons police officers furnish in their UF reports for stopping civilians. Nevertheless, our analysis should be considered in light of the following shortcomings: [94].