2. • Affects the Fourth
Amendment rights to
people.
• Police may not search or
seize an individual with out
“probable cause”.
• Probable Cause requires
facts or evidence that
would lead to believe that a
suspect has committed a
crime.
• Likelihood that the crime
has taken place.
3. • Furtive
Movements-
Hands in
pocket,
covering face,
whispering to
people.
• Carrying
Objects in Plain
View
• Fits Description
• Actions
Indicative of
Acting As A
Lookout
• Suspicious
Bulge/Object
• Wearing
Clothes/
Disguises
Commonly
Used in
Commission of
4. • New Yorkers subjected to police stops and street
interrogations over 4 million times since 2002.
• Black and Latino communities are the overwhelming
target of these tactics.
• Nine out of 10 stopped-and-frisked New Yorkers have
been completely innocent.
5.
6. Background Information
• Born and raised in New York
City.
• Particularly interested in
constitutional law.
• Lawyer for about four years.
• Video journalist for another
four years.
• Started teaching at Francis
Lewis High School in 2012.
• Taught classes part time for
over 15 years in variety of
settings
• Youth Advocacy Center,
International YMCA Global
Teens, and Baruch College.
7. Q: Why do people believe stop and frisk is the wrong approach for
discovering suspicious actions?
A: The NYPD’s stop-and-frisk practices raise serious concerns over racial profiling,
illegal stops and privacy rights. An analysis by the NYCLU revealed that innocent
New Yorkers have been subjected to police stops and street interrogations more
than 4 million times since 2002, and that black and Latino communities continue to
be the overwhelming target of these tactics. The problem lies in defining how an
officer can rise to the level of “reasonable suspicion.” They must have “specific and
articulable” facts for the reasonable suspicion. However, the specific and
articulable” facts can be vague when it comes to NYPD policies. The stop and frisk
form defines some “specific and articulable” facts as someone having “furtive
movements” or wearing clothes associated with a crime.
Q: Who is a typical person to be stopped and frisked? Why is that?
A: In 2012, 55% of the people stopped were African American, and 32% were
Hispanic, even though these two groups make up only 52% of the city’s population.
While these statistics don’t automatically prove racism, they do raise alarm bells
that racism might be an influential factor here. The vagueness of the “specific and
articulable” facts on an NYPD stop and frisk form can make it easier for a police
officer to stop a person on a hunch. This is dangerous because a hunch can be
aligned with racism, since officers can notice a person’s race much more easily than
they can notice other features.
8. Q: Do you know a good court case with stop and frisk?
A: Terry v. Ohio is the U.S. Supreme Court case that defines the constitutional
parameters for our current stop and frisk policy, and therefore it is an essential case
to review when one wants to understand the legal arguments behind stop and frisk.
Q:What appeals to you most about this topic?
A: I’ve always had an interest in constitutional law, and this is an issue that I feel
highlights some interesting aspects of the 4th Amendment, which is the balance
between security and privacy. I am also interested in issues of equality and the 14th
Amendment, and feel that this topic brings up much needed reflection and
discussion about race and equality in America today.
Q: What changes do you feel should be made to stop and frisk?
A: I think the remedial policies that come out of Floyd v. City of New York in August
2013 should be interesting to watch. The judge in that case appointed an
independent monitor to oversee the stop and frisk reform process. The monitor will
help develop reforms to the NYPD’s policies, training, supervision, monitoring and
discipline regarding stop and frisk. In addition, a new NYPD stop and frisk form will
be developed to include a narrative portion, and a separate explanation for why a
frisk or search was performed. There will also possibly be a tear-off form to be given
to the person who is being stopped and frisk. The tear-off form will state the reason
for the stop, and will include badge numbers of stopping officer and how to file a
complaint.
9. Who- Mayor Bill De Blasio
What-Announces a settlement in long legal battle over
police department’s controversial stop and frisk battles.
Where- City Hall
When- Thursday January 30, 2014
Why-
• The case Floyd vs. City of New York closes year long
legal fight.
• Declares overuse of stop and frisk unconstitutional.
Why it matters
• After years of debate over realizing the cause of stop
and frisk; everyone has come together and a decision
has been made.
10. • Court Cases ( Terry v. Ohio &
Floyd v. City of New York)
Twitter
Follow @stopandfrisk to
receive updates on
current stop and frisks
occurring.Literature: Criminal Procedure Law:
Police Issues And The Supreme Court
- 13 edition
The news.
The Call on New York 1in
which New Yorkers take to
the show and voice their
opinion on the topic.
Weekdays @9pm
11. 1) What are the circumstances in which
lead to a stop?
• Suspicious bulge/object. Lurking in an area for a long period of
time.
2) What is the level of proof required on
stops and arrests?
• Probable Cause
3) What are the specific and articulable
facts for police officers?
• Fits description, other reasonable suspicion of criminal activity,
or furtive movements and.
12. • "Stop-and-Frisk Campaign: About the Issue." New York
Civil Liberties Union. New York Civil Liberties Union,
Sept.-Oct. 2013. Web. 26 May 2014.
• Sanchez, Ray, and Haley Draznin and Steve
Kastenbaum. "New York Drops Appeal of Controversial
Stop & Frisk Ruling." CNN. Cable News Network, 30 Jan.
2014. Web. 26 May 2014.
• "Twitter." Https://twitter.com/. Twitter Inc., Mar. 2006.
Web. 26 May 2014.
