Abstract
This chapter focuses on the topic of stop-and-frisk. Stop-and-frisk describes an encounter where one (i.e., a civilian) is stopped and frisked without giving consent for the exchange with an officer. Stops-and-frisks are related to the Fourth Amendment and the 14th Amendment, respectively. With that being said, civilians and/or citizens who are stopped are astronomically people of color, and there has been protest and legal contest regarding the matter. After exploring those issues, a brief discussion of solutions and recommendations will take place.
TopIntroduction
“Much of American law itself, whether we’re aware of it or not, is codified to protect the very system of white supremacy pioneers like Thurgood Marshall and Pauli Murray aimed to dismantle” (Sharpton, 2022, p. 180).
“Collective memory is a community’s shared narrative of the past … […] lieux de memoire [or] sites of memory” (Berman, 2022, p. 482).
Cases like Terry v. Ohio or Floyd v. the City of New York (Berman, 2022; Keenan & Thomas, 2014; Kim, 2016; Newberry, 2017; White & Fradella, 2016), and everything in between and thereafter address issues that have arisen regarding an officer stopping a civilian; and frisking them with low standards of probable cause and adequate standards of reasonable suspicion (Kim, 2016; Rudovsky & Rosenthal, 2013) of criminal activity (Rudovsky & Rosenthal, 2013), or that they are armed and dangerous (Rudovsky & Rosenthal, 2013). These encounters not unlike an assault are carried out without consent (Keenan & Thomas, 2014), although they are to be non-intrusive (Kim, 2016) and completed with sensitivity (White & Fradella, 2016); often they are not. In most cases, police basically stop the civilian, frisk them looking for weapons, stolen items, etc.; and then usually let them go (Berman, 2022; Keenan & Thomas, 2014; Newberry, 2017; White & Fradella, 2016). Often, these stops prove to be fruitless (Berman, 2022) though approved by the Supreme Court in 1968, and contentious (Rudovsky & Rosenthal, 2013; White & Fradella, 2016). Still, pat-downs continue and a brief pat-down is called a “Terry Stop” (Keenan & Thomas, 2014; Kim, 2016; White & Fradella, 2016).
Key Terms in this Chapter
Brownsville Blitz: In 2010, it was reported that over the course of four years, the NYPD had swarmed the area of Brownsville and there were 52,000 stops within only a few project buildings and several blocks. There were concerns that citizens’ Fourth Amendment rights were being violated.
Stop-and-Frisk: When a police officer or agent of the law stops an individual/pedestrian, and frisks them for contraband, etc.
Terry Stop: An officer must have reasonable suspicion to stop an individual and detain them for a short period of time – usually that suspicion is involvement in a crime.
Fourth Amendment: United States citizens have the right against any type of unlawful search and/or seizure.
Fourteenth Amendment: Addresses citizenship, equal protections, privileges and immunities and the like.