STOP AND FRISK

1. STOP AND FRISK Terry v. Ohio and NY City Stop and Frisk Policy

2. Last Class We Talked About…. • Miranda Rights • False Confessions This Class We Will Talk About…. • Terry Stops • NY Stop and Frisk

3. It All Comes Back to Terry • Terry v. Ohio, 392 U.S. 1, 21, 88 S. Ct. 1868, 20 L. Ed.2d 889 (1968) • Stop and Frisks are allowed in different circumstances than an arrest or seizure of property

4. Terry Facts • Ohio, 1968 • A plainclothes police officer saw 3 men acting strangely outside a store • 2 of the men walked up and down several times looking in the same store window • A 3rd man walked up, had a short whispered conversation and then walked away • The police officer suspected them of “casing” the store to rob it • He walked up to them, told them he was a police officer and patted them down outside their coats • 2 of the men had guns and he arrested them

5. 4th Amendment • The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

6. Supreme Court Holding • The police officer was conducting a reasonablesearch • Limited in scope: only the outside of the coats until he felt a gun • Due to his experience, the strange way the men were acting, and the overall circumstances the police officer was reasonable in suspecting them and taking action • Stop and Frisk is constitutional where there is “reasonable suspicion of involvement in criminal activity”

7. Proof Standards • Highest: Conviction • Middle: Warrant • Lowest: Terry Stop

8. Proof Standards • Highest: Conviction, beyond a reasonable doubt. Judge, Jury. • Middle: Warrant, probable cause. Police Officer, Judge, Prosecutor. • Lowest: Terry Stop, reasonable suspicion. Police Officer.

9. NY Stop and Frisk Policy Debate • Step 1: Read articles silently to yourself.

10. NY Stop and Frisk Policy Debate • Step 1: Read articles silently to yourself. • Step 2: count off, 1-3. • Step 3: meet in your groups and discuss your arguments. • Group 1 is pro keeping the stop and frisk policy • Group 2 is against keeping the stop and frisk policy • Group 3 are the Mayors of NY City. You get to decide if the policy stays, goes, or stays but changes in some way. • NOTE: This is a policy debate not just a legal one. It is important to think about the general concerns of crime and safety as well as racial profiling.

11. NY Stop and Frisk Policy Debate • Step 4: Break up into groups of 3, 1 person from Group 1, 1 person from Group 2, and 1 person from Group 3. • Step 5: Each person from Group 1 and 2 will take turns going through the arguments. At the end they will discuss if there is anyway to compromise. • Step 6: After hearing from both sides the Mayors will make their decisions and explain to the class why they decided the way they did.

12. Real NY Case • A federal judge declared the NY stop and frisk policy unconstitutional as it was targeting minorities in traditionally minority neighborhoods. • The new Mayor of NY, De Blasio, decided to reform the policy in accordance with what the judge said and to settle cases pending on the issue. • This does not mean that stop and frisk itself is unconstitutional but rather that the NY police were implementing it in a way that violated the constitution.

13. Seattle • Seattle also deals with this issue. Have you, or do you know someone who has been stopped by the police? What did they do? What did you do? • Federal Department of Justice recently investigated Seattle Police for unconstitutional policies and practices. • How will the ruling in NY affect Seattle’s use of stop and frisk?