2 discussion questions(Search and Seizure; Stop and Frisk; Seizure of Persons)

Respond to the following: Answer the discussion(X2). Include at least 2 references.

A good response to a written question should combine your personal experiences with theory to support your work. Be thoughtful and insightful and it must demonstrate critical thinking and analysis. A good response to the question should be about 3-4 paragraphs, and address all of the issues that are raised. (Introduction, body and conclusion.) Thank you. When answering discussion questions use an example in your answer. These examples can be from your own experience or from something you've read in the news, on the internet, or from any other credible source

M2D1: Stop and Frisk

The effectiveness of stop and frisk tactics used by police in controlling crime is both debatable and paradoxical within the context of the Fourth Amendment. Proponents of stop and frisk tactics argue that it has led to falling crime rates, reduced incarceration, and safer neighborhoods. Critics argue that no research has ever proven the effectiveness of stop and frisk programs, that is, that they actually reduce murders and take more guns off the streets. Instead, critics argue, they erode trust between the police and communities, and they are discriminatory

Respond to the following:

Study the Bellin article (Attachment) and the “Stop and Frisk Facts”(below) in your readings, and then address the following:

https://www.nyclu.org/en/stop-and-frisk-facts

1. Discuss the Fourth Amendment paradox that may exist in evaluating the effectiveness of the stop and frisk efforts within the New York City Police Department as posited in the Bellin article and in your other readings

M2D2: The Final Word on Criminal Procedure

The Fourth Amendment prohibits unreasonable searches, but it does not clearly define the meaning  of unreasonable.  Generally, the police can stop a person when they have a reasonable suspicion that criminal activity may be afoot. They can also frisk a person when they have a reasonable belief that a person may be armed and dangerous.  Additionally,  a person can be searched if the person has been lawfully arrested, either on a warrant or if the officer has probable cause to believe that a suspect has committed a felony. A search can extend to the person, place, and things under that person's immediate control. However, a more extensive search, for example, of various rooms in the house beyond the immediate room in which he was arrested, usually requires a search warrant. In applying these rules, the courts try to balance the need of public safety with an individual’s Fourth Amendment rights.

Respond to the following:

View the video https://www.youtube.com/watch?v=6_3c5lqYAl8

and then address the following:

2. Based upon what you have read, watched in the video, and researched on your own, name at least two exceptions to the 4th amendment (warrantless search) that do not violate the constitution. Describe the scenario and explain why it is not a violation.