Religion, Criminal Justice, History

"Stop and Frisk" Please respond to the following:

· Based on the information found in this chapter related to stop-and-frisk, examine two actions as they relate to the Fourth Amendment and the arrest process. In your opinion, which should have the greatest constitutional protection, stop or frisk? Why? Then, use the to research, identify, and examine one stop-and-frisk case from within the last three years. Then share your opinion on the use of stop and frisk. List all sources used.

· Reply to the post of at least one of your classmates with a meaningful reply that compares or contrasts the classmate's post to yours or adds further insight into the topic.  A meaningful Reply will typically contain at least 100 words.

Classmates Post:Bottom of Form

Alyssa Hembree

The textbook describes stop and frisk as “forms of searches and seizures and therefore come under the Fourth Amendment. These searches are less intrusive than arrests, searches, or seizures. In order for a police offers to conduct this, they just need reasonable suspicion, not probable cause”(criminal procedure).

  In order for the stop to meet the guidelines there are two requirements:

1. Circumstances: The officer must observe unusual conduct that allows the officer to think that criminal activity just happened or was about to happen or that the person is armed and dangerous.

2. Initial police action: The officer must announce him/herself as an officer and make the proper inquiries.

When it comes to the frisk, police officers are told to follow a three step procedure which include:

1. Observe

2. Approach and identify

3. Ask questions

However, if the officer does not have concern for safety, then the procedure includes:

1. Conduct a pat-down of the outer clothing

2. If a weapon is felt, confiscate it and arrest the suspect

3. Conduct a full body search after the arrest

In my opinion, I think that the most constitutional protection for an individual should be in the Stop. The fourth amendment states “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 of affirmation, and particularly describing the place to be searched, and the persons or things to be seized”(US Constitution). In the initial encounter the stop, the fourth amendment protects the individual.