[quote]clinton131 wrote:
AC,
The United States Supreme Court disagrees with you (Terry v. Ohio). “Stop and Frisk” is not a clear violation of our civil rights. You and others on this forum may not agree with it but the Supreme Court of the land has ruled on this. An officer can stop a suspect on the street and frisk him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person may be armed and presently dangerous.
Now that said, I do agree that “Stop and Frisk” tactics can be abused or misused by LE. I think where we, as LEOs, get ourselves into conflict with what the Supreme Court has outlined as permissible, is when we fail to clearly articulate what our “reasonable suspicion” is when we conduct these warrantless searches. Merely stating “officer safety” is not sufficient and I cringe as a supervisor when I hear or read this in an officer’s report as to why they conducted a warrantless search.
If these searches continue to be abused or misused the Courts can just as easily take this “tool” away from us, especially if there are enough incidents where the abuse or misuse “shocks the public conscious”. Departments need to train and revisit this topic often in order to keep their personnel within the scope of what the Supreme Court intended these tactics to be used under.[/quote]
Come on, Clinton. How seriously and often would police officers have to screw up for the government to ban these things? I mean, really, courts aren’t going to take much from police officers because without the funds and statistics police officers bring in, courts will have to lay off people. A court is going to give the officer the benefit of the doubt 99.9% of the time, no matter how ridiculous his reasons.
“An officer can stop a suspect on the street and frisk him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person may be armed and presently dangerous.”
-This requires both a reasonable suspicion that a person has or is about to commit a crime AND a reasonable belief that the person is armed AND PRESENTLY dangerous.
In the academy, a potential officer probably hears exactly that and is asked to sign off on it. Immediately after and for the remainder of his career, he probably hears about ways to get around that. By the time the officer graduates and hits the streets, he has forgotten what he is actually allowed to do(a pat-down) and believes he can SEARCH(go into pockets, etc.) people for these reasons. He sees his coworkers searching everyone they run into in the ghetto and searching them because they are out late. He starts to believe that being out late is a legal justification for these frisks. He continues to do that and is never called on it because his victims are represented by an attorney being paid for by THE STATE.
I know this is from Wikipedia, but it’s the first thing that popped up when I Googled Terry v Ohio to get a summary of the actual case to post here. Read it and tell me if the majority of “Terry stops” now involve anywhere approaching the level of suspicion that officer had.
Add to all that the fact that children are now brought up to not question the police(DARE programs and what not), and will tend to consent to anything a police officer says, and we are at that point where we can pretty much only act with the permission of the government.