PoliticalChic
Diamond Member
1. "Stop and Frisk" was an eminently successful program, and served the purpose of getting guns, and thugs off the street, reducing crime, and making the black and Hispanic communities safer.
A argument against it can, and was, made by folks who said, even though it worked, it was unfair to the majority minority individuals subject to said search.
2. It has been found constitutional to stop and question an individual:
" So long as a reasonable person would feel free "to disregard the police and go about his business," California v. Hodari D., 499 U. S. —, — (1991) (slip op., at 6), the encounter is consensual and no reasonable suspicion is required. The encounter will not trigger Fourth Amendment scrutiny unless it loses its consensual nature. The Court made precisely this point in Terry v. Ohio, 392 U.S. 1, 19, n. 16 (1968): "Obviously, not all personal intercourse between policemen and citizens involves `seizures' of persons. Only when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen may we conclude that a `seizure' has occurred."
In Florida v. Royer, 460 U.S. 491 (1983) (plurality opinion), for example, we explained that "law enforcement officers do not violate the Fourth Amendent by merely approaching an individual on the street or in another public place, by asking him if he is willing to answer some questions, by putting questions to him if the person is willing to listen, or by offering in evidence in a criminal prosecution his voluntary answers to such questions." Id., at 497; see id., at 523, n. 3 (Rehnquist, J., dissenting)." Florida v. Bostick 501 U.S. 429 1991
While very few are in favor of a police state,' most reasonable folks assign a degree of latitude to the experience and rectitude of police officers.
As a matter of fact, where one stands on 'Stop and Frisk' seems related to where one resides on the Liberal-conservative spectrum.
3. Based on the rights of an individual, the 'Broken Window' theory of policing seems more impregnable than 'Stop and Frisk,' as it is based on enforcing laws and targeting criminals.
a. "The broken windows theory is a criminological theory of the norm-setting and signalling effect of urban disorder and vandalism on additional crime and anti-social behavior. The theory states that maintaining and monitoring urban environments in a well-ordered condition may stop further vandalism and escalation into more serious crime... an ordered and clean environment – one which is maintained – sends the signal that the area is monitored and that criminal behavior will not be tolerated.."
Broken windows theory - Wikipedia the free encyclopedia
4. Here in NYC, the election of a far Left Mayor, and even further Left adviser, and the inadvertent death of Eric Garner have put the spotlight on "Broken Windows" theory.....
" Just months after the choking death of Eric Garner at the hands of New York City police officers, the NYPD’s commissioner has called for a “fundamental shift in the culture of the department.” NYPD calls for fundamental shift after Garner s chokehold death MSNBC
A argument against it can, and was, made by folks who said, even though it worked, it was unfair to the majority minority individuals subject to said search.
2. It has been found constitutional to stop and question an individual:
" So long as a reasonable person would feel free "to disregard the police and go about his business," California v. Hodari D., 499 U. S. —, — (1991) (slip op., at 6), the encounter is consensual and no reasonable suspicion is required. The encounter will not trigger Fourth Amendment scrutiny unless it loses its consensual nature. The Court made precisely this point in Terry v. Ohio, 392 U.S. 1, 19, n. 16 (1968): "Obviously, not all personal intercourse between policemen and citizens involves `seizures' of persons. Only when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen may we conclude that a `seizure' has occurred."
In Florida v. Royer, 460 U.S. 491 (1983) (plurality opinion), for example, we explained that "law enforcement officers do not violate the Fourth Amendent by merely approaching an individual on the street or in another public place, by asking him if he is willing to answer some questions, by putting questions to him if the person is willing to listen, or by offering in evidence in a criminal prosecution his voluntary answers to such questions." Id., at 497; see id., at 523, n. 3 (Rehnquist, J., dissenting)." Florida v. Bostick 501 U.S. 429 1991
While very few are in favor of a police state,' most reasonable folks assign a degree of latitude to the experience and rectitude of police officers.
As a matter of fact, where one stands on 'Stop and Frisk' seems related to where one resides on the Liberal-conservative spectrum.
3. Based on the rights of an individual, the 'Broken Window' theory of policing seems more impregnable than 'Stop and Frisk,' as it is based on enforcing laws and targeting criminals.
a. "The broken windows theory is a criminological theory of the norm-setting and signalling effect of urban disorder and vandalism on additional crime and anti-social behavior. The theory states that maintaining and monitoring urban environments in a well-ordered condition may stop further vandalism and escalation into more serious crime... an ordered and clean environment – one which is maintained – sends the signal that the area is monitored and that criminal behavior will not be tolerated.."
Broken windows theory - Wikipedia the free encyclopedia
4. Here in NYC, the election of a far Left Mayor, and even further Left adviser, and the inadvertent death of Eric Garner have put the spotlight on "Broken Windows" theory.....
" Just months after the choking death of Eric Garner at the hands of New York City police officers, the NYPD’s commissioner has called for a “fundamental shift in the culture of the department.” NYPD calls for fundamental shift after Garner s chokehold death MSNBC