Keith Mack
The stop-question-and-frisk program, or stop-and-frisk, is a New York City Police Department (NYPD) practice of temporarily detaining, questioning, and searching civilians and suspects on the street for weapons and contraband. While the practice itself is not unconstitutional, it has been ruled that the way it was carried out by the NYPD violated the U.S. Constitution, particularly the Fourth Amendment, which protects citizens from unreasonable searches and seizures. The stop-and-frisk policy has been a subject of controversy, with opponents arguing that it is a form of racial profiling and harassment of Black and Latino citizens.
| Characteristics | Values |
|---|---|
| Ruling | In 2013, US District Court Judge Shira Scheindlin ruled that the stop-and-frisk policy was used in an unconstitutional manner. |
| Reasoning | The ruling stated that the policy violated the U.S. Constitution's Fourth Amendment prohibition of unreasonable searches and seizures. |
| Evidence | There is overwhelming evidence that the policy is used as a method of racial profiling and disproportionately targets Black and Latino citizens. |
| Opposition | Civil rights organizations such as the Center for Constitutional Rights and the NAACP have voiced strong opposition to the policy. |
| Scope | The ruling directed the New York Police Department to adopt a written policy specifying where such stops are authorized and to implement scope limitations. |
| Appeal | The United States Court of Appeals blocked the order requiring changes to the stop-and-frisk program, and the city indicated its intention to appeal the ruling. |
| Federal Level | Advocacy organizations are advocating for the End Racial Profiling Act to end discriminatory racial profiling policies like stop and frisk. |
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What You'll Learn
Stop-and-frisk laws are a form of racial profiling
Stop-and-frisk laws, also known as Terry stops, have been the subject of much controversy and debate in the United States, particularly regarding their constitutionality and alleged use as a form of racial profiling. This practice, which entails the temporary detention, questioning, and searching of civilians and suspects on the street based on reasonable suspicion, has sparked outrage among communities of color and civil rights organizations.
In 2013, US District Court Judge Shira A. Scheindlin ruled that the New York City Police Department's (NYPD) stop-and-frisk program was carried out in a manner that violated the US Constitution, specifically the Fourth Amendment's prohibition of unreasonable searches and seizures. This ruling was made in the case of Floyd v. City of New York, where Judge Scheindlin found that the NYPD's tactics amounted to racial profiling and disproportionately targeted young Black and Latino men. Statistics support this claim, showing that in 1999, Blacks and Latinos, who made up 50% of New York's population, accounted for 84% of the city's stops.
The stop-and-frisk practice has a long history in the United States, with the Supreme Court granting limited approval to frisks without probable cause in the 1968 case of Terry v. Ohio. However, this authorization led to widespread police abuses and rampant racial profiling, particularly in cities like Detroit. In Detroit, the stop-and-frisk law was supported primarily by white residents and politicians, while civil rights leaders and minority communities expressed strong opposition. The law expanded police powers, led to the harassment of innocent people, and represented a setback for civil rights.
In New York City, the stop-and-frisk program has also been associated with "broken windows" policing, a theory that low-level crime and disorder encourage more serious crimes. This approach to policing caused tension with ethnic communities and contributed to the perception of racial profiling. Despite the defense of the practice by some, such as former NYPD spokesman Paul J. Browne and then-mayor Michael Bloomberg, the evidence and statistical trends suggest a disproportionate impact on communities of color.
The controversial nature of stop-and-frisk policies has led to advocacy for legislative changes. At the federal level, organizations such as The Leadership Conference support the End Racial Profiling Act as a method to end discriminatory racial profiling practices. Additionally, in New York City, the 2013 mayoral election saw the success of Democratic candidate Bill de Blasio, who pledged to reform the stop-and-frisk program and introduce a strong racial profiling bill. These efforts reflect a growing recognition of the negative impact of stop-and-frisk laws on communities of color and a commitment to addressing racial biases in policing.
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The reasonable suspicion rule
The "reasonable suspicion rule" is a legal principle that allows police officers to stop and briefly detain or search an individual if they have a reasonable suspicion that the person is engaged in criminal activity. This rule has been the subject of much debate, particularly in the context of the controversial "stop-and-frisk" policies implemented by the New York City Police Department (NYPD).
The Fourth Amendment of the U.S. Constitution protects citizens against unreasonable searches and seizures. According to the reasonable suspicion rule, police officers must have a reasonable suspicion that a crime has been, is being, or is about to be committed by the suspect before stopping them. This suspicion must be based on specific and articulable facts, and it requires more than just an "unarticulated hunch." If the police have a reasonable suspicion that an individual is armed and dangerous, they may conduct a quick pat-down of the suspect's outer clothing, known as a "frisk."
The Supreme Court case Terry v. Ohio in 1968 set a precedent for the reasonable suspicion rule in the context of stop-and-frisk. The Court held that a stop-and-frisk must comply with the Fourth Amendment, meaning that it cannot be unreasonable. A reasonable stop-and-frisk is one where an officer has a reasonable belief that their safety or the safety of others is endangered, and they may conduct a reasonable search for weapons.
In the case of Floyd v. City of New York in 2013, U.S. District Court Judge Shira Scheindlin ruled that the NYPD's stop-and-frisk tactics violated the Fourth Amendment's prohibition of unreasonable searches and seizures. The court found overwhelming evidence that the policy was used as a method of racial profiling and disproportionately targeted Black and Latino citizens. This ruling directed the NYPD to adopt a written policy specifying where such stops are authorized.
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The broken windows theory
The "broken windows" theory is a criminological theory that argues that visible signs of disorder and neglect, such as broken windows, graffiti, or litter, can encourage further crime and anti-social behaviour in an area. The theory, introduced by social scientists James Q. Wilson and George Kelling in a 1982 article in The Atlantic, draws on earlier research by Stanford University psychologist Philip Zimbardo.
The theory suggests that an ordered and clean environment, one that appears well-maintained and monitored, sends a signal that the area is safe and criminal behaviour is not tolerated. On the other hand, a disordered environment, with visible signs of lawlessness, indicates a lack of monitoring and a higher likelihood of criminal behaviour going undetected. This concept has been referred to as "social signalling" and "signal crime".
However, the broken windows theory and its application in policing have faced criticism. Some argue that it has led to aggressive and zero-tolerance policing, with increased police presence and stricter punishments for minor infractions, particularly in minority and lower-income communities. Critics also dispute the underlying assumption that disorder directly causes more severe crime, and research has not fully supported the hypothesis that addressing minor crimes prevents more significant offences.
In summary, the broken windows theory proposes that visible signs of disorder can lead to increased fear and potential for more severe crime. While it has influenced policing strategies, particularly in the context of "broken windows policing," it has also faced criticism for potentially contributing to over-policing and failing to effectively reduce crime.
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The 4th Amendment and unreasonable searches
The Fourth Amendment to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures and sets requirements for issuing warrants. The Fourth Amendment reflects the Framers' intent to avoid the unjust searches and seizures they experienced under English rule.
The Fourth Amendment is often viewed as consisting of two clauses. The first clause reads: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated". The second clause states: "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".
The Fourth Amendment's core is the right to retreat into one's home and be free from unreasonable governmental intrusion. The Fourth Amendment's protections include conversation and are not limited to "persons, houses, papers, and effects". The Fourth Amendment also applies to arrests and the collection of evidence.
In 2013, US District Court Judge Shira Scheindlin ruled that New York City's stop-and-frisk program was carried out in a manner that violated the Fourth Amendment. The controversial policy allowed police officers to stop, interrogate, and search New York City citizens on the sole basis of "reasonable suspicion". The court's opinion found that the policy was used as a method of racially profiling and harassing Black and Latino citizens.
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The effectiveness of stop-and-frisk
However, critics argue that stop-and-frisk policies have a minuscule success rate and are seldom fruitful. In Washington, DC, only about 1% of stops between 2022 and 2023 resulted in the seizure of a gun, and in New York City in 2008, that number was less than 0.2%. Out of 4.4 million stop-and-frisk incidents over the past 10 years, there have been 264,000 arrests and 66,000 weapons confiscated, resulting in a 6% success rate. Critics also argue that these policies erode trust in the police, waste public money, and negatively impact the mental and physical health of communities and individuals.
In addition, stop-and-frisk policies have been criticised for their disproportionate targeting of minority communities, particularly African Americans and Hispanics. In 2011, black and Latino residents made up close to 90% of people stopped in New York City, and about 88% of stops—more than 3.8 million—were of innocent people. Studies have found that street stops in New York City were not having a beneficial impact on reducing crime in practical terms, and that stops based on probable cause are more effective at reducing crime.
While some studies have found that stop-and-frisk policies do lead to modest reductions in crime, the negative consequences, including the violation of constitutional rights, racial profiling, and the negative impact on community trust, far outweigh the potential benefits.
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Frequently asked questions
The practice of stop and frisk is not unconstitutional, but a judge ruled in 2013 that New York City's stop-and-frisk program was carried out in a manner that violated the U.S. Constitution.
Judge Shira A. Scheindlin ruled that the NYPD's stop-and-frisk tactics violated the U.S. Constitution's 4th Amendment prohibition of unreasonable searches and seizures. The program was deemed to be a form of racial profiling, disproportionately targeting black and Latino citizens.
Following the ruling, the NYPD was directed to adopt a written policy specifying where such stops are authorized. Peter L. Zimroth, a former chief lawyer for the City of New York, was appointed to oversee the program.
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