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Date: November 22, 2024 Fri
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Results for stop and frisk
22 results foundAuthor: Ayres, Ian Title: A Study of Racially Disparate Outcomes in the Los Angeles Police Department Summary: This report analyzes pedestrian and motor vehicle stops of the Los Angeles Police Department over a oneyear period: July 2003 to June 2004. We find prima facie evidence that African Americans and Hispanics are overstopped, over-frisked, over-searched, and over-arrested. After controlling for violent and property crime rates in specific LAPD reporting districts, as well as a range of other variables, we find that: Per 10,000 residents, the black stop rate is 3,400 stops higher than the white stop rate, and the Hispanic stop rate is almost 360 stops higher. Relative to stopped whites, stopped blacks are 127% more likely and stopped Hispanics are 43% more likely to be frisked. Relative to stopped whites, stopped blacks are 76% more likely and stopped Hispanics are 16% more likely to be searched. Relative to stopped whites, stopped blacks are 29% more likely and stopped Hispanics are 32% more likely to be arrested. All of these disparities are statistically significant (p < .01). The findings of racial disparity are supported by ancillary analyses of investigative outcomes and officer race. We find that frisks and searches are systematically less productive when conducted on blacks and Hispanics than when conducted on whites: Frisked African Americans are 42.3% less likely to be found with a weapon than frisked whites and that frisked Hispanics are 31.8% less likely to have a weapon than frisked non-Hispanic whites. Consensual searches of blacks are 37.0% less likely to uncover weapons, 23.7% less likely to uncover drugs and 25.4% less likely to uncover anything else. Consensual searches of Hispanics similarly are 32.8% less likely to uncover weapons, 34.3% less likely to uncover drugs and 12.3% less likely to uncover anything else. It is implausible that higher frisk and search rates are justified by higher minority criminality, when these frisks and searches are substantially less likely to uncover weapons, drugs or other types of contraband. We also find that the black arrest disparity was 9 percentage points lower when the stopping officer was black than when the stopping officer was not black. Similarly, the Hispanic arrest disparity was 7 percentage points lower when the stopping officer was Hispanic than when the stopping officer was a non-Hispanic white. Taken as a whole, these results justify further investigation and corrective action. Details: Los Angeles, CA: ACLU of Southern California, 2008. 52p. Source: Year: 2008 Country: United States URL: https://www.aclusocal.org/en/study-racially-disparate-outcomes-los-angeles-police-department Shelf Number: 117110 Keywords: Police BehaviorRace/Ethnic GroupsRacial DisparitiesStop and Frisk |
Author: Center for Constitutional Rights Title: Stop and Frisk: The Human Impact. The Stories Behind the Numbers; The Effects on Our Communities Summary: The New York City Police Department's (NYPD’s) aggressive stop-and-frisk practices are having a profound effect on individuals, groups and communities across the city. This report documents some of the human stories behind the staggering statistics and sheds new light on the breadth of impact this policy is having on individuals and groups, in neighborhoods, and citywide. The Center for Constitutional Rights conducted a series of interviews with people who have been stopped and frisked by NYPD and heard testimonies from a wide range of people who are living under the weight of the unprecedented explosion of this practice. These interviews provide evidence of how deeply this practice impacts individuals and they document widespread civil and human rights abuses, including illegal profiling, improper arrests, inappropriate touching, sexual harassment, humiliation and violence at the hands of police officers. The effects of these abuses can be devastating and often leave behind lasting emotional, psychological, social, and economic harm. The NYPD stop-and-frisk program affects thousands of people every day in New York City and it is widely acknowledged that an overwhelming majority of those people are Black or Latino. This report shows that many are also members of a range of other communities that are experiencing devastating impact from this program, including LGBTQ/GNC people, non-citizens, homeless people, religious minorities, low-income people, residents of certain neighborhoods and youth. Residents of some New York City neighborhoods describe a police presence so pervasive and hostile that they feel like they are living in a state of siege. What these stories describe are widespread and systematic human and civil rights violations against thousands of New Yorkers on a daily basis. The NYPD and city and state governments must act immediately to put policies and legal protections in place to end these abuses. Details: New York: Center for Constituitonal Rights, 2012. 40p. Source: Internet Resource: Accessed July 30, 2012 at: http://ccrjustice.org/the-human-impact-report.pdf Year: 2012 Country: United States URL: http://ccrjustice.org/the-human-impact-report.pdf Shelf Number: 125813 Keywords: Civil Rights AbusesMinority GroupsPolice DiscretionRacial Profiling in Law EnforcementStop and FriskStop and Search (New York City) |
Author: Patel, Faiza Title: A Proposal for an NYPD Inspector General Summary: Over the last decade, the New York City Police Department (NYPD), like state and local law enforcement agencies around the country, has become increasingly involved in collecting counterterrorism intelligence. But the NYPD’s counterterrorism and intelligence gathering operations are unique among municipal police departments, both in size and character. The magnitude of these operations vastly exceeds that of similar efforts in other major cities: In 2010, the NYPD’s budget for counterterrorism and intelligence was over $100 million and the two divisions reportedly employed 1000 officers. Equally important, while New York City police cooperate with the Federal Bureau of Investigation (FBI) on counterterrorism matters, they also conduct intelligence operations and investigations completely separate from federal authorities. The creation of this stand-alone capability was a stated goal of Police Commissioner Raymond W. Kelly, and is an accomplishment frequently highlighted by the Department. Unlike the FBI and other national intelligence agencies, the NYPD’s sizable counterterrorism and intelligence operations operate largely free from independent oversight. Currently, oversight of the NYPD – as conducted by the Department’s Internal Affairs Bureau, the Commission to Combat Police Corruption and the Civilian Complaint Review Board – focuses almost exclusively on police corruption and individual police misconduct. The City-wide Department of Investigation similarly focuses on corruption, incompetence, and misconduct in 300 municipal agencies and, in any event, does not cover the police. The City Council has supervisory jurisdiction over the police, but has rarely examined its intelligence operations. Control mechanisms established by a 1980s consent decree largely have been eliminated. In the federal system, Congressional supervision informed by reports from independent inspectors general has been a crucial tool for increasing transparency, accountability, and effectiveness in the realm of intelligence and counterterrorism. This oversight system was developed in the wake of the 1970s Congressional investigations into the FBI’s and the Central Intelligence Agency’s (CIA) illegal collection of intelligence about Americans, and both agencies have operated for decades under its strictures. Even after the September 11th attacks, this system continues to function well and has, in fact, been strengthened. The FBI, in particular, has benefitted from a robust inspector general who has contributed to the effectiveness of its counterterrorism programs through reviews of issues ranging from the need for the Bureau to develop a comprehensive risk assessment of the terrorist threat to its use of the new intelligence techniques that have been authorized over the last decade. Given that the NYPD has built an intelligence and counterterrorism capability more in line with the FBI than a traditional urban police force, it is time to build an oversight structure that is appropriate for its size and functions. An independent inspector general should be established for the NYPD. This would be an enormous step forward for police accountability and oversight for several reasons: • ENSURING TRANSPARENCY – The inspector general would be in a position to make policing more transparent, thus allowing the Mayor and the City Council to better exercise their oversight responsibilities and increase public confidence in policing. Reliable information about how policies and legal constraints are implemented is especially important in the context of intelligence operations, the specifics of which are often necessarily concealed. • PROTECTING CIVIL LIBERTIES – As the NYPD continues its important work of keeping New Yorkers safe, the inspector general would have the mandate, expertise, and perspective to make sure that it does so consistent with our constitutionally guaranteed liberties. • REFORMING FROM WITHIN – The inspector general would be in a position to work with the police cooperatively to address any problems in the Department’s operations and to keep track of progress. Details: New York: Brennan Center for Justice at New York University School of Law, 2012. 48p. Source: Internet Resource: Accessed April 16, 2013 at: http://www.brennancenter.org/publication/proposal-nypd-inspector-general Year: 2012 Country: United States URL: http://www.brennancenter.org/publication/proposal-nypd-inspector-general Shelf Number: 128363 Keywords: Counter-TerrorismIntelligence GatheringPolice (New York City, U.S.)Police CorruptionPolice MisconductStop and Frisk |
Author: Eastwood, Niamh Title: The Numbers in Black and White: Racial Disparities in the Policing and Prosecution of Drug Offenses in England and Wales Summary: This report demonstrates that the policing and prosecutions of drug possession offences in England and Wales is unduly focussed on black and minority communities. This report looks at racial disparity rates at stop and search, arrest, prosecution and sentencing and clearly demonstrates that the drug laws in the UK are a major driver of the disproportionality that exists in our criminal justice system in relation to the black community. Stop and search has increased steadily since 2001/2 from less than 750,000 to a peak of almost 1.3 million in 2010/11, more than 1.2 million of which were carried out under PACE and associated legislation. Despite a slight decline, there were still more than one million stop searches carried out in 2011/12. Half or more of these searches are for drugs. This means that every 58 seconds someone in England and Wales is stopped and searched by the police for drugs. In 2009/10 the overall search rate for drugs across the population as a whole was 10 searches per 1000 people. For those from the white population it was 7 per 1000, increasing to 14 per 1000 for those identifying as mixed race, 18 per 1000 for those identifying as Asian and to 45 per 1000 for those identifying as black. Tweet Share this on Twitter Black people were, in other words, 6.3 times more likely to be stopped and searched for drugs than white people, while Asian people were 2.5 times more likely to be stopped and searched for drugs and those identifying as mixed race were stopped and searched for drugs at twice the rate of white people. Large numbers of young people are being subject to police stop and search for drugs. In 2009/10 half the 280,000 drug stop searches carried out by the Metropolitan police were on young people aged 21 years or below. Almost 16,900 were of children aged 15 or below Details: London: Release: Drugs, The Law and Human Rights, 2013. 62p. Source: Internet Resource: Accessed May 26, 2015 at: http://www.release.org.uk/sites/default/files/pdf/publications/Release%20-%20Race%20Disparity%20Report%20final%20version.pdf Year: 2013 Country: United Kingdom URL: http://www.release.org.uk/sites/default/files/pdf/publications/Release%20-%20Race%20Disparity%20Report%20final%20version.pdf Shelf Number: 129683 Keywords: Drug Offenders Racial Disparities Stop and Frisk |
Author: Fratello, Jennifer Title: Coming of Age with Stop and Frisk: Experiences, Perceptions, and Public Safety Implications Summary: Amid the debate about stop and frisk in New York City, its relationship to reductions in crime, and concerns about racial profiling, one question has gone largely unexplored: How does being stopped by police, and the frequency of those stops, affect those who experience them at a young age? In New York City, at least half of all recorded stops annually involve those between the ages of 13 and 25. This new study from Vera's Center on Youth Justice examines this question. The results reveal a great deal about the experiences and perceptions of young New Yorkers who are most likely to be stopped. Trust in law enforcement among these young people is alarmingly low. This has significant public safety implications as young people who have been stopped more often are less willing to report crimes, even when they themselves are the victims. The report includes a set of recommendations aimed at restoring trust and improving police-community relations. It also features an infographic summarizing the findings. Details: New York: Vera Institute of Justice, Center on Youth Justice, 2013. 139p. Source: Internet Resource: accessed August 5, 2016 at: http://archive.vera.org/sites/default/files/resources/downloads/stop-and-frisk_technical-report.pdf Year: 2013 Country: United States URL: http://archive.vera.org/sites/default/files/resources/downloads/stop-and-frisk_technical-report.pdf Shelf Number: 130029 Keywords: Racial Profiling in Law EnforcementStop and FriskStop and Search |
Author: Morrow, Weston Title: Examining the Potential for Racial/Ethnic Disparities in Use of Force During NYPD Stop and Frisk Activities Summary: Since the 1990s, stop and frisk activities have been a cornerstone of the New York Police Department (NYPD). The manner in which the NYPD has carried out stop, question, and frisks (SQFs), however, has been a focal point of discussion, resulting in public outrage and two major lawsuits. Recently, the Federal District Court Judge ruled that the NYPD was engaging in unconstitutional stop-and-frisk practices that targeted predominately Black and Latino New Yorkers. Questions surrounding the NYPD's SQF practices have almost exclusively focused on racial and ethnic disproportionality in the rate of stops without necessarily considering what transpired during the stop. This study will fill that void by examining the prevalence and nature of use of force during those stops, along with testing the minority threat hypothesis. By combining micro-level measures from the NYPD's 2012 "Stop, Question, and Frisk" database with macro-level variables collected from the United States Census Bureau, the current study examines police use of force in the context of SQF activities. The results should help judges, policy makers, police officers, and scholars understand the nature of police use of force in the context of SQFs. Details: Tempe, AZ: Arizona State University, 2015. 203p. Source: Internet Resource: Dissertation: Accessed August 26, 2016 at: https://repository.asu.edu/attachments/157948/content/Morrow_asu_0010E_15162.pdf Year: 2015 Country: United States URL: https://repository.asu.edu/attachments/157948/content/Morrow_asu_0010E_15162.pdf Shelf Number: 140046 Keywords: Police BehaviorPolice DiscretionPolice Use of ForceRacial DiscriminationRacial Profiling in Law Enforcement Stop and FriskStop and Search |
Author: Hug, Aziz Z. Title: The Consequences of Disparate Policing: Evaluating Stop-And Frisk as a Modality of Urban Policing Summary: Beginning in the 1990s, police departments in major American cities started aggressively deploying pedestrian stops and frisks in response to escalating violent crime rates. Today, high-volume use of "stop, question and frisk," or "SQF," is an acute point of friction between urban police and minority residents. In numerous cities, recent consent decrees or settlements have imposed Fourth Amendment and Equal Protections constraints on police. But do these constitutional rules adequately respond to the harms of SQF? This Article argues that the core moral objection to SQF does not track the Constitution's focus upon the evidentiary sufficiency of stops or the racial animus of individual officers. I develop instead a new account of the distinctive wrong of aggressive street policing that is not contingent on individual animus or fault. This alternative account turns on the manner in which such policing can reproduce social and racial stratification. To substantiate this, I present a detailed analysis of the costs and benefits of SQF, with careful attention to its ecological spillovers and dynamic, intergenerational effects. Having explained why constitutional law, given its narrow transactional frame, is disarmed from an effective response, I present the alternative lens that is constitutionally and legally available for diagnosing harmful forms of urban street policing. This draws from the disparate impact framework of Title VI of the 1964 Civil Rights Act and certain states' laws. While an imprecise fit, disparate impact is legally feasible and readily available. To show that it is workable, I sketch three lines of econometric analysis capable of identifying an especially troubling subclass of racial disparate impacts in urban street policing. Details: Chicago: University of Chicago Law School, 2016. 55p. Source: Internet Resource: U of Chicago, Public Law Working Paper : Accessed October 8, 2016 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2845540 Year: 2016 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2845540 Shelf Number: 145104 Keywords: Racial DisparitiesRacial Profiling in PolicingStop and FriskStop and Search |
Author: Coviello, Decio Title: An Economic Analysis of Black-White Disparities in NYPD's Stop and Frisk Program Summary: A model is introduced to explore the identification of two distinct sources of police bias in NYPD's "stop and frisk program:" bias at the level of the police officer making the stop decisions, and bias at the level of the police chief allocating manpower across precincts. Ten years of data from NYPD's "stop and frisk program" are analyzed in light of this theoretical framework. White pedestrians are found to be slightly less likely than African-American pedestrians to be arrested conditional on being stopped. We interpret this finding as evidence that the officers making the stops are on average not biased against African Americans relative to whites, because the latter are being stopped despite being a "less productive stop" for a police officer. We find suggestive evidence of police bias in the frisk decision. Further research is needed. Details: Unpublished paper, 2015. 54p. Source: Internet Resource: Accessed October 12, 2016 at: http://nicolapersico.com/files/stopfrisk.pdf Year: 2015 Country: United States URL: http://nicolapersico.com/files/stopfrisk.pdf Shelf Number: 127656 Keywords: Racial BiaseRacial DisparitiesRacial Profiling in Law EnforcementStop and Frisk |
Author: Tyler, Tom R. Title: The Consequence of Being a Target of Suspicion: Potential Pitfalls of Proactive Policing Summary: During the latter half of the 20th century a new model of policing developed in the United States which continues to dominate American policing today. It has two key features. First, it proactively attempts to prevent crime through the widespread use of police stops and arrests for minor crimes. Second, it imposes policing policies and practices upon communities instrumentally via the threat or use of various legal sanctions. Data from a national survey indicate that this approach to policing does not lower fear of crime; increase the perceived risk of punishment for rule breaking; or strongly impact perceptions of disorder. On the other hand, it has damaged the social bonds between the police and the community; undermined police legitimacy and led to declines in public willingness to cooperate with the police. This paper examines how such policies developed, why they are problematic, and how a focus on building popular legitimacy would be more desirable. Details: Unpublished paper, 2014. 66p. Source: Internet Resource: Accessed February 21, 2017 at: https://papers.ssrn.com/sol3/papers2.cfm?abstract_id=2468779 Year: 2014 Country: United States URL: https://papers.ssrn.com/sol3/papers2.cfm?abstract_id=2468779 Shelf Number: 147375 Keywords: Broken Windows TheoryPolice LegitimacyProactive PolicingStop and FriskZero Tolerance Policing |
Author: Goel, Sharad Title: Combatting Police Discrimination in the Age of Big Data Summary: The exponential growth of available information about routine police activities offers new opportunities to improve the fairness and effectiveness of police practices. We illustrate the point by showing how a particular kind of calculation made possible by modern, large-scale datasets - determining the likelihood that stopping and frisking a particular pedestrian will result in the discovery of contraband or other evidence of criminal activity - could be used to reduce the racially disparate impact of pedestrian searches and to increase their effectiveness. For tools of this kind to achieve their full potential in improving policing, though, the legal system will need to adapt. One important change would be to understand police tactics such as investigatory stops of pedestrians or motorists as programs, not as isolated occurrences. Beyond that, the judiciary will need to grow more comfortable with statistical proof of discriminatory policing, and the police will need to be more receptive to the assistance that algorithms can provide in reducing bias. Details: Palo Alto, CA: Stanford University, 2017. 52p. Source: Internet Resource: Stanford Public Law Working Paper No. 2787101: Accessed June 26, 2017 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2787101 Year: 2017 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2787101 Shelf Number: 146381 Keywords: Racial BiasRacial DiscriminationRacial Profiling in Law EnforcementStop and FriskStop and Search |
Author: New York State. Office of the Attorney General Title: A Report on Arrests Arising from the New York City Police Department's Stop-and-Frisk Practices Summary: The stop-and-frisk practice of the New York City Police Department ("NYPD") has been the subject of significant public debate and litigation. Much of the discourse has focused on the practice's constitutionality and its impact on African-American, Latino, and other minority communities. A federal court decision, Floyd v. City of New York, declared stop and frisk unconstitutional as practiced in New York City. That decision has been stayed and is now on appeal to the Second Circuit. Neither the appeal nor the lower court decision, however, addresses the effectiveness of stop and frisk in combating crime. Supporters and opponents of the practice agree that only 6% of all stops result in an arrest. Yet until now, no known study has sought to assess what happens following those arrests. By analyzing close to 150,000 SQF arrests from 2009 through 2012 (out of the approximately 2.4 million stops conducted during those years), this report offers new data on the outcomes of the NYPD's stop-and-frisk practice. The report's key findings include the following: Close to half of all SQF arrests did not result in a conviction; Fewer than one in four SQF arrests - or 1.5% of all stops-resulted in a jail or prison sentence; Just one in fifty SQF arrests - or about 0.1% of all stops-led to a conviction for a crime of violence; Just one in fifty SQF arrests - or about 0.1% of all stops - led to a conviction for possession of a weapon; and Almost one quarter of SQF arrests (24.7%) were dismissed before arraignment or resulted in a non-criminal charge such as an infraction or a violation at the time of arraignment. Details: Albany: Office of the Attorney General, 2013. Source: Internet Resource: Accessed August 25, 2017 at: https://ag.ny.gov/pdfs/OAG_REPORT_ON_SQF_PRACTICES_NOV_2013.pdf Year: 2013 Country: United States URL: https://ag.ny.gov/pdfs/OAG_REPORT_ON_SQF_PRACTICES_NOV_2013.pdf Shelf Number: 131684 Keywords: Racial Disparities Racial Profiling Racial Profiling in Law EnforcementStop and FriskStop and Search |
Author: Police Reform Organizing Project Title: Changing the NYPD: A Progressive Blueprint for Sweeping Reform Summary: For the past twenty years, under the mayoralties of Rudy Giuliani and Michael Bloomberg, the New York City Police Department (NYPD) has increasingly engaged in various practices which are illegal and unconstitutional. These tactics are counterproductive, in that they decrease trust in and cooperation with the police, and have had an especially harmful impact on the city's most vulnerable and defenseless populations: African-American and Latino youth, LGBT persons, the homeless, mentally ill people, Muslims, street vendors, and sex workers. The NYPD's highly controversial stop-and-frisk policy and other aggressive policing tactics have engendered deep antagonism between the NYPD and many New Yorkers, as was clearly manifested in the results of the recent mayoral election. On August 12, 2013, the United States District Court for the Southern District of New York found that the NYPD's stop-and-frisk practices are unconstitutional. In Floyd v. City of N.Y., the court held that the NYPD carried out these practices in an invasive and racially discriminatory manner in violation of the Fourth and Fourteenth Amendments of the U.S. Constitution. Noting that over eighty percent of the 4.4 million people the NYPD stopped and frisked between January 2004 and June 2012 were African-American or Latino, the court called for comprehensive reform of the NYPD's practices to protect the rights and liberties of all New Yorkers. The federal court ruling touched a nerve for communities across the city victimized by stop-and-frisk. The issue of the NYPD's harsh and aggressive policing tactics generally and stop-and-frisk specifically, became major focal points of the 2013 mayoral campaign. Mayor Bill de Blasio, along with other leading candidates in the Democratic Party's primaries, called for comprehensive reform of the NYPD's policies. On October 31, 2013, the Second Circuit Court of Appeals stayed the Floyd ruling and its accompanying reforms pending the City's appeal. During the mayoral election campaign, Bill de Blasio vowed to withdraw the City's appeal upon taking office. He followed through on that pledge on January 30th when he announced that the City had reached an accord with the plaintiffs in the suit. The landmark stop-and-frisk ruling and the accompanying public support for NYPD reform present an ideal opportunity for Mayor de Blasio and his new Police Commissioner William J. Bratton to implement a rights-based policing program that works in partnership with communities. This report is meant to serve as a resource to help guide the de Blasio/Bratton administration through the tricky waters of managing meaningful reforms in NYPD policing practices and policy. Part I highlights straightforward policy shifts that Mayor de Blasio and Police Commissioner Bratton can immediately implement with little political or bureaucratic risk or opposition. These reforms include disbanding the peddler squad that harasses street vendors, establishing community intervention teams that work with mental health professionals to respond to people in psychiatric crisis, eliminating police confiscation of condoms in someone's possession as evidence of prostitution, ending the practice of arresting homeless people for 'quality of life' offenses, and dismantling the NYPD's often illegal arrest of individuals on criminal trespassing charges in public housing and private apartment buildings enrolled in "Operation Clean Halls." Part II presents longer-term and expansive institutional reforms. The section details the need for a paradigm shift in NYPD policing, one that reorients the NYPD from punitive policing and an aggressively enforced, illegal quota system towards promoting public safety and working in partnership with communities. This part proposes community-oriented problem-solving measures that engage and collaborate with neighborhood leaders, residents, local service programs, community centers, and places of worship. Such an approach will also entail enhanced and multifaceted oversight of the NYPD that should bring together community groups, the recently-created Inspector General, the court monitor mandated by the Floyd decision, the City Council, and the Mayor's Office. Part III recommends reforms in what has been in recent years the toxic culture of the Department, reforms that will result in significant changes in practices, including strengthening the NYPD liaison office for LGBT communities, legalizing and regulating the sale and possession of small amounts of marijuana, ending the unwarranted surveillance of New York's Muslim communities, and ensuring robust protection of First Amendment rights for all New Yorkers. Details: New York: PROP; Walter Leitner International Human Rights Clinic; Leitner Center for International Law and Justice; Fordham University School of Law; 2014. 27p. Source: Internet Resource: Accessed February 13, 2018 at: http://www.policereformorganizingproject.org/wp-content/uploads/2014/07/A-Blueprint-for-NYPD-Reform.pdf Year: 2014 Country: United States URL: http://www.policereformorganizingproject.org/wp-content/uploads/2014/07/A-Blueprint-for-NYPD-Reform.pdf Shelf Number: 149120 Keywords: Community-Oriented PolicingPolice AdministrationPolice ReformPolicingStop and Frisk |
Author: Hickman, Kishon C., Sr. Title: From Behind the Lens: Police Officer Perceptions as Body-Worn Cameras are Introduced Into the New York City Police Department Summary: In 2014, the U.S. District Court ordered the New York City Police Department (NYPD) to test the use of body-worn cameras (BWCs) after finding that their stop, question, and frisk practices violated the rights of some minority New Yorkers. The ruling in Floyd v. City of New York (2013) mandated the recording of future interactions to determine if behavior would be influenced. A total of 54 volunteer officers wore a BWC for a 1-year period and were assigned to six precincts, all selected due to the high frequency of stop, question, and frisk reports prepared by patrol officers. This research examined patrol officer perceptions of the BWC from the lens of the NYPD's two-officer patrol car. The study revealed unique access to 54 volunteer officers and their non-camera-wearing patrol partners, as they recorded citizen interactions during this pilot period. Further, this study examined the extent officers were open to the adoption of BWCs, providing some of the first-ever evidence for or against claims of increased transparency, accountability and improvements in both officer and citizen behavior during encounters. The respondents' demographic data were analyzed to determine any relationship with particular viewpoints toward the BWC. The results suggest that patrol officers are in favor of the adoption of a BWC program, and that the BWC had little to no effect on their patrol partnerships. Results also suggest that officers felt comfortable wearing BWCs, and that regardless of their age, gender, years of police experience or years partnering, the existence of the BWC made for better police service in New York City. Details: Rochester, NY: St. John Fisher College, 2017. 163p. Source: Internet Resource: Dissertation: Accessed February 23, 2018 at: https://fisherpub.sjfc.edu/cgi/viewcontent.cgi?article=1301&context=education_etd Year: 2017 Country: United States URL: https://fisherpub.sjfc.edu/cgi/viewcontent.cgi?article=1301&context=education_etd Shelf Number: 149230 Keywords: Body-Worn CamerasCamerasPolice AccountabilityPolice SurveillancePolice TechnologyPolice-Citizen InteractionsStop and Frisk |
Author: Cassell, Paul G. Title: What Caused the 2016 Homicide Spike? An Empirical Examination of the 'ACLU Effect' and the Role of Stop and Frisks in Preventing Gun Violence Summary: Homicides increased dramatically in Chicago in 2016. In 2015, 480 Chicago residents were killed. The next year, 754 were killed-274 more homicide victims, tragically producing an extraordinary 58% increase in a single year. This article attempts to unravel what happened. This article provides empirical evidence that the reduction in stop and frisks by the Chicago Police Department beginning around December 2015 was responsible for the homicide spike that started immediately thereafter. The sharp decline in the number of stop and frisks is a strong candidate for the causal factor, particularly since the timing of the homicide spike so perfectly coincides with the spike. Regression analysis of the homicide spike and related shooting crimes identifies the stop and frisk variable as the likely cause. The results are highly statistically significant and robust over a large number of alternative specifications. And a qualitative review for possible "omitted variables" in the regression equations fails to identify any other plausible candidates that fit the data as well as the decline in stop and frisks. Our regression equations permit quantification of the costs of the decline in stop and frisks. Because of fewer stop and frisks in 2016, it appears that (conservatively calculating) approximately 239 additional victims were killed and 1129 additional shootings occurred in that year alone. And these tremendous costs are not evenly distributed, but rather are concentrated among Chicago's African-American and Hispanic communities. The most likely explanation for the fall in stop and frisks that appears to have triggered the homicide spike is a consent decree entered into by the American Civil Liberties Union (ACLU) with the Chicago Police Department (CPD). Accordingly, modifications to that consent decree may be appropriate. More broadly, these findings shed important light on the on-going national debate about stop and frisk policies. The fact that America's "Second City" suffered so badly from a decline in stop and frisks suggests that the arguably contrary experience in New York City may be an anomaly. The costs of crime - and particularly gun crimes - are too significant to avoid considering every possible measure for reducing the toll. The evidence gathered here suggests that stop and frisk policies may be truly lifesaving measures that have to be considered as part of any effective law enforcement response to gun violence. Details: Salt Lake City: University of Utah, S.J. Quinney College of Law, 2018. 96p. Source: Internet Resource: Accessed March 29, 2018 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3145287 Year: 2018 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3145287 Shelf Number: 149607 Keywords: Gun ViolenceGun-Related ViolenceHomicidesMurdersStop and FriskViolent Crimes |
Author: Doob, Anthony N. Title: Understanding the Impact of Police Stops Summary: Imagine that technology existed such that the police could, electronically, identify and track everyone and every motor vehicle in the city and that this information were stored electronically and available to the police, as required, for solving crime. Even if such information was not admissible as evidence, one could easily see its possible value in solving crime. If a home were broken into, one only would have to search a data base to find out who had been in the neighbourhood. If a pedestrian were hit by a car that did not remain at the scene of the accident, one would only need to see what vehicles had been at that scene around the time of the accident to narrow down the possible suspects considerably. If a person were found to be using or in possession of drugs, one would only need to see whom that person had been in close contact with in recent times to identify a fairly small group of suspects as the source of those drugs. If a person were thought to be a member of a gang, it would be easy to find out whom that person associated with on a regular basis. We don't live in such a society. Obviously the information that the police have about the non-criminal activities of ordinary citizens is much more limited than that described in the previous paragraph. But what if it turned out we did live in the world described in the previous paragraph and people suddenly expressed the desire no longer to live in a world with constant and complete police scrutiny of their ordinary activities? One could imagine the suggestion would be made that not allowing police the kind of surveillance described in the previous paragraph would limit their ability to solve crime. We raise this hypothetical scenario for a particular reason: There is no point in arguing whether complete or highly detailed information about the day-to-day movements or meetings that Canadians have might be useful to the police in solving crime. At a more mundane level, we see on an almost daily basis that footage from 'security' cameras is now routinely used to solve crime in a manner not too different from that described above. Our second example comes closer to the issue of police stops. Imagine that there were no controls whatsoever on the power of the police to stop pedestrians and motorists and ask them to identify themselves. Even if, in law, citizens were not required to identify themselves or to answer any questions, one could argue that maintaining whatever information was obtained could be useful if a crime took place in that neighbourhood or someone associated with the person who had been stopped was suspected of some wrongdoing. That this information could potentially be useful is not the point. The question that needs to be raised in both of these examples is a much more complex one: What might be the 'costs' and 'benefits' to society of these kinds of data gathering programs? Even these two hypothetical scenarios are missing something crucial: comparison groups. The question, in most public policy areas, is not whether there are some successful outcomes from a particular procedure, but whether there are better outcomes overall than there might be under some other procedure. For example, in each of the hypothetical scenarios described above, it might be that deployment of resources in some quite different way or a decision to address some quite different problem would serve the community better than the scenarios described. Or such procedures as described earlier might help solve crime but would lessen cooperation with the police on important matters. Comparison groups or procedures typically are not employed adequately when assessing possible policy choices, but in reality the need for a 'comparison' is usually important. In a discussion about police equipment (e.g., body worn cameras), not only might one want to know whether they affect police or citizen behaviour (implying a comparison with how police or citizens behave without the device), but a serious policy analysis should include an analysis of alternative uses of the resources that would be required for the purchase and use of the devices. An example of the inappropriate use of implied comparisons is when changes in police strength or police tactics are implemented after an unusual (e.g., serious, violent) incident. When police, understandably, change their approach to policing a neighbourhood that experienced an unusual incident or high concentration of serious incidents, they sometimes infer that any subsequent return to 'normal' levels of crime is 'caused' by changes they made in their presence in the neighbourhood. Without adequate comparison areas (e.g., areas that experienced a 'spike' that did not result in changes in policing), such causal inferences simply aren't defensible. The issues become more complex when one moves closer to reality. One fact about crime that noone questions is that it is not evenly (or even randomly) distributed across people, groups of people, or neighbourhoods in our society. Young males, for example, are disproportionately more likely to be involved in a variety of different kinds of crime than other people. People who live in certain kinds of neighbourhoods are more likely to commit offences than people in other neighbourhoods. But some neighbourhoods themselves appear to have characteristics that make them more likely to be the sites for crime above and beyond the characteristics of the individuals who live in them. In this context, a policing perspective that did not consider any other concerns could justify focusing surveillance resources on certain neighbourhoods or types of people (e.g., young males). The problem is that there almost always are other concerns, and concerns that could easily have the effect of undermining the crime control goal of proactive policing activities, such as police stops. This report examines some of the more reliable research that has been carried out on issues broadly related to 'street stops' of ordinary citizens. It makes the assumption that stops can have more than one effect and that some of these effects might, broadly speaking, be favourable and others unfavourable. Hence this report is more than an attempt to answer the question of whether street stops have a short term effect on local crime. We are not claiming to provide an exhaustive review of the literature that summarizes all of the research on issues related to street stops. Were we to do so, we would spend considerable resources reviewing and discarding inadequate research papers. Instead we are relying on Criminological Highlights, a research information service, produced by the Centre for Criminology and Sociolegal Studies of the University of Toronto. The papers summarized in this information service not only have been reviewed by reputable social science journals, but also by our editorial board (currently of about 11 people), which has read and evaluated each paper that is summarized in Criminological Highlights. The one page summaries of articles we cite are attached to this report and are an integral part of it. Most importantly, these summaries make it easy for readers to evaluate the information on which our conclusions are based. Details: Toronto: University of Toronto, Centre for Criminology and Sociolegal Studies, 2017. 90p. Source: Internet Resource: Accessed April 6, 2018 at: http://criminology.utoronto.ca/wp-content/uploads/2017/03/DoobGartnerPoliceStopsReport-17Jan2017r.pdf Year: 2017 Country: Canada URL: http://criminology.utoronto.ca/wp-content/uploads/2017/03/DoobGartnerPoliceStopsReport-17Jan2017r.pdf Shelf Number: 149726 Keywords: Crime HotspotsPolice CrackdownsPolice Policies and PracticesPolice SurveillancePolice-Citizen InteractionsRacial Profiling in Law EnforcementStop and FriskStop and Search |
Author: Foster, Lorne Title: Race Data and Traffic Stops in Ottawa, 2013-2015: A Report on Ottawa and the Police Districts Summary: This report provides a city overview of the findings of the Ottawa Police Service's Traffic Stop Race Data Collection Project (TSRDCP), a pioneering community-based research project that involved undertaking the largest race based data collection in Canadian policing history. The project arose from an agreement between the Ontario Human Rights Commission (OHRC) and the Ottawa Police Services Board (Board), the Ottawa Police Service (OPS). The OHRC and the OPS believe that race based data collection is part of an organizational approach to ensuring bias-neutral policing services. Full information regarding the agreement is available online at ottawapolice.ca/race. The Traffic Stop Race Data Collection Project required police officers to record their perception of the driver's race, by observation only, for traffic stops over a two-year period from June 27, 2013 to June 26, 2015. A total of 81,902 records of traffic stops were examined for this Report. Each record included complete information on race, sex and age, along with complete information on police districts, reasons for traffic stops and outcomes. The record did not include the time of day nor the neighbourhood where the stop occurred. The officers entering the race data reported perceiving the race of the driver prior to the stop in 11.4% of the cases. This research project addresses three issues: INCIDENCES OF TRAFFIC STOPS - Do drivers of different race groups have disproportionately high incidences of traffic stops, when compared with their respective driver populations in Ottawa? Research findings showed that: - The study examines 81, 902 traffic stops where officers recorded their perception of the driver's race: 69.3% White (56,776), 12.3% Middle Easterner (10,066), 8.8% Black (7,238), 4.7% E.Asian/SE Asian (3,875), 2.7% S. Asian (2,195), 1.9% Other racialized minorities (1,545), and .3% Indigenous Peoples (207). - In Ottawa, Middle Easterner and Black groups, irrespective of their sex and age, are the two race groups with disproportionately high incidences of traffic stops. Middle Easterner Drivers were stopped 10066 times, which constituted about 12.3% of the total stops over the two year period. However, these drivers represent less than 4% of the total driving population in Ottawa. This means that Middle Easterner Drivers were stopped 3.3 times more than what you would expect based on their population. Black Drivers were stopped 7238 times, which constituted about 8.8% of the total stops over the two-year period. However, these drivers represent less than 4% of the total driving population in Ottawa. This means that Black Drivers were stopped 2.3 times more than what you would expect based on their population. - With the exception of Indigenous peoples, men aged 16-24 of all race groups (including White) have disproportionately high incidences of traffic stops. The disproportionalities ranged from 64.21% (E. Asian/ S.E. Asian) to 1100.39% (Middle Easterner). - Middle Easterner Male Drivers aged 16-24 were stopped 2302 times, which constituted about 2.8% of the total stops over the two year period. However, these drivers represent less than 0.25% of the total driving population in Ottawa. This means that young Middle Easterner male drivers were stopped 12 times more than what you would expect based on their population. Black Male Drivers aged 16-24 were stopped 1238 times, which constituted about 1.5% of the total stops over the two year period. However, these drivers represent less than 0.2% of the total driving population in Ottawa. This means that young Black male drivers were stopped 8.3 times more than what you would expect based on their population. White Male Drivers aged 16-24 were stopped 6172 times, which constituted about 7.5% of the total stops over the two year period. However, these drivers represent about 4.3% of the total driving population in Ottawa. This means that young White male drivers were stopped 1.7 times more than what you would expect based on their population. REASONS FOR TRAFFIC STOPS - Do racialized minority drivers experience disproportionately high incidences of specific reasons for traffic stops when compared with their White counterparts in Ottawa? Research findings showed that: - The findings showed that the reason most used by police officers in traffic stops is "provincial and municipal offenses". It was used in 79,603 of the 81, 902 traffic stops (97.19%). Police officers did not utilize "provincial and municipal offenses" for traffic stops in a disproportional manner for any racial minority groups. - When compared with the White group, "criminal offences" reason has been used disproportionately by police officers for five of the six racialized minority groups. The data is inconclusive about Indigenous peoples with regard to this issue because the number of stops citing "criminal offenses" was too low to draw any conclusions. - Similarly, "suspicious activities" reason has been used disproportionately by police officers for four racialized minority group - Indigenous peoples (99.37%), Black (148.40%), Middle Easterner (133.70%), and other racialized minorities (132.78%). OUTCOMES OF TRAFFIC STOPS - Do racialized minority drivers experience disproportionately high incidences of specific outcome of traffic stops when compared with their White counterparts in Ottawa? Research findings showed that: - All race groups (including White) have received similar proportions of charges (44.65%) from police officers after traffic stops. - All race groups (including White) have received similar proportions of warnings (41.29%) from police officers after traffic stops. - Indigenous peoples (37.77%), Black (47.28%), Middle Easterner (36.84%), and other racialized minorities (28.21%) groups experienced disproportionately high incidences of "final (no action)" outcomes of traffic stops. This study is a correlational study on the relationship between race, sex, age, and traffic stops in Ottawa. It does not deal with the issue of causality. That is to say, it does not explain why and how these factors are related or not related. For this reason, the findings only provide a big picture of traffic stops in the entire capital city of Ottawa, covering a two-year period from 2013 and 2015 - a picture which provides a fresh and pioneering perspective on race and traffic stops in Canada. Details: Ottawa: Ottawa Police Services Board and Ottawa Police Service, 2016. 72p. Source: Internet Resource: Accessed April 19, 2018 at: https://www.ottawapolice.ca/en/about-us/resources/.TSRDCP_York_Research_Report.pdf Year: 2016 Country: Canada URL: https://www.ottawapolice.ca/en/about-us/resources/.TSRDCP_York_Research_Report.pdf Shelf Number: 149850 Keywords: Racial DisparitiesRacial Profiling in Law EnforcementStop and FriskStop and SearchTraffic Enforcement |
Author: Fields, Shawn E. Title: Stop and Frisk in a Concealed Carry World Summary: This Article confronts the growing tension between increasingly permissive concealed carry firearms legislation and police authority to conduct investigative stops and protective frisks under Terry v. Ohio. For decades, courts upheld stops based on nothing more than an officer's observation of public gun possession, on the assumption that anyone carrying a gun in public was doing so unlawfully. That assumption requires reexamination. All fifty states and the District of Columbia authorize their citizens to carry concealed weapons in public, and forty-two states impose little or no conditions on the exercise of this privilege. As a result, officers and courts can no longer reasonably assume that "public gun possession" equals "criminal activity." Courts and scholars have begun addressing discrete aspects of this dilemma, and this Article makes four contributions to the existing literature. First, it corrects the oft-repeated misconception that the Supreme Court's recent Second Amendment jurisprudence has altered the Fourth Amendment's reasonable suspicion standard. Second, it articulates the need for a "gun possession plus" reasonable suspicion standard to initiate a Terry stop for a suspected firearms violation. Third, it defends the right of officers to conduct automatic frisks of suspects after a lawfully-initiated stop when firearms are present, in recognition of the inherent and unique dangerousness of these weapons. Fourth, it justifies this adaptation of "reasonable suspicion" with reference to traditional risk-assessment tort principles, including the Hand Formula. In doing so, the Article seeks a balanced and defensible approach to assessing law enforcement interactions with lawfully-armed civilians in the age of concealed carry. Details: San Diego: University of San Diego, School of law, 2018. Source: Internet Resource: Research Paper No. 18-339: Accessed May 8, 2018 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3156692 Year: 2018 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3156692 Shelf Number: 150102 Keywords: Concealed CarryConcealed HandgunsFourth AmendmentGun PermitsGun PolicyStop and Frisk |
Author: Patterson, Colin Vincent Title: NYPD Application of Stop, Question, and Frisk: Effects on Citizens Attitudes towards the Police and Police Community Relations Summary: Between 2004 and 2012, the New York City Police Department conducted more than 4.4 million stop, question, and frisks on predominately Black and Hispanic males. The purpose of this quantitative, multiple regression correlational study was to examine the effect of Stop, Question, and Frisk on citizens attitudes towards the police of citizens of New York City who resided in high crime neighborhoods. This study measured the effects of Stop, Question, and Frisk in the dimensions of cooperation, specific trust, and general attitudes toward the police. This study was completed by conducting an anonymous online survey consisting of 52 questions in English, delivered by Survey Monkey Targeted Audience Collector to 110 participants, both male and female 18 years of age or older. To address the research questions, linear regressions were used to explore the relationships between race, trust, and cooperation. The results of the regression for research question one on trust was statistically significant, suggesting that there was a difference in the level of trust with police between Black or Hispanic and Other races. The regression for research question two on cooperation was not statistically significant, suggesting that there was not a difference in the level of cooperation with police between Black or Hispanic and other races. The results of the study indicate that the participants' reason for not trusting the police, was due to the perceived disrespect they felt was portrayed towards them by police officers they had interacted with. However, although they did not trust the police they were willing to cooperate with the police. Lack of trust between the police and the citizens they serve may negatively impact police community relations. The results may be different in a time-lag longitudinal study. More research is needed to determine if racial disparity in the level of trust in the police exists while simultaneously examining the level of cooperation among a similar population sample in other high crime communities across the United States of America. Details: San Diego, California: Northcentral University, 2017. 170p. Source: Internet Resource: Dissertation: Accessed May 11, 2018 at: https://search.proquest.com/docview/1973128645?pq-origsite=gscholar Year: 2017 Country: United States URL: https://search.proquest.com/docview/1973128645?pq-origsite=gscholar Shelf Number: 150154 Keywords: Police LegitiimacyPolice-Citizen InteractionsPolice-Community RelationsStop and FriskStop and Search |
Author: Miller, Eric J. Title: Reasonably Radical: Terry's Attack on Race-Based Policing Summary: In this article celebrating the 50th anniversary of Terry v. Ohio, I argue that the criminal justice system is not an integrated system, but a fragmented one. One way it is fragmented, the Terry Court recognizes, is between crime control and public-order policing. Crime control has high-judicial visibility, allowing illegally-gained evidence to be excluded at trial. Public-order policing has low-judicial visibility. What happens on the street stays on the street, and rarely makes it to the courtroom. Read this way, Terry tells lawyers something uncomfortable. In a fragmented criminal justice system, there are some forms of police misconduct that the Court, and the exclusionary rule, just cannot remedy. Doing social activism through law is not enough. The Fourth Amendment lacks the resources to protect us from race-based policing. For the most part, the race-based criticism of Terry focuses, understandably enough, on the Court's failure to engage with a race-conscious approach to the problems of race-based policing. Many of these critiques are urgent and important. However, in an attempt to place the blame for subsequent doctrinal novelties at the feet of the Terry Court, they generally embargo and explain away the Court's explicit discussion of race-based policing and the Court's references-express and implied-to the recently published Challenge of Crime in a Free Society. To reclaim a sense of Terry's powerful engagement with race and reasonableness, I want to separate out Terry from its progeny and suggest that the Court was engaged in a conversation with the 1967 President's Commission Report, The Challenge of Crime in a Free Society. I begin by discussing the President's Commission's radical critique of race-based policing and its even more radical recommendations for reform: recommendations that have largely been ignored and unfulfilled. I then explain how Terry's approach to stop and frisk responds to race-based harassment by, not only adopting, but rendering more stringent, the President Commission's recommendations on the use of stops and frisks. I suggest that Terry's precise, rule-like approach to stop-and-frisk policing precludes its use as a device for low-level racial harassment and limits its use to investigating crimes of violence. This precision enabled the Court to tackle head-on a problem identified by both the Terry Court and the Report: the central place occupied by physical displays of police authority - often called "command presence" - to dominate racial minorities. I conclude by suggesting that critics, frustrated at the way the reasonable suspicion standard has been co-opted by a pro-police agenda, miss the Court's central regulatory claims. Three claims are particularly important: (1) that there is not one criminal justice system, but many overlapping systems; (2) that the police conduct is highly visible in minority communities; but (3) that same conduct is low visibility in the courts that are supposed to regulate their behavior. Constitutional litigation is thus a limited resource against the sort of low-visibility policing that remains separate from the process of criminal prosecution and so incapable of judicial oversight. Details: Los Angeles: Loyola Law School, 2018. 36p. Source: Internet Resource: Loyola Law School, Los Angeles Legal Studies Research Paper No. 2018-31: Accessed September 26, 2018 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3238801 Year: 2018 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3238801 Shelf Number: 151698 Keywords: Racial BiasRacial DisparitiesRacial Profiling in Law EnforcementStop and FriskStop and SearchTerry v. Ohio |
Author: KPMG Title: Guns, Knives, and Swords: Policing a Heavily-Armed Arizona Summary: Arizona is widely recognized as the most permissive state in the country for public weapons possession. In 2010, then-Governor Jan Brewer famously removed all permitting requirements for public concealed carry of firearms, making Arizona only the third "constitutional carry" state in the nation. Also in 2010, and to much less fanfare, Arizona became the first state to prohibit local governments from enacting any regulations restricting the sale or possession of knives of any kind, including swords, maces, and other exotic blades. Today, Arizona remains the only state in the country with virtually no restrictions on the public concealed carry of any type of bladed weapon. In part owing to this deregulatory environment, as many as twelve percent of all Arizonans report publicly carrying a concealed deadly weapon on their person or in their vehicle. But these laws have also created confusion for Arizona police officers charged with protecting the public. For over a century, Arizona officers could justifiably initiate an investigatory stop of a publicly armed individual based on little more than a reasonable suspicion that such possession was unlawful. But in a state where a significant percentage of the population lawfully possesses weapons in public, Arizona police must now discern which lethal weapons carriers are law abiding citizens and which ones pose true criminal threats to the public. Increasing the confusion for Arizona law enforcement, the Ninth Circuit and Arizona Supreme Court have recently authored conflicting opinions regarding whether a lawfully stopped individual can be frisked solely because he is armed or whether he must also give the officer reasonable suspicion that he is "presently dangerous." This Article examines three distinct aspects of Arizona law and policy as it relates to this growing confusion. First, it challenges the efficacy and constitutionality of Arizona's "duty to inform" law, which seeks to clarify this reasonable suspicion quandary by requiring concealed weapons possessors to affirmatively disclose the presence of weapons to police officers when asked. As a matter of federal constitutional law, officers can only require citizens to cooperate with inquiries if reasonable suspicion already existed to justify the stop. In contrast, by requiring citizens to voluntarily disclose information to officers, "duty to inform" laws arguably place these encounters with law enforcement outside the traditional Terry v. Ohio stop context, thus rendering the encounter consensual and failing to solve the reasonable suspicion issue. Second, the Article considers the competing case law in Arizona regarding the "armed and dangerous" prong of stop and frisk for lawful gun carriers. The Arizona Supreme Court in State v. Serna held that lawful weapons carriers cannot automatically be considered dangerous for purposes of a protective frisk. The Ninth Circuit, in United States v. Orman, held otherwise, and focused on characteristics of gun ownership not explicitly considered by the Arizona Supreme Court. But both cases involved consensual encounters and not involuntary investigative stops. The Article surveys case law from other jurisdictions to offer a balanced approach to frisks of lawfully stopped, lawfully armed Arizonans. Third, the Article highlights policy considerations relevant to resolving these competing perspectives, as well as the competing interests of Arizonans in exercising their statutory possession rights and of officers in protecting themselves and others when faced with a public weapon carrier. In doing so, the Article explores for the first time in scholarly literature what, if any, parallels can be drawn from the experience of officers stopping and frisking lawful gun carriers and officers stopping and frisking lawful knife carriers. Details: Raleigh, North Carolina: Campbell University - Norman Adrian Wiggins School of Law, 2018. 47p. Source: Internet Resource: Accessed July 21, 2019 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3355937 Year: 2018 Country: United States URL: https://www.researchgate.net/publication/332485187_Guns_Knives_and_Swords_Policing_a_Heavily_Armed_Arizona Shelf Number: 156737 Keywords: Concealed Carry Firearms Fourth Amendment Gun Control Knives Stop and Frisk |
Author: Fields, Shawn E. Title: Guns, Knives, and Swords: Policing a Heavily-Armed Arizona Summary: Arizona is widely recognized as the most permissive state in the country for public weapons possession. In 2010, then-Governor Jan Brewer famously removed all permitting requirements for public concealed carry of firearms, making Arizona only the third "constitutional carry" state in the nation. Also in 2010, and to much less fanfare, Arizona became the first state to prohibit local governments from enacting any regulations restricting the sale or possession of knives of any kind, including swords, maces, and other exotic blades. Today, Arizona remains the only state in the country with virtually no restrictions on the public concealed carry of any type of bladed weapon. In part owing to this deregulatory environment, as many as twelve percent of all Arizonans report publicly carrying a concealed deadly weapon on their person or in their vehicle. But these laws have also created confusion for Arizona police officers charged with protecting the public. For over a century, Arizona officers could justifiably initiate an investigatory stop of a publicly armed individual based on little more than a reasonable suspicion that such possession was unlawful. But in a state where a significant percentage of the population lawfully possesses weapons in public, Arizona police must now discern which lethal weapons carriers are law abiding citizens and which ones pose true criminal threats to the public. Increasing the confusion for Arizona law enforcement, the Ninth Circuit and Arizona Supreme Court have recently authored conflicting opinions regarding whether a lawfully stopped individual can be frisked solely because he is armed or whether he must also give the officer reasonable suspicion that he is "presently dangerous." This Article examines three distinct aspects of Arizona law and policy as it relates to this growing confusion. First, it challenges the efficacy and constitutionality of Arizona's "duty to inform" law, which seeks to clarify this reasonable suspicion quandary by requiring concealed weapons possessors to affirmatively disclose the presence of weapons to police officers when asked. As a matter of federal constitutional law, officers can only require citizens to cooperate with inquiries if reasonable suspicion already existed to justify the stop. In contrast, by requiring citizens to voluntarily disclose information to officers, "duty to inform" laws arguably place these encounters with law enforcement outside the traditional Terry v. Ohio stop context, thus rendering the encounter consensual and failing to solve the reasonable suspicion issue. Second, the Article considers the competing case law in Arizona regarding the "armed and dangerous" prong of stop and frisk for lawful gun carriers. The Arizona Supreme Court in State v. Serna held that lawful weapons carriers cannot automatically be considered dangerous for purposes of a protective frisk. The Ninth Circuit, in United States v. Orman, held otherwise, and focused on characteristics of gun ownership not explicitly considered by the Arizona Supreme Court. But both cases involved consensual encounters and not involuntary investigative stops. The Article surveys case law from other jurisdictions to offer a balanced approach to frisks of lawfully stopped, lawfully armed Arizonans. Third, the Article highlights policy considerations relevant to resolving these competing perspectives, as well as the competing interests of Arizonans in exercising their statutory possession rights and of officers in protecting themselves and others when faced with a public weapon carrier. In doing so, the Article explores for the first time in scholarly literature what, if any, parallels can be drawn from the experience of officers stopping and frisking lawful gun carriers and officers stopping and frisking lawful knife carriers. Details: Raleigh, North Carolina: Campbell University - Norman Adrian Wiggins School of Law, 2018. 47p. Source: Internet Resource: Accessed July 21, 2019 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3355937 Year: 2018 Country: United States URL: https://www.researchgate.net/publication/332485187_Guns_Knives_and_Swords_Policing_a_Heavily_Armed_Arizona Shelf Number: 156737 Keywords: Concealed Carry Firearms Fourth Amendment Gun Control Knives Stop and Frisk |
Author: Hester, Neil Title: For Black Men, Being Tall Increases Threat Stereotyping and Police Stops Summary: Abstract: Height seems beneficial for men in terms of salaries and success; however, past research on height examines only White men. For Black men, height may be more costly than beneficial, primarily signaling threat rather than competence. Three studies reveal the downsides of height in Black men. Study 1 analyzes over 1 million New York Police Department stop-and-frisk encounters and finds that tall Black men are especially likely to receive unjustified attention from police. Then, studies 2 and 3 experimentally demonstrate a causal link between perceptions of height and perceptions of threat for Black men, particularly for perceivers who endorse stereotypes that Black people are more threatening than White people. Together, these data reveal that height is sometimes a liability for Black men, particularly in contexts in which threat is salient. Details: Washington, DC: Proceedings of the National Academy of Sciences of the United States of America, 2018. 5p. Source: Internet Resource: Accessed July 27, 2019 at: https://www.pnas.org/content/pnas/115/11/2711.full.pdf Year: 2018 Country: United States URL: https://www.pnas.org/content/115/11/2711 Shelf Number: 156937 Keywords: Biased Policing Discrimination Police Officers Racism Stop and Frisk |