Reference no: EM131564608
Minimum of 1 resource for initial post (one for article/report on stop and frisk practices)
DQ1
Introduction
The Fourth Amendment bans only "unreasonable" searches and seizures made by law enforcement in order to balance the government's power to control crime and the liberty and privacy rights of individuals. The American Civil Liberties Union (ACLU) tracks and is involved in search and seizure cases.
Initial Post Instructions
For this discussion, do the following:
Go to Search and Seizure page of the ACLU website.
Locate and read a search and seizure case review.
Identify the case and detail if you agree with the ACLU's position. Detail why or why not.
Include two practical applications:
One that demonstrates the court decision
One that demonstrates the ACLU's point of view
DQ2
Introduction
Stop-and-frisk law follows the three-step analysis of a search/seizure:
Was the officer's action a stop or a frisk?
If the government action was a stop or a frisk, was it reasonable? Articulable reasonable suspicion is needed.
If the stop or frisk was unreasonable, should evidence obtained during the stop and/or frisk be excluded from legal proceedings against the defendants?
Courts can later review their stops and frisks to make sure they were reasonable. The scope of a reasonable stop has two elements:
A short duration
An on-the-spot investigation requirement
The purpose of a frisk is not to discover evidence of crime but to allow the officer to pursue her investigation without fear of injury. A lawful frisk has three elements:
A lawful stop
Reasonable suspicion the suspect is armed and dangerous
The search is limited to a once-over-lightly pat down of outer clothing to detect weapons.
Initial Post Instructions
For this discussion, do the following:
Type "stop and frisk" into an Internet search engine, and read a few articles and reports about stop and frisk practices in various cities and states in the U.S. There are quite a few sites to visit. The articles and reports will help you understand the depth and the nature of the controversy about stop and frisk.
Detail what you learn.
Next, consider the use of anonymous tips to establish reasonable suspicion for a stop and frisk.
Identify the Constitutional dangers involved in using such tips?
Identify the dangers in not using them?
Should it matter to the police what kind of crime (how serious it is, how difficult it might be to solve) the tip is meant to deter or solve? Provide your analysis.