You clearly missed the point. In NYC, the police were policing in an unconstitutional way mainly targeting minorities. If you and SHU09 want to stick with that there is nothing wrong with unconstitutionally searching minorities because they commit most of the crimes, well you go and stick with that argument. You can't search people in an unconstitutional manner and then make it worse by targeting to minorities. If this point escapes the both of you, I guess no point continuing this.
Too Funny 02/10/21 Edition
- Thread starter SPK145
- Start date
Stop and frisk itself is not unconstitutional. It was being used unconsitutional in how they were doing it but if you do it right it can be effective. There's nothing unconstitutional in itself about doing stop and frisk in NYC or Short Hills. I'll stick to the point that you don't police NYC and Short Hills the same way.
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In order for police to detain and frisk a person, police must have reasonable articulable suspicion that the person has a weapon. What the police were doing were patting people down without having that reasonable articulable suspicion that the person had a weapon. Why do we know this? Because the statistics showed that that just over half of police stops resulted in a pat down. Over 50%! guess how many resulted in the person having weapons? 1.5%. this happened in 2011. Thus, NYPD was conducting pat downs of people as a matter of course without having reasonable article suspicions that the person had a weapon. That is unconstitutional. Now compound that with the targeting of minorities. The police were stopping and frisking a ton of people and overwhelmingly they were minorities.
There is nothing wrong with frisking a person in which you have probable cause to think that he has a weapon but that wasn't happening in NYC. It is a pretty high standard and there is no way you would be able to have that many legitimate pat downs unless you are policing the OK Corral.
