STOP AND FRISK - NJ Erin Barry Julia Weinkauf Erin Walker

Fourth Amendment Stop and frisk law comes from the Fourth Amendment It gives us the basic rules of search and seizure law: You're protected from unreasonable searches and seizures Your person, house and other items are protected The government needs probable cause for a warrant Details of the place, person or things to be searched and seized are needed

What is stop and frisk? Stop-and-frisk—a police tactic that allows officers to briefly stop and question someone based on reasonable suspicion that the person is: committing a crime or is about to commit a crime

When can police do it? If the officer: reasonably believes that person has a dangerous weapon the officer fears for his or her safety Then the officer may pat the suspect down to search for the weapon. If based on the frisk an officer forms probable cause that a weapon is present, the officer may: conduct a more extensive search of the person’s clothing or bag.

When do police have reasonable suspicion to stop? Facts seen and interpreted by police Informants' tips A profile, such as a drug courier or gang member profiles Information shared by police departments Presence in a high crime neighborhood Unprovoked flight after seeing police Information gathered during a voluntary encounter

Reasonable Suspicion to Frisk For a frisk, reasonable suspicion must justify the stop, and that the suspect is armed and dangerous. The government must show two reasonable suspicion types for a frisk: A reasonable suspicion criminal activity may be afoot before the stop A reasonable suspicion someone may be armed and dangerous, before the frisk

Stop and Frisk in Newark, NJ The ACLU-NJ discovered that Newark Police officers use stop and frisk with troubling frequency and in a manner that leads to racial disparities

Newark Total Stops (Monthly):

Works Cited "Stop-and-Frisk: The Facts." American Civil Liberties Union of New Jersey. American Civil Liberties Union of New Jersey, Web. 8 Oct “ Newark Stop-and-Frisk." American Civil Liberties Union of New Jersey. American Civil Liberties Union of New Jersey, Web. 8 Oct "Your Search and Seizure Rights: Stop and Frisk." Lawyers.com. Internet Brands, Web. 8 Oct ​