1. STOP AND FRISK Terry v. Ohio and NY City Stop and Frisk Policy

2. Last Class We Talked About…. Miranda Rights False Confessions This Class We Will Talk About…. Terry Stops NY Stop and Frisk

3. It All Comes Back to Terry Terry v. Ohio, 392 U.S. 1, 21, 88 S. Ct. 1868, 20 L. Ed.2d 889 (1968) Stop and Frisks are allowed in different circumstances than an arrest or seizure of property

4. Terry Facts Ohio, 1968 A plainclothes police officer saw 3 men acting strangely outside a store 2 of the men walked up and down several times looking in the same store window A 3 rd man walked up, had a short whispered conversation and then walked away The police officer suspected them of “casing” the store to rob it He walked up to them, told them he was a police officer and patted them down outside their coats 2 of the men had guns and he arrested them

5. 4 th Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, 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.

6. Supreme Court Holding The police officer was conducting a reasonable search Limited in scope: only the outside of the coats until he felt a gun Due to his experience, the strange way the men were acting, and the overall circumstances the police officer was reasonable in suspecting them and taking action Stop and Frisk is constitutional where there is “reasonable suspicion of involvement in criminal activity”

7. Proof Standards Highest: Conviction Middle: Warrant Lowest: Terry Stop

8. Proof Standards Highest: Conviction, beyond a reasonable doubt. Judge, Jury. Middle: Warrant, probable cause. Police Officer, Judge, Prosecutor. Lowest: Terry Stop, reasonable suspicion. Police Officer.

9. Real NY Case A federal judge declared the NY stop and frisk policy unconstitutional as it was targeting minorities in traditionally minority neighborhoods. The new Mayor of NY, De Blasio, decided to reform the policy in accordance with what the judge said and to settle cases pending on the issue. This does not mean that stop and frisk itself is unconstitutional but rather that the NY police were implementing it in a way that violated the constitution. Terry Stop and Frisk Debate

10. Assignemnt – Bill for Terry Stop and Frisk Explain the group’s opinion on Terry Stop and Frisk. Write a Bill that explains how your group believes the Terry Stop and Frisk Law should be implemented by law enforcement? What parameters have to be met for Stop and Frisk? Does the officer have to get permission? What proof has to be present? BE SPECIFIC!!!!