When Is It Legal for the Police to Search and Seize My Property or Me?
What’s It About? Often young people are profiled by law enforcement for search and seizure, especially in states and locales where drug laws are aggressively enforced. The Issue? What are a citizen’s rights regarding lawful and unlawful search and seizure? Where do those rights come from?
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1. What is the gist of the Supreme Court’s decision in Terry v. Ohio (1968)? Why did the defense cite the Fourth Amendment as grounds for dismissing Terry’s conviction for carrying a concealed weapon?
2. What is the source of Fourth Amendment protections against unreasonable searches and seizures?
3. Why has stop-and-frisk policing been criticized as “indirect racial profiling”? In your opinion, is the criticism justified?
4. Since the Terry decision, “reasonable suspicion” is the standard by which police may lawfully detain people and conduct searches. Is a new standard needed? What new standard do you envision?
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1. The Supreme Court's decision in Terry v. Ohio (1968) established that the police may conduct a limited search for weapons, known as a "stop and frisk," without a warrant if they have reasonable suspicion that a person is involved in criminal activity. The defense cited the Fourth Amendment as grounds for dismissing Terry's conviction because they argued that the search violated his constitutional rights against unreasonable searches and seizures.
2. The Fourth Amendment to the United States Constitution is the source of protections against unreasonable searches and seizures. It states that "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."
3. Stop-and-frisk policing has been criticized as "indirect racial profiling" because it has disproportionately targeted minority communities, leading to a high number of unnecessary searches and arrests of innocent individuals based on their race. This criticism is justified as studies have shown that minority individuals are more likely to be stopped and frisked compared to their white counterparts, even though they are less likely to be found with contraband.
4. Whether a new standard is needed for "reasonable suspicion" and what that new standard should be is a matter of debate. Some argue that the current standard is sufficient, as it allows police to take necessary action in preventing crime. However, others argue for stricter standards or additional safeguards to minimize the potential for bias and abuse. One potential new standard could be requiring specific and articulable facts that raise a reasonable belief of criminal activity, rather than relying on subjective judgment. This could help ensure that police actions are based on objective criteria rather than personal biases.
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