Frisking
Encyclopedia
Frisking is a search of a person's outer clothing wherein a person runs his or her hands along the outer garments to detect any concealed weapons or contraband
.
, a law enforcement officer may briefly detain a person upon reasonable suspicion
of involvement in a crime but short of probable cause
to arrest; such a detention is known as a Terry stop
.
When a search for weapons is also authorized, the procedure is known as a stop and frisk. To justify the stop, a law enforcement officer must be able to point to “specific and articulable facts”
that would indicate to a reasonable person that a crime has been, is being, or is about to be committed.
If the officer reasonably suspects that the suspect is in possession of a weapon that is of danger to the officer or others, the officer may conduct a frisking of the suspect’s outer garments to search for weapons. The search must be limited to what is necessary to discover weapons;
however, pursuant to the “plain feel” doctrine, police may seize contraband discovered in the course of a frisk, but only if the contraband's identity is immediately apparent.
Looking at “eight odd blocks of Brownsville, Brooklyn
, a study found that between January 2006 and March 2010, the police made nearly 52,000 stops.” In a later review of that article about NYC’s “Stop, Question, Frisk” program, as well as the larger issue of blacks’ welcome in the city, a columnist wrote “there were a record 580,000 stop-and-frisks in the city in 2009. Most of those stopped (55 percent) were black (a large portion were also Hispanic), most were young and almost all were male. For reference, according to the Census Bureau
, there were about only 300,000 black men between the ages of 13 and 34 living in the city that year. A mere 6 percent of the stops resulted in arrests.”
(ACLU), complained, saying “Americans now must choose between a virtual strip search
and a grope”, but declined to say whether the ACLU would file a legal challenge to the new procedure.
Contraband
The word contraband, reported in English since 1529, from Medieval French contrebande "a smuggling," denotes any item which, relating to its nature, is illegal to be possessed or sold....
.
Stop and frisk
In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, a law enforcement officer may briefly detain a person upon reasonable suspicion
Reasonable suspicion
Reasonable suspicion is a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch' ";...
of involvement in a crime but short of probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
to arrest; such a detention is known as a Terry stop
Terry stop
In the United States, a Terry stop is a brief detention of a person bypoliceon reasonable suspicion of involvement in criminal activity but short of probable cause to arrest.The name derives from Terry v. Ohio, 392 U.S...
.
When a search for weapons is also authorized, the procedure is known as a stop and frisk. To justify the stop, a law enforcement officer must be able to point to “specific and articulable facts”
that would indicate to a reasonable person that a crime has been, is being, or is about to be committed.
If the officer reasonably suspects that the suspect is in possession of a weapon that is of danger to the officer or others, the officer may conduct a frisking of the suspect’s outer garments to search for weapons. The search must be limited to what is necessary to discover weapons;
however, pursuant to the “plain feel” doctrine, police may seize contraband discovered in the course of a frisk, but only if the contraband's identity is immediately apparent.
Questionable use of “stop and frisk”?
New York City has come under scrutiny for its use of the Terry stop. Supporters say that it reduces crime, but civil rights advocates say it is racial profiling. John A. Eterno, a former city police captain describes: “My take is that this has become more like a ‘throw a wide net and see what you can find’ kind of thing. I don’t see it as targeted enforcement, especially when you see numbers that we are talking about.”Looking at “eight odd blocks of Brownsville, Brooklyn
Brownsville, Brooklyn
Brownsville is a residential neighborhood located in eastern Brooklyn, New York City.The total land area is one square mile, and the ZIP code for the neighborhood is 11212....
, a study found that between January 2006 and March 2010, the police made nearly 52,000 stops.” In a later review of that article about NYC’s “Stop, Question, Frisk” program, as well as the larger issue of blacks’ welcome in the city, a columnist wrote “there were a record 580,000 stop-and-frisks in the city in 2009. Most of those stopped (55 percent) were black (a large portion were also Hispanic), most were young and almost all were male. For reference, according to the Census Bureau
United States Census Bureau
The United States Census Bureau is the government agency that is responsible for the United States Census. It also gathers other national demographic and economic data...
, there were about only 300,000 black men between the ages of 13 and 34 living in the city that year. A mere 6 percent of the stops resulted in arrests.”
Airport patdowns
After the October 2010 cargo planes bomb plot, the U.S. increased air passenger screenings, and expanded a new, more thorough pat-down procedure for airline passengers. Chris Calabrese, legislative counsel for the American Civil Liberties UnionAmerican Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
(ACLU), complained, saying “Americans now must choose between a virtual strip search
Strip search
A strip search is the stripping of a person to check for weapons or other contraband.-Legality of strip searches:...
and a grope”, but declined to say whether the ACLU would file a legal challenge to the new procedure.
See also
- Don't touch my junkDon't touch my junk"Don't touch my junk" is a phrase that became popular in the United States in late 2010 as a criticism of Transportation Security Administration patdowns. The word "junk" is American English slang for a person's genitals...
- Full body scanner
- Proactive policingProactive policingProactive policing is the theory and practice of engaging criminals before they commit a crime, thereby preventing crime from taking place in the first place. Police action after receiving a complaint or call for help from the public does not constitute proactive policing...
- Search and seizureSearch and seizureSearch and seizure is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.Some countries have...
- Search of personsSearch of personsPolice officers in various jurisdictions have power to search members of the public, for example, for weapons, drugs and stolen property. This article concerns searches of members of the public who have not been arrested and who are not held in detention. For search powers in relation to those...
(UK) - Stop and identify statutesStop and Identify statutes“Stop and identify” statutes are laws in the United States that allow police to detain persons reasonably suspected of involvement in a crime and require persons so detained to identify themselves to the police....