User:Seahawk01/Notes:Terry stop
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tactical v. departmental level (mass use of Terry stops)
[edit]Distinction needs to be made between incident (tactical) level, which is governed by law and departmental (strategic) level. See:
Fradella, Henry F.; White, Michael D. (2017). "Reforming Stop-and-Frisk" (PDF). Criminology, Criminal Justice, Law and Society. 18 (3): 45–65.
This is where NYPD got in trouble (see Stop-and-frisk in New York City) by using mass terry stops as a departmental strategy.
notes on historical section
[edit]Before Terry v. Ohio:
- built on English commmonlaw ("watchman" detains "nightwalkers")
- before 1963 more than half the states did not have exclusionary rule in state law. In states without it the police were free to detain and search people because evidence would not be excluded
- Supreme Court forced exclusionary rule onto states 1963 with Mapp v. Ohio
- problem with exclusionary rule - police have other reasons to harass people besides arrest
- mention vagrancy rules, etc. which were phased out around this time
- Supreme Court forced Miranda onto states - Miranda v. Arizona (1966)
source: Katz 2004
After Terry v. Ohio:
conservative court from 1969 to present plus:
- Nixon's get tough on crime 1969
- Nixon, Reagan, Bush, etc
- War on Drugs
- DEA - Operation Pipeline - drug courier profiles
- Highway drug interdiction - Whren v United States - pretextual stops
- Clinton and mass incarceration
- War on Terrorism
stop-and-frisk class action suits
[edit]"Stop and frisk in 4 cities: The importance of open police data". Sunlight Foundation. 2015.
Cincinnati, 2002
[edit]"The Cincinnati Collaborative Agreement". ACLU of Ohio.
Philadelphia, 2010
[edit]"Bailey, et al. v. City of Philadelphia, et al". ACLU of Pennsylvania.
New York, 2013
[edit]"Judge Rejects New York's Stop-and-Frisk Policy". New York Times.
"The Stop-and-Frisk Challenge". The New Yorker.
Chicago, 2015
[edit]"Stop and Frisk". ACLU of Illinois.
Milwaukee, 2018
[edit]"Collins et al v City Milwaukee et al". ACLU. July 10, 2018.
"Milwaukee Mayor Tom Barrett signs off on $3.4 million settlement in ACLU stop-and-frisk lawsuit". Milwaukee Journal Sentinel. July 13, 2018.
"ACLU Attempts to End Stop-And-Frisk Policing". Urban Milwaukee. October 18, 2018.