This assignment discusses ethical problems for police regarding searches and seizures. In this assignment, I want you to think about the the ethics and constitutionality of searches and seizures and when the government (police) may abuse their authority in conducting searches and seizures, and the potential for racial profiling.
Answer the following question: Why are legal rules alone insufficient to guide police actions in the area of searches and seizures? Within your essay on this overall question, address the following:
1. Discuss law enforcement’s ability to make decisions and the discretion they have in performing their duties (their constitutional authority to stop, to frisk, to search and to seize.) Then discuss the importance of balancing the need to enforce the law (public order) versus the civil liberties of citizens (individual rights).
2. Research the controversial New York City Stop-and-Frisk policy – give a brief explanation of what this policy is, the trial that occurred and the outcome of that trial.
Case: Floyd, et al. v. City of New York, et al.
August 12, 2013
Judge sitting (Links to an external site.): Shira A. Scheindlin (Links to an external site.)
Citations (Links to an external site.): 959 F. Supp. 2d 540
Related actions (Links to an external site.): Daniels, et al. v. the City of New York (Links to an external site.) (E.D.N.Y. (Links to an external site.)); Terry v. Ohio (Links to an external site.)(United States (Links to an external site.) Supreme Court (Links to an external site.))
3. View the two videos below (The Scars of Stop-And-Frisk and Stopped and Frisked for Being a F*** Mutt). Write a reaction to the videos (approximately one to two paragraphs for each). Think about and discuss the importance of balancing public order versus individual rights and when a policy goes too far and violates constitutional protections.
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