What is stop-and-frisk?
When is stop-and-frisk allowed, and when is it unconstitutional? Imagine walking down the street, minding your own business, when suddenly a police officer stops you, physically searches your body, and does not allow you to leave. What is 'stop and frisk,' and is it even legal? Professor Dan Capra from Fordham Law School takes us through a detailed examination of the practice and its underpinnings in the Supreme Court's decision in Terry v. Ohio.
The practice of stop and frisk has been debated at the highest levels of government, even making an appearance in presidential debates. But what are the conditions that make it legal or illegal? Professor Capra explains the standards of 'reasonable suspicion' and 'probable cause,' shedding light on when and how officers are allowed to stop, question, and search individuals. But he also delves into the more problematic side of this practice, revealing how it has been used in a way that disproportionately harms minorities, particularly African-American men, as evidenced by a high-profile lawsuit against the New York City Police Department's program. Stop and frisk may be legal when conducted properly, but the lines are often blurred. Explore the complex legal framework behind stop and frisk in this enlightening conversation that takes you beyond the headlines and into the heart of a subject.
Professor Daniel Capra is a professor at Fordham Law School. He is a nationally recognized expert on evidence and criminal procedure.