This website uses cookies to ensure you have the best experience. Learn more

Temporary Questioning Of Persons In Public Places: Search For Weapons

2481 words - 10 pages

Temporary Questioning of Persons in Public Places, Search for Weapons

Victoria K. Poon
CJ 300-03
Winter 2014

Temporary Questioning of Persons in Public Places; Search for Weapons
In the City of New York, it is not unusual to feel uncomfortable or petrified when approached by an officer of the law. It is not uncommon to notice the disrespect that individuals have towards the New York Police Department. It is not strange to see the misconduct that police officers use on the public. It is not unusual to see the corrupt in the New York Police Department. However, it is uncommon to see police officers who enforce the laws of New York with their unbiased discretion. Temporary questioning of persons in public places and search for weapons has been a major controversial topic for years. Many have sought it to be a legal way to racially profile an individual.
It was not until recently this past summer, August 2013, which the Supreme Court of New York City; on the case of Floyd v. New York City, 813 F.Supp.2d 457. The Supreme Court of New York City ruled that it was unconstitutional of the way it was being implicated, which ended the long term practice of Stop, Question and Frisk.
The Fourth Amendment is to protect individuals from unreasonable searches and seizures without a warrant. The Fourteenth Amendment also includes the Equal Protection issue that provides citizens the right to be protected from being discriminated against an improper manner because of race or class.
Stop, Question and Frisk or Temporary Questioning of Persons in Public Places became a law in New York after a police incident that occurred in Ohio. In 1968, in the case of Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968), “The officer descried the Petitioner verbalizing with another individual on a street corner while pacing up and down the same street. The men would periodically peer into a store window and then verbalize some more. The men verbalized with a third man whom they eventually followed up the street. The officer believed that the Petitioner and the other men were checking the exterior and interior area of the store for a potential larceny. The officer decided to approach the men for querying, and given the nature of the comportment the officer decided to perform an expeditious search of the men a fore querying. An expeditious frisking of the Petitioner engendered a concealed weapon and the Petitioner was charged with carrying a concealed weapon.” In which the United States Supreme Court decided that the search is reasonable when an officer performs a quick seizure and a limited search for weapons on a person that the officer reasonably believes could be armed and cause danger to individuals of the community or to the officer. A typical beat officer would be unduly burdened by being prohibited from searching individuals that the officer suspects to be armed.
However, in Floyd v. City of New York City, 813 F.Supp.2d 457, is a...

Find Another Essay On Temporary Questioning of Persons in Public Places: Search for Weapons

Banning Cigarettes in Public Places Essay

2690 words - 11 pages for someone to drink he or she has to buy his or her alcohol from a licensed salesperson. If he or she wants to drink then he or she has to stay at that bar or restaurant. An alternative for them would be that he or she could go somewhere where other people are not in the way of their harm. If alcohol is a drug and can't be used in public, then cigarettes should be forbidden in public places because it contains the drug nicotine in it. Nicotine

Banning smoking in public places Essay

3337 words - 14 pages unborn child through her obstetrician. Smoking in public not only affects unborn fetuses but as the children age and continue to live in an environment and being in public places that support smoking habits this could eventually develop into a condition known as diabetes type two. Works Cited A Citywide Smoking Ban Reduced Maternal Smoking and Risk for Preterm Birth’s A Colorado Natural Experiment: Journal of Women’s Health Mary Ann

The Debate of Banning Smoking in Public Places

1124 words - 4 pages anyone is around you, you are making that choice for them and damaging their body not just yours. Is this unfair? Throughout this essay I will discuss the pros and cons of smoking and smoking in public places and discuss how smoking affects you and others around you. Most people are unaware that one cigarette contains over 4,000 gases and chemicals, many of which are poisonous. These substances include ammonia (found

Should Smoking be Banned in Public Places?

755 words - 4 pages Although smoking tobacco in public places is considered a personal choice, it does not have any advantages. Smoking causes various amounts of issues to a person’s health. First and foremost, it has been proven that tobacco consists of carcinogenic compounds which cause serious harm to a person’s health, and not only the smoker. Anyone around them can develop cancers of the mouth, lung and throat. It is simply not fair to impose this upon another

Tearoom Trade: Impersonal Sex in Public Places

1940 words - 8 pages Laud Humphreys’ book “Tearoom Trade: Impersonal Sex in Public Places” was originally published in 1970. Humphreys earned his PhD from Washington University in St. Louis, although several faculty members tried to rescind it due to his research methods that were perceived to be “dishonest”. His book details the activities of homosexual men who regularly visit public restrooms (tearooms) to find quick anonymous sex. Since Laud Humphreys was a

Should Smoking Be Banned In Public Places

875 words - 4 pages . The article says over 4,000 varied chemicals, which can cause cancer, include in the cigarette. According to the evaluation, it has about 164,100 conditions are involved by lung cancer and 156,900 people die of lung cancer in the United States in 2000. ("Facts About Lung Cancer", 2001)Passive smoke is another reason for the people who support for banning smoking in public places. Smoking not only affects smokers but also threatens the life of non

Smoking In Public Places - Safe or Not?

749 words - 3 pages Smoking in Public, Safe or Not?      According to a article titled “Restricting Smoking in Public Places?” published in the July 21, 1986 U.S. News and World Report, five thousand people die each year because they have breathed someone else’s smoke (65).This finding alone should be enough to encourage smokers to consider the health of those non-smokers around them before they light a cigarette in a public place

Smoking In Public Places - Smoking Bans

559 words - 2 pages In current events, a huge issue among state and city lawmakers all over the country is the debate over whether or not smoking should be banned in public places. Many argue that allowing people to smoke in public places proposes serious health risks for innocent bystanders. Though the health risks are high, many still oppose the proposal of such laws. Business owners presiding over such establishments as bars and restaurants worry that the

Restricting Cell Phones in Public Places

692 words - 3 pages family time like it needs to. We only have our children for a few short years. This time should be savored, not taken for granted. I think taking the cell phones out of the equation would be beneficial for all the people involved. Restricting cell phone usage in public places can be beneficial to everyone involved. Being on the phone is not only rude and disrespectful to his or her family members, but also rude to anyone else they are having a meal with. It can be very disruptive to other people around the restaurant or public place, and everyone needs to take time away from the stress of work and enjoy time with friends and family, without interruptions.

Conviviality: A Must in Public Places

2916 words - 12 pages “CONVIVIALITY”, A MUST IN THE REALM OF PUBLIC The word “conviviality” is always accompanied by numerous positive interpretations such as pleasantness, welcome, warmth and cordiality. When referred to a place rather than a person it can be described as joyful, memory-making and lively. Conviviality is a much needed quality in the realm of public, definitely in recreational public places. A place where people feel warmly welcomed: a place where

Prison Programs For Families of Incarcerated Persons

1674 words - 7 pages strategies to use when in prison and out of prison. About one child in 50 in the United States currently has an incarcerated parent, but ensuing attachment disruptions for children depend substantially on the parent’s gender (Bretherton, 2011, p. 18). When fathers are imprisoned (by far the most common occurrence), 88% of the children continue to be cared for by their mothers (Bretherton, 2011, p. 18). Only 37% of fathers care for at least one of their

Similar Essays

Ban Of Smokeing In Public Places (Research For Paper)

743 words - 3 pages information detailing the economic advantages of smoke-free policies see the ASH briefing: exposure to second-hand smoke causes lung cancer, heart disease, asthma and strokes. Not only do by-laws which restrict smoking in public places help non-smokers breathe easier, they have added benefits of reducing overall smoking behaviour, generating increased public awareness

Smoking In Public Places Essay

1336 words - 5 pages The best thing to do for your body is to stop smoking and to never start (Thompson 1 of 2). Smoke stays on the walls, floors, clothing and toys smoke is everywhere (HANSSEN 1 of 2). Therefore smoking should be banned in public spaces because it causes harm to the smoker's body, as well as causing unwarranted health and economic problems for the public. People smoke in many places. Buses, hospitals, libraries, restaurants, bars, banks and even

Banning Smoking In Public Places Essay

626 words - 3 pages the idea to ban smoking in public places for their own reasons. Many avid smokers are against banning smoking in public places, they claim it would be against their rights and a waste of time. Everyone has rights; however, banning smoking does not take away the right to smoke, it implements areas where one can smoke. That being said, this ban would protect the non-smokers and eventually cut the use of tobacco; therefore, protecting smokers as well

Ban Smoking In Public Places Essay

587 words - 2 pages Banning smoking in public places Before people start smoking they have a choice, but once you are a smoker that choice goes and you then become an addict. Smoking is the inhalation and exhalation of the fumes of burning tobacco. The dried leaves of plants are smoked in a pipe or in cigar form, but mostly in cigarettes. European explores arriving in the western hemisphere observed native American smoking leaves of the tobacco plant in