Present Facts Flashcards
US v. Lopez
a. Airport search based on skyjacker profile
i. Cops must have reasonable suspicion
ii. A narrowly circumscribed protective weapons “pat-down” or “frisk” is constitutionally permissible (independent of race, color, creed)
b. Flaw in this case: used ethnicity as a factor
i. Based on updated (and unapproved) profile
ii. Use of ethnicity a no-no!
Floyd v. City of New York
a. Stop and Frisk case
b. Whites only stopped 10% of the time but had higher rate of weapons/contraband
i. Blacks/Latinos far more likely to be stopped but less likely to carry guns/drugs
c. Stop and Frisk report worksheet only had check boxes which didn’t force officers to explain their actions
d. Holding: Unconstitutional under 4th amendment for lack of reasonable suspicion; 14th amendment as stops were made based on race (racial profiling)
i. 2nd Circuit put order on hold based on judge partiality but de Blasio stopped appeal
ii. More bad guys have been caught after Stop and Frisk was stopped
Martinez-Fuerte
a. Border Patrol checkpoint/4th amendment issue
b. SCOTUS holds that stopping motorists at stationary checkpoint based on ethnicity as a factor is OK
c. Roving stops not OK
Reasonable Suspicion for drug couriers
1) Attempts to avoid surveillance
2) Attempts to conceal identity
3) Access illegal drug markets
4) State of emotional arousal
Sokolow
a. Drug courier from Miami to Hawaii
i. Social Indicators
1) Paid for tickets in cash
2) No checked luggage
3) Nervous
ii. Court says one factor does not give reasonable suspicion but totality of factors does!
1) 2 prong test
a) Suspicion of ongoing criminal activity
i) Use of alias or evasive movement through airport
b) Personal characteristics
i) Paid for tickets in cash
ii) Nervous
Short trip to drug area
Terry
a. Officer McFadden had 39 years experience
i. Stopped suspects based on hunch
b. Rule: police can stop and detain suspect with reasonable suspicion supported by articulable facts that criminal activity “may be afoot” (even if lacking probable cause)
New Jersey v. Soto
a. Profiling of black drivers
i. Study by Dr. Lamberth
1) Showed blacks were disproportionately stopped
2) Race can be identified at night
So no excuse
Key issues for courts in reviewing “present” social frameworks
a. Seriousness of crime to be prevented
b. Degree of law enforcement intrusion
c. Validity of risk assessment
d. Standard of Constitutional review for the risk factors
