Invalidation Of New York City’s “Stop & Frisk” Law
 Does it pose a threat to law enforcement?   

Invalidation Of New York City’s “Stop & Frisk” Law - Does it pose a real threat to law enforcement in New York and other states: The answer is, "It depends." 

It depends on which law a state is seeking to enforce. If a state is seeking to enforce laws that are constitutional, then the court's decision to invalidate New York City's "stop and frisk" law does not hinder such. But if a state (or city) is trying to enforce an unconstitutional law, like "stop and frisk," then yes, the courts’ ruling hinders it.

Police cannot legally just stop and frisk people because they happen to live in a dangerous part of the city or are near where crime often takes place. And that is what some police have been doing in parts of N.Y.C.

Oh, yes, it was cutting down on criminal activity in those places, because it was catching bad people with guns and making many bad people think twice about carrying guns on them in certain parts of the city. But what about the law-abiding citizens? What about the person walking to the store or home from school that was being stopped and frisked, just because he lived in a bad section of town? This was just wrong.

So while it was cutting down on street crime criminal activity, it was upping crimes committed by cops, with illegal searches of people doing nothing wrong.

Some people want to claim that "stop and frisk" was not racially motivated because it had to do with where people lived and or were walking, and not the color of their skin. I beg to differ with that theory. Fact is, if this were to have been happening in a predominantly white section of the city, it would just have never been happening.

I don't care how bad crime might get in my neighborhood, if a cop wanted to frisk me just because I was walking to the store, I would sue him for breaking my constitutional right to no unreasonable search of my person. I would be protesting in the streets if I could not walk up and down my street without getting frisked. And I dare any white person who thinks what N.Y.C. had been doing was okay, to swear under oath that he/she would be cool with it (while hooked up to a lie-detector test.)

We have a constitution to protect us from awful things happening to us. And law-abiding citizens who simply live in a bad section of a city, have the same U.S. Constitutional protections as the rest have.

N.Y.C. will have to just find another way to cut crime

Debra J.M. Smith 08-19-13


© Debra J.M. Smith