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View Diary: Stop-and-frisk on trial (175 comments)

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  •  "articulable" (12+ / 0-)

    A great word and very significant in the execution of a "Terry stop" (Terry v. Ohio).  As I learned it, articulable means the cop must be able to convince a disinterested third party of the "reasonable suspicion" he has concerning the immediate commission of a crime, prompting the stop of the individual.  "Gut instincts," etc., do not qualify.  If he can't verbally convince this theoretical person, he doesn't have the suspicion necessary to make the stop.

    ADDITIONALLY, he must have reason to believe the person he has stopped is carrying a weapon in order to frisk him.  (That's two burdens to be overcome before he touches anyone.)

    And the frisk is solely to determine if the individual is carrying a weapon which might put the cop in danger.  When you see the cop pinching pocket contents, he's looking for other illegal items like drugs.  This is legally prohibited, IIRC.

    A Terry stop is a huge intrusion on one's rights.  It should be allowed only in a by-the-book instance but the NYC cops seem more interested in demeaning and bullying young, brown men.

    Thanks for reporting on this.  This behavior is spreading to other cities and it must be stopped.

    Guns don't kill people but there's always one there at the time of death.

    by john07801 on Sun Mar 24, 2013 at 09:54:02 AM PDT

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