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Running Head: Fourth Amendment and NYC Stop and Frisk Practices    
Fourth Amendment and NYC Stop and Frisk Practices    3
HOW DOES THE FOURTH AMENDMENT AFFECT NYC STOP AND FRISK PRACTICES?
Table of Contents
Introduction    3
Stop and Frisk Program    3
Importance of CompStat Operations    4
Stop and Frisk: Implementation    4
Fourth Amendment    5
Exceptions    6
Search Rules    7
Seizure of an Individual Suspect    8
Seizure of Property    8
Significance of Warrants    9
Importance of Reasonableness    9
Importance of Terry vs Ohio Case    10
Effect of Fourth Amendment on Stop and Frisk Practices    11
Conclusion    13
References    15
Introduction
    Stop and frisk practices program is based on a crime prevention strategy. This strategy has been implemented to allow the police of NYC to detain individuals on street, question them in case of any kind of suspicion, and even conduct a frisk by passing hands over the individual's outer garments. The program of stop and frisk can also be extended to public housing projects or private buildings where either the authority or the landlords especially ask for or request police patrols.
This strategy gained prominence in NYC during the 1990s with the adoption of CompStat management. CompStat is a data-driven system that combines management, philosophy, and organizational management tools in the police department. The central aim of this particular management system is to effectively reduce crime rates to a certain extent to improve the quality of life of the citizens. The police management system also aims at efficiently managing the resources and personnel by identifying spikes in different types of crime by the implementation of comparative statistics and address the crimes through the use of targeted enforcement. This paper aims to explore the effect of the Fourth Amendment on stop and frisk practices of NYC.
Stop and Frisk Program
    As has been mentioned earlier, the stop and frisk program is an essential offshoot of CompStat management. Therefore, before discussing the stop and frisk approach of the NYC police system, it is essential to have a brief overview of the CompStat management of police departments. According to Kimberly (2018), CompStat management is an effective method of reducing the crime rates of a place through the observation of crime statistics for a particular period. It works through the help of four significant steps. These are: intelligence or information need to be reported in a timely and accurate manner, acting immediately after the report by rapidly deploying the available resources, implementing effective tactics, and following up with the changes in crime relentlessly.
Importance of CompStat Operations
CompStat operations are highly important in the effective reduction in the rates of crime in NYC. According to Hunt (2019), statistical data and a comprehensive summary arecompiled by the personnel every week to get an idea of the week's crime complaints, arrests, and summons along with reports of significant crimes, patterns of certain criminal activities, and police actions to ward off the crimes. Followed by this, the data that is collected at a small scale is forwarded to the higher authorities of the CompStat Unit where the information is collated and stored in a city-wide database. According to Ulutürk and Wilson-Gentry (2017), the Unit takes the responsibility of preparing a report from the collected data thereby, providing information on performance indicators, making the process of understanding the emerging and established crime trends of the city easier and less hectic. The detailed information along with additional insights into deviations and anomalies help the police quickly discern their responsibilities. As per the observation made by Benbouzid (2019), the weekly crime control strategy meetings are also important to the effectiveness of the CompStat strategywhere commanders of the operational unit and agency executives meet once every week to discuss different criminal activities and quality of lives in their selected areas of duty.
Stop and Frisk: Implementation
The stop and frisk strategy, although implemented for a long time now, gained a new perspective during the Terry vs Ohio case in the year 1968. In the case, according to Ferrandino (2018), the Supreme Court of the United States ruled decision that the act of stopping, questioning, and searching civilians on the street will not be deemed unconstitutional and against the Fourth Amendment if the policers have a reasonable belief that the detainee is armed or carrying illegal things. Therefore, according to the Fourth Amendment, the suspicion of the police officers cannot be unreasonable. According to Levchak (2017), if the detainee is suspected to be armed, the police officers have the complete authority to give a rapid pat-down of the suspect's outer clothing. The concept of a frisk is also known as Terry stops, inspired by the case of the Supreme Court. According to Barlow (2017), the criminal activities that are heavily affected by the practice of stop and frisk are burglary, vandalism, possession of marijuana and other illegal drugs, and petit larceny.
    Michael R. Bloomberg has greatly supported the stop and frisk practice while he was serving the office. It has been recorded that during his official tenure from 2002 to 2013, five million citizens were stopped and questioned by the police officers on street because of suspicions (The New York Times, 2020). Although Bloomberg commented that they aimed to save lives, it resulted in victimizing black and Latino men. However, although the vast majority of the black community were suspected, very few weapons were seized from them (Levchak, 2021). It is due to this particular reason that the approach of stop and frisk has been deemed as racist and counterproductive. Based on the records that are available and observation of Cooley et al. (2020), it has been observed that black and Latino individuals were stopped as many as nine times in comparison to the white counterpart by the NYC police. However, a steady decline in the crime rates has been observed during the tenure of Bloomberg. In the year 2002, when he took the responsibility of office, the murder count of the city reduced to 600, whereas, in the year 2013, that is Bloomberg’s final year, the count dropped drastically to 335 (The New York Times, 2020).
Fourth Amendment
    The Fourth Amendment of the Constitution of the United States aims to protect the citizens from unreasonable searches and seizures. The goal of the amendment is to protect the people based on rights to privacy and freedom to safeguard them from unreasonable searches by the government. However, the Fourth Amendment does not guarantee protection from every kind of searching, questioning, and seizure, therefore, if the violation is not identified by the law then the amendment cannot be implemented and enjoyed by the detainee. According to Sundby (2018), if the claimant can prove that he/she has been a victim of an invasion of privacy, it is only then that the claimant or the victim will get the advantages of the Fourth Amendment. The claimant has to shed light on a justifiable expectation of privacy and the way it has been violated by the government. After the Terry vs Ohio case in 1968, the Supreme Court realized the importance of changing the basic rule of stop and frisk from withholding an individual from probable cause to reasonable suspicion. Else, there will be a violation of the Fourth Amendment.
Exceptions
    Under the Fourth Amendment, all kinds of warrantless searches are prohibited. However, there are certain exceptions to that. For instance, if an authority figure permits a search of a certain area, then the particular warrantless search will be considered legal. In case of incidences of a lawful arrest, according to Priester (2019), warrantless searching is allowed in the Fourth Amendment. Another significant exception happens during exigent circumstances, that is, situations, where the common people are exposed to some kind of danger or there, are pieces of evidence of imminent destruction or a chance where the suspect can escape the location. In such instances, to protect the people from imminent danger, warrantless searches are permitted in the Fourth...