![]() ![]() This was not mere "suspicion" but "reasonable suspicion" which could be articulated at a later date. This brief detention and search were deemed admissible by the court, judging that the officer had reasonable suspicion which could be articulated (not just a hunch) that the person detained may be armed and dangerous. The men appealed their case to the Supreme Court, arguing that the search in which the revolver was found was illegal under the Fourth Amendment. The police conducted a pat down search and discovered a revolver, and subsequently, two of the men were convicted of carrying a concealed weapon. Ohio, in which a police officer detained three Cleveland men on the street behaving suspiciously, as if they were preparing for armed robbery. The concept of a Terry stop originated in the 1968 Supreme Court case Terry v. and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Ohio used only the "reasonableness clause" from the Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. Communities that have high rates of incarceration may experience more intense and punitive policing and surveillance practices even during periods of time when general crime rates are decreasing. There is concern that Terry stops do not account for possible implicit bias of officers, and possibly results in racially skewed decisions. There has been some state action at both the legislative and judicial levels, and also some cities have passed laws on these issues. However, Congress has not defined a baseline for police behavior. ![]() In the United States at the federal level, the Supreme Court has published many cases that define the intersection between policing and the Fourth Amendment protection against unreasonable searches and seizures. Additional rules apply to stops that occur on a bus. If the police stop a motor vehicle on minor infringements in order to investigate other suspected criminal activity, this is known as a pretextual stop. When police stop an automobile, this is known as a traffic stop. When police stop and search a pedestrian, this is commonly known as a stop and frisk. Reasonable suspicion is a lower standard than probable cause which is needed for arrest. Members of the House of Lords scrutinising the Policing Bill in the coming weeks should be asking whether these new powers will also be rolled out without a proper, published evaluation.A Terry stop in the United States allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity. “This appalling lack of transparency is particularly concerning given it comes at a time when the government is set to introduce further suspicion-less stop and search powers by piloting Serious Violence Reduction Orders. We call on the government to rethink its approach and either produce evidence which clearly and irrefutably supports expanding section 60, or else repeal the power and focus on what works - investing in tackling the root causes of violent crime. However, it seemingly fails to apply the same logic when it comes to policing and violence reduction. “Throughout the pandemic, the government has highlighted the importance of following the evidence to stop the spread of COVID-19. And yet the results are still being kept hidden, despite intervention by the Information Commissioner’s Office. It said the relaxation of the restrictions on suspicion-less searches was a pilot which they would evaluate. “We are frustrated by the government’s continued failure to publish any evidence behind the decision to permanently expand this harmful form of stop and search. Nina Champion, Director of the Criminal Justice Alliance, said: Her Majesty’s Inspectorate of Constabulary, Fire and Rescue Services (HMICFRS) recently announced it will investigate the police’s use of the power on our behalf. Government data shows 99 percent of searches under section 60 do not uncover weapons, and charities told us the power is damaging trust and confidence in policing, making it harder for police to tackle violent crime. In May, the CJA raised concerns about section 60 in a super-complaint against the power. ![]() Three months later, we are yet to receive a response. We wrote an open letter to the Home Secretary and submitted a Freedom of Information request calling for the data. In 2019, the government launched a pilot which removed previous restrictions around section 60 stop and search, making it easier for police forces to use the harmful and ineffective power. In July this year, the government announced it would permanently remove the restrictions, without publishing any evidence behind its decision. ![]()
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