Whether you chose to watch Monday night’s debate, or simply looked on the internet for anything the next day, you know that the controversial practice of “stop and frisk” made its way back into the public’s eyes this week. In particular, the candidates debated whether or not the practice was legal in their own home state of New York (it’s not; a judge ruled it unconstitutional in New York), and whether or not it’s effective or inherently racist.
Cornell University Law School defines stop and frisk as:
“A brief, non-intrusive, police stop of a suspect. The Fourth Amendment requires that the police have a reasonable suspicion that a crime has been, is being, or is about to be committed before stopping a suspect. If the police reasonably suspect the person is armed and dangerous, they may conduct a frisk, a quick pat-down of the person’s outer clothing.”
That part about reasonable suspicion is really important. Without reasonable suspicion, law enforcement officials are not supposed to engage in strop and frisk. If done correctly, it’s a perfectly legal practice for police here in Tennessee and in lots of places throughout the country.
When Local 8 News wanted to get the full story about stop and frisk, they visited our very own T. Scott Jones, who told them that it does not violate the Constitution, provided that the stop wasn’t based on the person’s race. He went on to say “It can’t just be the color of your skin or where you’re located… [Police] have to indicate, in a reasonable basis, that they believe you’re about to commit a crime.”
Stop and frisk is legal in Tennessee, but only when conducted for the right reason. Police can’t target people simply because of the color of their skin; they have to believe that someone is about to commit a crime. If they use racial profiling, however, it could be considered an illegal search – and that is a violation of your Constitutional rights.
It you are facing criminal charges, Knoxville defense attorney T. Scott Jones knows how to help. To learn more about our services, contact Banks and Jones by calling 865-546-2141, or by filling out our contact form.
T. Scott knows the importance of interacting with colleagues to stay abreast of developments and changes in the legal world. T. Scott frequently teaches CLE courses on trial strategy, teaching other lawyers his methods for success in the courtroom, and is certified as a Rule 31 Mediator in the Tennessee Supreme Court. He is a member of the Knoxville Bar Association, the Tennessee Bar Association, the National Trial Lawyers, and both the Tennessee and American Associations for Justice.
Read more about T.Scott Jones
