Use of Race in 'Stop-and-Frisk': Stereotypical Beliefs Linger, but How Far Can the Police Go?

Abstract

There is an increasing awareness among courts, commentators, and the public that race plays a critical role in police stop-and-frisk decisions. The report by the New York State attorney general’s office presents compelling evidence that race has played a dominant role in the New York City Police Department’s stop-and-frisk practices. The report documents what for many years New Yorkers have assumed: That too many police officers equate a person’s race with criminal behavior and act on that belief. When presented with such a claim, courts should take a very hard look at the government’s justification for its actions. There is no place in constitutional law or criminal justice for a theory of “reasonable” racial discrimination.