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This may be a very broad question, but how does this apply to NYC’s stop & frisk procedures? They seem to approach it a tad… differently.
Nathan’s written a couple of articles on that in the past. I can’t remember the address, but I think a decent summary (if I read it right) would be that he can’t see how it could possibly be mistaken for constitutional, and even if it was it’s a horrible idea anyway that fosters resentment and an adverserial attitude with cops more than anything else. Hopefully I’ve got that right; I’d hate to put words into his mouth.
https://burneylawfirm.com/blog/2013/07/23/ray-kelly-on-stop-and-frisk-you-saved-how-many-lives/
https://burneylawfirm.com/blog/2013/08/19/is-ray-kelly-a-complete-idiot/
Here you go.
Ah yes, good ol DWB offenses. Driving While Black.
The technical term is “pretext stop,” but yeah. To an extent, these are the shadow of the strict liability offenses detailed in the Crim Law section: Everybody’s engaging in plenty of questionable/illegal activities, and it’s essentially arbitrary whether any particular individual gets busted. As a result, the police have an articulable justification of some variety for just about any basic stop if they’re so inclined. It’s typically for some low-level BS, not worth the cop’s time on its own, but it lets them act on their gut instincts without “officially” doing so. The issues with that are fairly obvious, but without some deeper statutory reform, there’s not much to be done about it outside of cases with truly flagrant abuse.