A Look Back at The Legacy of Stop-and-Frisk in New York City - Between the Scenes REACTION
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- čas přidán 26. 08. 2024
- #TrevorNoah #StopandFrisk #BetweentheScenes
Jodi and Nick react to an earlier Trevor Noah Between the Scenes video about him talking about NYCs Stop and Frisk policy. This is an older video but still worth a conversation.
Original video found: • A Look Back at The Leg...
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As a black person I appreciate your insight on what Trevor discussed. It tells me that you guys are really good people. Thank you for reacting on this.
Appreciate this. We try to be good. Never perfect. But what we said we truly believe.
Thank you. 💛🌸
Thank you for reacting to Trevor honestly you guys are the best don't ever stop ♥️🇿🇦✨
Appreciate that.
Thank you!
Laws exist to serve people, not the other way.
The state exists to serve society, but we seem to be serving the state. It's perverse and weird
Shoutout to you guys 🥰🇿🇦
Guys, I'm so glad that you're open minded enough to extract and understand the message from this video. I'm a 78-y.o. African American and I can tell that in all aspects of our lives you will encounter various types of mistreatment, directly/indirectly. You go to a department store and you're automatically suspect, in my working years in retail sales (40 years) I always wore suit & tie, when ever in public I would overhear comments such as, he's a drug dealer or a pimp, (never seen a drug dlr. or pimp dressed as an exec.) As a kid I use to hear stories from the elders about various types of mistreatment and at the appropriate time would ask my mom why? I would get basically a talk about mankind and reference to bible teachings, etc., mainly taught certain disciplines on how to act and behave when we encounter the police. Didn't mean to be so long in my response, just wanted to give a little more understanding as to what life is like in our community, this just barely the tip of it. Enjoyed watching with you, Ed.
Currently there are 12 "Stop and Identify states" in the US. In Alabama, Delaware, Illinois, Kansas, Missouri, Nebraska, New Hampshire, New York, North Dakota, Rhode Island, Utah, Wisconsin, police can stop and "may demand" identifying information. Texas and Oregon have such rules for motorists.
But the key is that the only way cops can stop you is if they have "reasonable and articulable facts that cause suspicion that you have committed a particular crime, or are are committing a crime, or are about to commit a crime. It isn't enough to have a Spidey/Peter tingle that makes a cop think you might be up to something.
They have to be able to state (in court) what crime they suspected you of having committed (you're carrying a bloody knife and are all bloody and there is a dead body laying nearby), are committing a crime (they see you sneak up behind someone and stab them with a knife), or about to commit a crime (you are seen sneaking up on someone with a knife in your raised hand).
At that point they can legally detain you, arrest you, and identify you. You have to present ID or tell them your name and date of birth. If you give false ID information while arrested, that is a secondary punishable offense. If they can articulate that they think you are a danger to them or others, they can frisk and search you.
The problem is most cops either don't know the law and think it is enough for them to just think you might be up to something, without knowing what, for them to stop you, frisk you, and identify you. They can legally ask you to volunteer to let them search you and identify yourself "You don't mind if I search you for my safety, do you?" "Can I get your ID, please?" If you say "sure", they are in the clear. But if you tell them that you don't volunteer to any searches and seizures of your person or property, they are supposed to stop. However, they often choose not to stop, and if you don't file official complaints, they are still in the clear.
The Fourth Amendment prohibits unreasonable searches and seizures and requires warrants to be supported by probable cause. In Terry v. Ohio (1968), the U.S. Supreme Court established that it is constitutional for police to temporarily detain a person based on "specific and articulable facts" that establish reasonable suspicion that a crime has been or will be committed. An officer may conduct a patdown for weapons based on a reasonable suspicion that the person is armed and poses a threat to the officer or others. In Hiibel v. Sixth Judicial District Court of Nevada (2004), the Supreme Court held that statutes requiring suspects to disclose their names during a valid Terry stop did not violate the Fourth Amendment.
However, some "stop and identify" statutes that are unclear about how people must identify themselves violate suspects' due process right through the void for vagueness doctrine. For instance, in Kolender v. Lawson (1983), the U.S. Supreme Court invalidated a California law requiring "credible and reliable" identification as overly vague. The court also held that the Fifth Amendment could allow a suspect to refuse to give the suspect's name if he or she articulated a reasonable belief that giving the name could be incriminating.
The Nevada "stop-and-identify" law at issue in Hiibel allows police officers to detain any person encountered under circumstances which reasonably indicate that "the person has committed, is committing or is about to commit a crime"; the person may be detained only to "ascertain his identity and the suspicious circumstances surrounding his presence abroad." In turn, the law requires that the officer have a reasonable and articulable suspicion of criminal involvement, and that the person detained "identify himself," but the law does not compel the person to answer any other questions by the officer. The Nevada Supreme Court interpreted "identify" under the state's law to mean merely stating one's name.
I have been stopped and asked to identify for no good reason when I (a brown person) was younger. I asked the right questions, the cop didn't answer properly, yet I relented to a search and IDed myself, because I hadn't done anything. No big deal I thought. However, every contact goes into their database and can be used against you. I no longer allow them to keep adding me in that database. They also use your information to check you for any arrest warrants. That allows them to pad their record of stops and arrests showing that they are doing their job, rightly or wrongly does not matter.
I love 💕 your background.
The "secret society" and the "..LLOW" on the top right (or left) 🥳
Loved hearing your insights!
Thanks
I love you guys ❣️ l like the way you analysed everything 👌 you are on point all the way from its SA 🇿🇦🤞💯🇿🇦🇿🇦🇿🇦🇿🇦🇿🇦
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I can't believe how much longer the profiling takes to be resolved over in America compared to where I live in South Africa it's really strange seeing that American has been a democracy for so long I don't know if that's because some people are hard headed or is it because there's a lot more black people here but hopefully as a planet we can reach unity in the human race that should increase our evolution as well as a people