SAGE Journal Articles

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Journal Article 1: Ross, D. L., & Myers, J. J. (2009). Officer safety trumps passenger privacy: Arizona v. Johnson. Criminal Justice Review, 34, 468–481.

URL: https://journals.sagepub.com/stoken/default+domain/fyjPYxFCC8w2UxaTM2ay/full

Abstract: In a unanimous 2009 opinion, the Supreme Court of the United States ruled that the Fourth Amendment authorizes officers to frisk vehicle occupants during a traffic stop if there is reasonable suspicion to believe that the person is armed and dangerous. Situations reasonably suggesting the possible presence of weapons by any or all seized persons during legitimate traffic stops now affirmatively allow an immediate show of authority to neutralize the potential danger. The decision resulted from the court’s balancing interests under the Reasonableness Clause of the Fourth Amendment. The nature and extent of the passenger’s privacy interest in bodily integrity was weighed against the government’s interest in officer safety. Officer safety trumped passenger privacy. Although there are those who would claim that the current decision is but another step toward dissipating the Bill of Rights provision as it relates to matters involving the automobile, the decision is more of an evolution than an outright abandonment (Coolidge v. New Hampshire, 1971). The Fourth Amendment mandates that all searches and seizure be reasonable. This article discusses the evolution of Fourth Amendment law as it relates to frisks involving vehicles and its occupants. This research traces the evolution of these frisks from its earliest roots under Carroll v. United States (1925), to its inception under Terry v. Ohio (1968) and finally, to the most recent decision, Arizona v. Johnson (2009). Society’s privacy interests and police officers’ safety interests are explored from a practical and workable context such that an appropriate balance of conduct may result when conducting legitimate traffic encounters.

Journal Article 2: Ferrandino, J. (2014). Minority threat hypothesis and NYPD stop and frisk policy. Criminal Justice Review, 40, 209–229.

URL: https://journals.sagepub.com/stoken/default+domain/GGAUn3SjN5U5kFYDpdhe/full

Abstract: This study analyzes New York Police Department (NYPD) stop and frisk policy using a minority and Black threat framework. Using Blacks in White-dominated neighborhoods as the reference group, this study compares four distinct police actions (frisks, searches, sanctions, and force used) during 481,027 stops in 2012 in 297 geographic information system (GIS)-defined New York City (NYC) neighborhoods. Descriptive analysis reveals the scope of isolation between Whites and Blacks as well as the ratios of police action for each group within each neighborhood type, with Blacks in White-dominated and nondominated high White neighborhoods exceeding their population proportion and crime propensity ratios across all four police actions, consistent with the Black threat hypothesis. Logistic regression results provide further support for the application of Black threat hypothesis to NYPD stops and frisks. When controlling for other factors, race/neighborhood factors remain significant though the odds ratios are far below the population proportion and crime propensity benchmarks. These results are placed in the context of previous research findings and the implications of minority threat hypothesis are discussed in light of the specific Black threat in NYC. In the aggregate, the findings also include limited support for the “out of place” and defended neighborhood perspectives though much less for the criminogenic perspective relative to Blacks in White-dominated and other race/neighborhood categories.