The "stop and frisk" is the most common search and seizure procedure that citizens encounter with police. Though it may only last a minute or two, it is an intrusive and humiliating experience.
The police do NOT have a right to arbitrarily stop and frisk you. It is legal for a police officer to stop and frisk you only if they have a "reasonable suspicion" that you are involved in criminal wrongdoing.
A reasonable suspicion of criminal wrongdoing is not a "hunch." A reasonable suspicion is not being present in a high-crime area. A reasonable suspicion is not being black or Latino in a white neighborhood (or being white in a black or Latino neighborhood). And reasonable suspicion is not merely being identified by an anonymous tipster that you have engaged in criminality.
Rather, in order to stop you, an officer must have specific and articulable facts that warrant the stop. In the course of stopping you, the officer may frisk you if it is reasonable to believe that you pose a danger. A frisk is a pat down on the outside of your clothes to feel for weapons. The officer may not go into your pockets even in a justified stop and frisk unless he has probable cause to believe that you have a weapon or contraband hidden away. You can read more about that in "False Arrests and Malicious Prosecutions."
What to do if you're illegally stopped and frisked.
Although New York City police officers are required to fill out a form called a "UF-250" when they stop and frisk someone, often they do not. If you are not arrested, there may be no paperwork to help you identify the officer who stopped you. So it's important to try to get the name and shield number of the police officer who stopped and frisked you. If you can not get that information, try to get a license plate or if it's marked the number on the side of the car. Any physical description of the officers can be helpful too. Also, make a note of the time, place, and date of the incident.
Whether or not you have a good identification of the officer, you still have options. First, you can complain to the Civilian Complaint Review Board ("CCRB"). The CCRB is an independent agency devoted to investigating civilian complaints against police officers. When you call the CCRB, they will take very basic information about you and the incident, then set up an appointment to meet with an investigator.
You can also hire a civil rights attorney with the experience and willingness to take on the police department. At Stoll, Glickman & Bellina, LLP we do it every day. We take your rights seriously. We believe in what we do, so even if you have not been physically injured by the police, our attorneys will fight hard to enforce your rights.
