1. Do you agree that police should be able to conduct a stop and frisk search? Why or why not? Consider the possible abuses of such a search, or, in the alternative, the consequences if such a search is not conducted at all.

Yes, I do think that the police should be allowed to carry out a stop and frisk search. On the streets, police officers often encounter uncertain and dangerous situations that could potentially threaten the physical safety of the public and also their own. Police officers absolutely need a flexible option such as stop and frisk search to allow them the flexibility to react according to the information they have at that point in time. Stop and frisk search helps reduce crime by making criminals think that they could be stopped and searched anytime; however, it may also end up inconveniencing law-abiding citizens. There could be concerns of biased behavior from police officers as minority groups often complain of being stopped more often in comparison to whites. There are even complaints of an unwritten quota system in the police department that awards promotions to police officers depending on how many successful “stop and frisk” searches (those that produce drugs or guns) they perform. With that being said, it is still undeniable that when applied correctly, “stop and frisk” power benefits the police department and average citizens as well. It is true though that a certain element of freedom has to be sacrificed to allow “stop and frisk,” but considering the serious threat of terrorism today when safety concerns are top-priority, it is only logical to allow it. After all, what is freedom worth if it does not come with security?

Reference:

http://lsr.nellco.org/cgi/viewcontent.cgi?article=1019&context=columbia_pllt

2. What rights are protected under the Fourteenth Amendment? Should they be? Why or why not?

Amendment XIV gives a formal definition of citizenship and protects the civil and political rights of an individual from being denied or cut-short by any state. The Due Process Clause of Amendment XIV recognizes substantive due process rights like marriage and parental rights as well as procedural due process rights which require that specific steps, like hearing, be taken before an individual’s property, liberty, or life is taken away. The Equal Protection Clause of Amendment XIV on the other hand provides equal legal protection to all people inside their jurisdictions. These rights are absolutely necessary because they give a meaning to the term citizenship, drive a sense of unbiased equality, protect personal liberties, and guarantee a due process for all.

Reference:

http://caselaw.lp.findlaw.com/data/constitution/amendment14/01.html#1