The Fourth Amendment of the U.S. Constitution prohibits unlawful search and seizure. There are many ways in which a search and seizure can be unlawful, from the illegal search of a person to the unlawful seizure of property from an alleged criminal suspect’s home or motor vehicle. One of the more contentious issues concerning the Fourth Amendment and its protection is the practice of “stop and frisk.” In 2013, The New York Times published an article about the prevalence of racial discrimination in “stop and frisk” procedures and programs. Despite the fact that a New York court found the NYPD’s stop and frisk program to be racially discriminatory, that same year the Detroit police chief asserted that stop and frisk procedures would not change in Michigan.
What is a stop and frisk, and when is it unlawful?
If you believe your rights were violated during a stop and frisk or have been charged with a crime following such an incident, it is crucial to take immediate action to protect your rights. Fourth Amendment violations, including unlawful searches and seizures, can have a significant impact on your case, and you need experienced legal representation to challenge these actions effectively. At Michigan Defense Law, Oakland County criminal defense lawyer Paul J. Tafelski and our skilled legal team are dedicated to defending your constitutional rights and providing the aggressive defense you deserve. Contact Michigan Defense Law at (248) 451-2200 today to schedule a consultation and get the help you need to fight your case.
Fourth Amendment Protects Against Unlawful Search and Seizure
The first thing to know about “stop and frisk” is that the question of its legality falls under the Fourth Amendment to the U.S. Constitution. The Fourth Amendment guarantees every person’s right to be free from unreasonable searches and seizures. It also guarantees that those rights shall not be violated and that no warrants shall issue for searches or seizures without probable cause.
In other words, the Fourth Amendment prohibits illegal searches and seizures—a search of a person’s pockets or clothing more generally, purse or backpack, car, home, or other belongings without probable cause. Probable cause is a relatively high standard to meet, and it is higher than the standard of reasonable suspicion, which is needed to stop a person who is suspected of violating the law. Where, then, does “stop and frisk” come into play, and is “stop and frisk” a violation of the Fourth Amendment if a police officer does not have probable cause?
Defining Stop and Frisk
According to the Cornell Legal Information Institute (LII), a stop-and-frisk occurs when the police stop a suspect and search him or her quickly, in a non-intrusive manner. Under the Fourth Amendment, in order to stop a suspect, the police must have a reasonable suspicion that the person being stopped has committed or is committing a crime. If the police reasonably suspect that the suspect has a weapon or poses a threat, then they may frisk him or her with a quick pat-down.
The “stop and frisk” is also known as a “Terry Stop,” which is a term that comes from the U.S. Supreme Court case of Terry v. Ohio (1968). In Terry, the Court explained that a stop and frisk cannot be “unreasonable” or else it will violate the Fourth Amendment. The Court defined a reasonable stop and frisk as one in which a reasonably prudent police officer believes that his or her safety or that of others is at risk. In that case, the officer may make a reasonable search for any weapons that might be on the person of the suspect.
Can You Refuse to Show ID in Michigan?
In Michigan, whether you must show identification to a police officer depends on the situation. During a stop and frisk or Terry stop, officers may temporarily stop you if they have reasonable suspicion of criminal activity. However, merely being stopped does not automatically require you to provide a physical ID. In most cases, if an officer asks you to identify yourself during these interactions, verbally stating your name is sufficient under Michigan law unless you are formally arrested or detained under specific legal grounds.
Under Michigan law, you are not obligated to carry or show an ID at all times. However, if you are driving, the Michigan Vehicle Code mandates that you present your driver’s license, registration, and proof of insurance upon request by law enforcement. Failure to do so can result in charges related to driving without a license or other related infractions. Similarly, activities requiring a license, like hunting or fishing, obligate you to present the appropriate documentation when asked by law enforcement.
If an officer stops you and you choose not to provide your ID, it is essential to remain calm and polite. You may inquire if you are being detained and on what grounds. If not detained, you may ask if you are free to leave. It is crucial to understand that while you may refuse to show your ID in non-driving situations, doing so can sometimes lead to further scrutiny or prolonged interaction with police. Understanding how stop and frisk scenarios intersect with identification laws is crucial for asserting your rights while avoiding unnecessary conflict.
| Situation | Requirement to Show ID |
|---|---|
| General Public Encounters | Not required to carry or show ID unless formally arrested or detained under specific legal grounds. Verbal identification is usually sufficient. |
| During Traffic Stops | Required to present driver’s license, registration, and proof of insurance as mandated by the Michigan Vehicle Code. |
| Licensed Activities (e.g., hunting, fishing) | Required to present appropriate documentation when requested by law enforcement. |
Learn More from a Michigan Criminal Defense Lawyer
As the article in The New York Times underscores, the “stop and frisk” has been used in discriminatory ways, and many people are subject to unlawful searches. If you were arrested after a stop and frisk, you should speak with a Michigan criminal defense lawyer about your options. Contact us for help with your case.
