How to Define a 'High-Crime Area'?
Requiring that there be some empirical basis for the assertion that an area is afflicted with high crime rates would be a first step in determining whether use of the concept in Fourth Amendment doctrine is justified by its actual efficacy.
August 15, 2021 at 10:00 AM
3 minute read
Criminal LawThe New Jersey Supreme Court has just taken certification in State v. Nazier Goldsmith, in which it will revisit the often examined issue of whether police officers had a reasonable and articulable suspicion to stop and frisk defendant when there was no probable cause to arrest. These cases invariably involve assertion by the police of some combination of "nervous" appearance, "furtive" gestures or body language, "bulges" in pants, or being found in a "high-crime area." In Goldsmith, each of these except protrusions in clothing was alleged, and the courts are reluctant to challenge all but the most implausible assertions of reasonable suspicion when based on these fairly malleable factors.
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