One-Eyed Floyd

Abstract

This brief essay, prepared for the online supplement to the University of Pennsylvania Law Review, is a critical examination of the opinion of Judge Shira Scheindlin in Floyd v. City of New York, a case examining the constitutionality of the stop-and-frisk practices of the New York City Police Department. The essay explores flaws in the opinion, and argues that judicial efforts to regulate stop-and-frisk tactics could well harm rather than help the vulnerable residents of high-crime minority communities.

Keywords: Stop and Frisk, Fourth Amendment, Equal Protection, Terry v. Ohio