Stop and Account, Stop and Search, and Racial Disparities

For U.S. readers, the title of this post may not seem quite right. You’ve heard of stops, based on either reasonable suspicion or probable cause, and frisks for weapons following a stop. You know about racial disparities in criminal justice data. But, what’s stop and account? Stop and search? And, how do they differ from stops and frisks? As I’m in London for the fall, the answer is pretty obvious that these terms refer to police authority in the UK. What may be less obvious is how this authority resembles the stopping powers of law enforcement officers in the US. Stop and account. In the UK (except in Scotland), police have the authority to stop you without any grounds and ask you limited questions, such as your name, what you’re doing in the area, and where you’re going. This authority to stop and question is commonly referred to as stop and account. You do not have to answer an officer’s questions or even stop if the officer does not have reason to suspect you of criminal activity. The UK government’s official website helpfully describes these powers and your rights here. US criminal law does not give officers this authority. Under the Fourth Amendment of the US Constitution and comparable state constitutional provisions, officers ordinarily must have individualized suspicion, in the form of reasonable suspicion or probable cause, to stop a person even to ask for identification. I had no difficulty explaining to the students in my class the legal difference between [...]