According to the issue of McFadden’s case, it is obvious that it was reasonable for the detective to stop the two men. The two men had portrayed suspicious behavior by walking several times through the store as if they were targeting something (Rios, 2020). The fourth amendment of law gives police a permit to stop suspects at a reasonable point. Frisking of the suspects was necessary, the detective had to do it to know if they carried any potentially dangerous items with them. The fourth amendment policy also approves the conduction of searches under critical circumstances without a warrant. The act mentioned above also allows for frisking suspicious parties upon reasonable suspicion. It would have not made any difference if the men walked by the store every three times. However, in the case of each of them walking by once, a difference could have been made since no one would suspect them. Since the two men walked many times through the store path while staring through the window this could serve as an indicator of a potentially unlawful act. One of the factors that must have led the detective to believe that his suspicion was reasonable is well illustrated at the point where the detective identified himself as a police officer. He asked the two men their names and they responded offensively, which indicated that they could indeed plan an unlawful act. In addition, when the police officer spotted pistols in the men’s pockets it was a sign of unlawful behavior. According to Rios (2020), the first amendment allows police to deal with those whose speech goes beyond control. There is a difference between “stop and frisking” and “search and seizure”. Stop and frisk to a situation where the police undertake a non-welcoming stop on a suspect after realizing that they care about or planning to commit a crime (Rios, 2020). On the other hand, search and seizure is a process whereby police undertake a search after a crime has occurred (Rios et al., 2020). Searches are normally done after authorization is received from judges and is required to be conducted as soon as possible after an arrest.
Reference
Rios, V. M., Prieto, G., & Ibarra, J. M. (2020). Mano Suave-Mano Dura: Legitimacy policing and Latino stop- and- frisk. American Sociological Review, 85(1) 58-75.