I am writing you as a concerned citizen that has been impacted by the decision of Judge Scalia in Whren v. United States supporting law officer’s ability to stop and search cars for little to no reason including skin color. For example, which of the following should a driver expected to be pulled over for? 1. Driving in a line of cars suspected of racing 2. Officer allowing the car to pass, then pulling back into traffic and stopping the car for tags not completely visible 3. Driving 20 miles over the speed limit 4. Being suspected of driving a stolen vehicle as license plate is visible in front and back window 5. Driving with green underglow lights If you were dark-skinned, you would have answered that you would be pulled over for each of these. How many of these violations generated a ticket? Two of them did speeding and underglow. How many were dismissed one - the traffic judge deemed that although Colorado Statute Title 42 indicates that only the highest-ranking official at an emergency command center can run green underglow, being stopped for this infraction alone was not enough to receive a citation and dismissed the charges. These types of stops happen to black drivers at a higher frequency than white drivers. I urge you to check and repeal this ruling and enforce the Fourth Amendment for all drivers. Drivers with dark skin should not be pulled over on the grounds of how they look, they should not be forced to wait while a law officer searches for something to
A police officer’s abuse of power comes from the amounts of stop and frisks towards people of color and the actions taken for the arrest. A police officer will use pre-textual stops to justify stopping a black person. If an officer deems a black person to be suspicious based on appearance, then that black person has committed a crime. John Clemons, writer of a journal article, “Blind injustice: The
In the first incident, Clayton Harris’s truck was pulled over by Officer Wheetley because it had an expired license plate. When Wheetley approached the vehicle the suspect
Driving while Black” is vernacular in the Black community that refers to police protocols that use “traffic laws too frequently stop and detain Black motorists for vehicle searches without probable cause or reasonable suspicion that would warrant being stopped by the Police (9,10).”
This paper outlines the studies, incidents, facts and statistics that have found evidence of racial profiling which causes distrust in the law enforcements (police, government etc0. Studies of racial profiling shows that blacks, Hispanics, Middle Eastern and other racial minorities are more likely to be stopped than those who are white. They are more likely to be stopped and searches, traffic stops, license and registration checks. In addition they are more likely to be ticketed or arrested after being stopped and search. Some scholars and studies believes that minorities being that are frequently stopped and searched has nothing to do with them being racially profiled. According to Roh and Robinson,” studies raise the possibility that minorities may be more involved in criminality (Gaines, 2006), some drug crimes (Lichtenberg, 2006), and speeding offenses (Lange, Johnson, & Voas, 2005), thereby justifying higher stop and arrest rates by police of some groups.” (Roh, S., & Robinson, M.)
Moreover, minorities were detained for longer periods of time per stop than whites, and were 80 percent of those whose cars were searched after being stopped. The discriminatory treatment of minority drivers was duly noted by Volusia County Sergeant Dale Anderson, who asked a white motorist he had stopped how he was doing; the motorist responded “Not very good,” to which Anderson responded, “Could be worse – could be black” (civilrights.org, 2011).
The practice of targeting individuals for police investigation based on their race alone in the last few years has been an increasingly prominent issue in American society. Numerous magazines, newspapers, and journals have explored the issue of race-motivated police actions. Recently, the ABA Journal did a study of New Jersey and Pennsylvania traffic stops from 1998 to 2001, concluding that black drivers were more likely to be pulled over and arrested than whites. The study also delves into the legal ramifications of the 1996 United States Supreme Court ruling in the Whren v. United States case, which held that police officers subjective motivation for stopping a motorist on the
Racial disparity in the Criminal Justice system has been a issue of discussion in our law enforcement for years. Statistics say the likelihood of imprisonment in a lifetime is 1 in 3 black men, 1 in 6 Latino men and 1 in 17 white men. (Bonczar2003) The search and seizure 4th amendment was passed in 1789 which was supposed to protect all persons of unreasonable searches, etc. In 1944 Gunner Myrdal wrote “it’s part of a policeman’s philosophy that Negro criminals or suspects that show any sign of insubordination should be punished bodily, to keep the negro in his place.” In the late 1960’s early 70’s there were many riot commissions that recommended changes in police practices, especially aggressive stop-and-risk procedures.(Skolnick1969) Racial disparities have been an issue for years, especially in traffic stops. There are a couple different approaches to help reduce or end racial profiling. The ACLU’s 5 part battle plan to end racial profiling (Harris2003), and The Racial Justice Improvement project (ABA2010). Racial profiling is an issue in many aspects of the Criminal Justice system. This paper will mainly be based on traffic stops and in sentencing.
The judicial system in America has always endured much skepticism as to whether or not there is racial profiling amongst arrests. The stop and frisk policy of the NYPD has caused much controversy and publicity since being applied because of the clear racial disparity in stops. Now the question remains; Are cops being racially biased when choosing whom to stop or are they just targeting “high crime” neighborhoods, thus choosing minorities by default? This paper will examine the history behind stop and frisk policies. Along with referenced facts about the Stop and Frisk Policy, this paper will include and discuss methods and findings of my own personal field research.
In New York City’s police department report in December 1999, the stop and frisk practices showed to be greatly based on race. In NYC, blacks make up 25.6% of the city’s population, Hispanics 23.7% and whites are 43.4% of NYC population. However, according to the report, 50.6% of all persons stopped were black, 33% were Hispanic, and only 12.9% were white. As you can see, more than half of the individuals who were stopped were black, 62.7% to be exact (ACLU, 2013). In Orange County, California Latinos, Asians and African Americans were more than 90% of the 20,221 men and women in the Gang Reporting Evaluation and Tracking System (ACLU, 2013). Clearly this database record shows racial profiling occurred when the total population in the database made up less than half of Orange County’s population. This is when the California Advisory Committee of the U.S. Commission on Civil Rights and the ACLU stepped in. One other instance of racial profiling I’d like to discuss occurred in Maricopa County, Arizona. A court ruled in May 2013 that “sheriff Joe Arpaio’s routine handling of people of Latino descent amounted to racial and ethnic profiling”; according to CNN, the sheriff’s office had a history of targeting vehicles with those having darker skin, examining them more strictly and taking them into custody more often than others (CNN, 2014). Judge Murray Snow ordered a monitor to oversee retraining in this
Law enforcement officials often confront situations where it’s an almost certainty that illegal activities are taking place despite not having sufficient resources to investigate every possible perpetrator. Research on race and vehicle stops by police show that African American drivers are disproportionately stopped in traffic by police for driving violations (Kowalski & Lundman, 2007). The reason is because law enforcement officials use characterizations or
Your Affiant spoke with the female and obtained her name and date of birth, identifying her as Jessica Kufrovich DOB: 06/30/1982. Your Affiant ran Kufrovich, who came back with a DUI suspended drivers license. When your Affiant ran the PA registration to the Pontiac it came back through PennDOT's records as requested to be suspended. Your Affiant contacted the insurance carrier of the Pontiac Kufrovich was operating, the insurance carrier indicated the Pontiac no longer has valid insurance, which was cancelled on
Racial profiling and traffic stops are always a hot debate in our country. Recently, race issues with the police have gotten even hotter with the situations in Ferguson and New York. No matter where a person stands on the issue, the numbers that suggest racial profiling and traffic stops are difficult to justify. Racial profiling is described as the use of race as a key factor in police decisions to stop and interrogate citizens (Weitzer & Tuch, p. 435, 2006). A study was done in Baltimore, Maryland where 533 drivers were stopped on I-95, and more than half of the people stopped were minorities. Likewise, 63% of people that were asked to step out of their
Being stopped by police for no apparent reason is unfortunately a common complaint among people of color The phenomenon is known as "driving while black (or brown)," and it is so widespread that the complaints are now basically routine news.
Racial profiling is an example of police brutality, which is defined by Gross and Livingston (2002) as “the practice of some officers of stopping motorists of certain racial or ethnic groups because the officer believe that these groups are more likely than others to commit certain types of crimes” (p.1413). Therefore, individuals are treated unfairly by law enforcement solely based on their race. This type of mistreatment is unmerited and ultimately a violation of an individual’s rights. However, in many instances the courts do not find it a violation of their civil rights based on the fact that racial profiling is difficult to prove. Often, prosecutors are disinclined in bringing forth a case against officers on this particular matter. Officers are permitted to stop and search individuals and their vehicles whenever there is reasonable suspicion, however, there has been studies that prove that some law enforcement officers restrict these rights primarily to minority groups. Bowling and Phillips found that although there was no formal monitoring of use of these powers, it was concluded that it was particularly heavy use of these powers against ethnic minorities, largely of young black people (as cited in Sharp & Atherton, 2007, p. 747) . In several cases, officers argue that they reasonably pulled an individual over for other probable grounds such as: traffic violations, suspicious behavior, etc., with race never being an
Many people would probably say that if they saw an injured person, they would stop to help them. When put in the situation, however, would they actually stop? The United States of America does not require that pedestrians, who are not involved, help the ones who are. This is no excuse not to help, though. Even helping in just a small way could save a life.