Racial Profiling

Prima Facie

at first sight (face value)

Traffic stops and Pedestrian stops require what documentation

1. physical description (gender, race, or ethnicity)
2. alleged violation
3. consent to search (was there a search conducted?)
4. contraband (was there any contraband found?)
5. facts supporting probable cause
6. arrest (was an arrest made?)
7. warning or citation issued (which was issued?)

8. offense charged

9. location of the stop

10. whether the officer issued a warning or a

    citation as a result of the stop, including a

    description of the warning or a statement of

    the violation charged

Whren v. United States (1996)

- motor vehicle search exemption

- traffic violation acceptable as pretext for further investigation

- ex: you can use a traffic stop violation to find drugs

Carroll v. United States

1925

- the motor vehicle search exception to the warrant requirement

- permits police to search a vehicle without a warrant when they have PC to believe it contained contraband or evidence of a crime

- the mobility of a motor vehicle was factor in this decision

Terry v. Ohio

1968

- stop and frisk doctrine

- stopping and briefly detaining people

- frisk and pat down

- you can pat down the outer most clothing to check for weapons during a limited search for weapons (for officer safety reasons)

- police officer may stop and briefly detain a person only if the officer has a reasonable suspicion, supported by articulable facts, that the individual may be involved in criminal activity, supported by articulable facts that there may be criminal activity

Pennsylvania v. Mimms

1977

- allows an officer to order the DRIVER out of the vehicle following a lawful traffic stop

Maryland v. Wilson

(1997)

- permits officers to order PASSENGERS out of a vehicle following a traffic stop pending the completion of the stop

Graham v. State

1998

- passenger is "seized" based on the 4th Amendment when he is ordered to remain in a car stopped for speeding while officer checks the driver's license and registration.

- continued detention of passenger after purpose of stop is accomplished is unreasonable, unless there is reasonable, articulable suspicion to justify continuing the detention

Pryor v. State

1998

- 4th amendment permits the warrantless search of an automobile when there is probable cause to believe that the automobile contains contraband or evidence of criminal activity... Note: there is no separate "exigency requirement" for the automobile exception to apply; probable cause alone satisfies the automobile exception to the 4th Amendment's warrant requirement

Ferris v. State

1999

- once the purpose of the initial stop has been fulfilled, continued detention of the car and occupants amounts to a "second stop" which must be either consensual by the driver or justified by reasonable, articulable suspicion to be valid under the Fourth Amendment.

New York v. Belton

1981

- allowed that police may conduct a full search of a vehicle passenger compartment incidental to a custodial arrest (search incident to arrest)

- a full search would not be acceptable merely based on just issuing a citation

What is racial profiling

a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity

What is a pedestrian stop?

means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest

Reasonable suspicion

____ Law enforcement agency ____ adopt a detailed written policy on racial profiling

Each; Shall

Pedestrian stop

Interaction between officer and individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest

An agency SHALL compile/analyze the info contained in each TCOLE racial profiling report by:

March 1st of each year

Who is required to be trained in racial profiling

Police Chiefs

All holders of intermediate certificates and/or two-year-old licenses

Probable cause

reasonable suspicion

Custodial arrest

means being under arrest by a peace officer, under restraint by a public servant per court order, or held in a state/federal facility; an arrest itself occurs when a person's liberty is restrained, even without physical taking, requiring submission to the officer's control

Arrest

“actually placed under restraint or taken into custody" by an officer or authorized person executing a warrant or arresting without one, essentially meaning a person is deprived of their freedom of movement under legal authority

Detention

taking away freedom temporarily based on reasonable suspicion

Anecdotal evidence

information based on personal stories, individual experiences, or isolated examples

Emperical evidence

systematic research, data, specific numbers

ACLU

American Civil Liberties Union

Negative effects of racial profiling

 We harass innocent citizens

 We overlook criminals of all races and

backgrounds

 We waste Law Enforcement resources