Racial Profiling

Prima Facie

at first sight (face value)

Traffic stop and Pedestrian Stops requires 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?)

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 OUTTER most clothing to check 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

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 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