SO PULLING US OVER USING THIS ONE.. "NO PROBLEM "
13.
United States v. Harvey, 16 F.3d 109, 115 (6th Cir. 1994) (Keith, J., dissenting)
("African-Americans are more likely to be arrested because drug courier profiles reflect the erroneous assumption that one's race has a direct correlation to drug activity.")
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TRY THIS ONE
U.S. 156 (1972) (
reviewing the enforcement of a vague vagrancy ordinance against two black men accompanied by two white females);
Florida v. J.L., 529 U.S. 266 (2000) (
reviewing the adequacy of a stop and frisk based on an anonymous informant's description of a "young black male" wearing a plaid shirt and carrying a gun).
The "professional judgment" of Detective McFadden provided the basis for his stop and search of the defendant in
Terry v. Ohio, 392 U.S. 1, 28 (1968). What has been lost in the Terry discourse in the ensuing years is the explicit racial component of the events. Terry was African American, McFadden was white.
McFadden's "professional judgment" concerning Terry was based on the racial incongruity of Terry being observed outside a storefront in a commercial district far from the areas of Cleveland where most African Americans lived. Anthony C. Thompson,
Stopping the Usual Suspects: Race and the Fourth Amendment, 74 N.Y.U. L. REV. 956, 966 (1999).
But see Terry, 392 U.S. at 5-7 (
detailing the suspicious activity the Terry defendants engaged in after Detective McFadden, a thirty-nine year veteran of the police department, first observed them and felt "they didn't look right to [him] at the time").
In Illinois v. Wardlow, 528 U.S. 119, 124 (2000), the
Court noted that although an individual's presence in a "high crime area" does not meet the standard for a particularized suspicion of criminal activity, a location's characteristics are relevant in determining whether an individual's behavior is sufficiently suspicious to warrant further investigation.
Since "high crime areas" often are areas with concentrations of minority citizens, this logic places minority neighborhoods at risk for elevating the suspiciousness of its residents. See e.g., DOUGLAS S. MASSEY & NANCY A. DENTON, AMERICAN APARTHEID: SEGREGATION AND THE MAKING OF THE UNDERCLASS (1993).
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THEY KNOW WE KNOW.. THIS ONE
YET THEY DON'T CHANGE, THEY DON'T CARE, OUR OWN BLACK OFFICIALS WON'T CALL OUT THESE LAWS.. DOING THAT ALONE STOPS THE PROCESS.. SITING A STATUE KILLS THE LITIGATION OR HOLDS IT AT BAY. LETS THE PERPETRATOR THAT TRY'S TO RAILROAD SOMEONE.. WE ARE EDUCATED ENOUGH TO APPLY THIS MEASURE !
24.
Citizens who are stopped and frisked based on a profiling or racial policing strategy understand that they have been singled out because of their race.
These encounters have been termed "race-making situations." David R. James, The Racial Ghetto as a Race-Making Situation: The Effects of Residential Segregation on Racial Inequalities and Racial Identity, 19 LAW & Soc. INOUIRY 407, 420-29 (1994).
The outrage of many minority citizens over the NYPD's policing
of aggressive stop and frisks reflects not only the emotional harm from being targeted because of one's race, but also
the fear that such situations can escalate into dangerously violent encounters. See generally David A. Harris,
The Stories, the Statistics, and the Law: Why
"Driving While Black" Matters, 84 MINN. L. REV. 265, 273 (1999).
The shared danger of profiling encounters reflects the concept of "linked fate" among residents of minority neighborhoods.
"Linked fate" refers to the empathy that people have with family and friends. It can also exist among strangers.
In the African American community, linked fate has its foundation in the fact that the life chances of African Americans historically have been shaped by race. MICHAEL C. DAWSON, BEHIND THE MULE: RACE AND CLASS IN AFRICAN-AMERICAN POLITICS 77 (1994).
Linked fate suggests that when race over-determines an individual's life chances, it is much more efficient for that individual to use the relative and absolute status of the group as a proxy for individual utility. The long history of race-based constraints on life chances among blacks generates a certain efficiency in evaluating policies that affect minority individuals. Id.
