RACIAL PROFILING.   Term Paper ID:28594 Click to get this paper

Essay Subject: Discusses pretextual traffic stops by police. Racial & illegal drug issues. Proposed bills to remedy situation.... More...

7 Pages / 1575 Words 6 sources, 10 Citations, APA Format $28.00 Return to List of Papers

Paper Abstract: Discusses pretextual traffic stops by police. Racial & illegal drug issues. Proposed bills to remedy situation. Paper Introduction: Background of Argument At issue in this argument is the question of pretextual traffic stops, often used by law enforcement as a method to initiate a stop and search of automobiles suspected to involve criminal activity (Meeks 7). For purposes of clarity, this paper will define a pretextual traffic stop as an act involving a police officer stopping a driver for a traffic violation, minor or otherwise, to allow the officer to then investigate a separate and unrelated, suspected criminal offense. Becton (1987) argued that pretextual traffic stops allow police officers wide discretion in whom they choose to stop, and for what reasons they use to justify the traffic stop. “By law, police officers must observe a legitimate traffic violation in order to stop an automobile. Police officers, however, have come under fire from individuals who charge Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. Several federal statutes and requirements, as well as numerous statelaws bear on the issues at hand. This is why a national movement has been launched by politicians ofcolor and civil rights leaders to mandate that law enforcement agencieskeep statistics of whom they are stopping, questioning, detaining, andsearching" (Meeks 15). denied 118 S. (E) Whether a search was instituted as a result of the stop and whether consent was requested for the search. Law enforcement agencies are required to determine that its policiesand procedures do not have the effect of discriminating against peoplebecause of their race, color or national origin. (A) The traffic infraction alleged to have been committed that led to the stop. City of New York, 1 2 F.3d 664, 666 (2nd Cir. (J) The duration of the stop. It would be impossible to issue citations for everycitizen, nor would citizens want tickets issued for every possible trafficoffense. This seems tobe in direct disagreement with Title VI of the Civil Rights Act of 1964,which, it will be recalled, prohibits discrimination on the basis of race,color or national origin by recipients of federal financial assistance,training or technical assistance - this includes cities and policedepartments. Background of Argument At issue in this argument is the question of pretextual traffic stops,often used by law enforcement as a method to initiate a stop and search ofautomobiles suspected to involve criminal activity (Meeks 7). 57(1997).Regini, Lisa A. Evidence of this charge was largely anecdotal, with police officersaround the nation denying that they use the passengers' race as adetermining factor in stopping an automobile, countering the charges withclaims that they had legitimate reasons for stopping the automobile. R. The IACP believes that collection of this data will serve to discourage law enforcement officers from making legitimate traffic stops for fear of action being taken against them or their department. The suggestion by the IACP that the officers might fear redresssuggests that citing " traffic violation as a pretext to eventually searchan automobile that an officer suspects is involved in illegal activity,such as transporting drugs, allows the officer to make numerous trafficstops to catch a few criminals who may have otherwise gone undetected.While the government may have a compelling interest in fighting the war ondrugs, by ignoring certain citizens' claims of constitutional violations bypolice officers, the government virtually conveys to these citizens thattheir rights will be compromised whenever this country needs quicksolutions to its problems. He told the officers that he was a retired police officer and that hislicense and registration were in a pouch along with a registered handgun.When Maxwell reached for and opened the pouch, the officer, observing thehandgun, drew his own service weapon and ordered Maxwell out of thevehicle. For purposesof clarity, this paper will define a pretextual traffic stop as an actinvolving a police officer stopping a driver for a traffic violation, minoror otherwise, to allow the officer to then investigate a separate andunrelated, suspected criminal offense. (CRS 3793) While that bill languished in committee, the House introduced HR 1443,the "Proposed Traffic Stops Statistics Study Act of 2 " (Thomas Online).This bill calls for much more specific data collection, including but notlimited to the following. [The bill shall]Require the Attorney General to: (1) perform an initial analysis of existing data, including complaints alleging and other information concerning traffic stops motivated by race and other bias; (2) gather specified data on traffic stops from a nationwide sample of jurisdictions; and (3) report the results to Congress and make such report available to the public. (B) Identifying characteristics of the driver stopped, including the race, gender, ethnicity, and approximate age of the driver. 1996), cert. As Meeks points out in hisdiscussion of CARD (class, age, race, dress), "You [the reader] must learnabout how to handle potentially life-threatening situations with thepolice, as well as [learn about]recourse for readers who suspect theircivil rights have been denied due to racial profiling." (Meeks 32). 821 - Traffic Stop Statistics Study Act of 1999, Congressional Record, S3793-3794, April 15, 1999 This statement, published on the association's website starts off agreeing with the nature and substance of the law, whileindirectly acknowledging that the problem of pretextual traffic strops doesexist, and should not exist. (G) Any items seized, including contraband or money. While allowing police officers discretion in whom they stop andticket may be common and legal, this power may also be abused, especiallywhen the police officer allows race to help determine whom he will or willnot stop for a traffic violation. 1443 Traffic Stops Statistics Study Act of 2 , Congressional search website: http://thomas.loc.gov/Meeks, Kenneth, Driving While Black : What To Do If You Are A Victim of Racial Profiling,New York: PR (May 15, 2 )Maxwell v. However, the IACP opposes legislation that calls on law enforcement agencies to collect and report on the race or ethnicity of drivers who are pulled over for traffic violations. No law enforcement executive should use or condone racial or socio- economic guidelines as grounds for pulling a motorist over. (C) Whether immigration status was questioned, immigration documents were requested, or an inquiry was made to the Immigration and Naturalization Service with regard to any person in the vehicle. To stop and search an individual simply because of his race, gender or economic level is unlawful as well as unconstitutional, and should not be tolerated in any police organization. (D) The number of individuals in the stopped vehicle. (F) Any alleged criminal behavior by the driver that justified the search. (H) Whether any warning or citation was issued as a result of the stop. These non-discrimination prohibitions apply to employment practices and servicesdelivered to citizens, but the very act of demanding this data to preventpretextual traffic stops is, in and of itself, a violation of the very sameanti-discrimination safeguards the bills hope to protect. Such a conclusion is further justified by thestatement made in support of HR 1443 by the International Association ofthe Chiefs of Police. Lautenberg,and entitled Traffic Stop Statistics Study Act of 1999. (I) Whether an arrest was made as a result of either the stop or the search and the justification for the arrest. Combating Gangs: The Need for Innovation, FBI Law Enforcement Bulletin,February 1998, 25-32.S. Whether the caseswill hold up, however, is a different story. Works CitedBecton, Charles L. Even with the proposed laws, and the efforts of police departmentsaround the nation to eliminate the practice, it is blatantly apparent thatprofiling and pretextual traffic stops will continue. In acurious twist (worthy of Congress), the IACP concludes on a different tone. The Drug Courier Profile: "All Seems Infected That Th' Infected Spy, as All Looks Yellow to the Jaudic'd Eye," 65 North Carolina Law Review, 417, 427 (1987).H. The Omnibus Crime ControlAct adds gender and religion to the list of protected classes. Police officers, however, have come under firefrom individuals who charge that police officers stop their automobilesbased on race rather than any supposed traffic violation." (Becton 844). The purpose of thebill was to conduct a nationwide study for traffic violations by law enforcement officers. It is intellectually honest to surmise, based on the thoroughness ofthe demanded data, that there have been serious situations across thecountry where the very act of stopping people who have the characteristicprofile of a drug dealer has been committed in violation of 4th Amendmentprotections (Regini 1998). Although he complied with the officer's orders, Maxwell was thrownto the ground, beaten, and subjected to racial epithets before beingarrested and charged with assault, resisting arrest, disorderly conduct,and harassment (Maxwell V.) If such an act can happen to a retired police officer, the odds arethat it can happen to anyone who happens to meet prejudicial guidelines.Maxwell is one of the many cases detailed in Meeks book, and he is thefirst to admit "From a legal point of view racial profiling is tricky toprove...Seldom do investigators recover a smoking gun with fingerprints onit. This is basically because state and local police already have suchgreat control over automobiles and traffic flow, leading to widediscretion as to who is stopped for a traffic violation. The statement begins thus: The IACP believes that professional traffic enforcement is a vitally important tool that saves lives and helps reduce crime. Not only arepolice officers able to make traffic stops based on countless offenses,they also hold the decision-making power as to whom they will ticket fortraffic offenses. Reacting to this situation, the United States Senate, on April 15,1999, accepted Senate Bill 821, introduced by Senator Frank R. One of theclassic cases of this issue is that of Maxwell versus the City of New York.Maxwell, a retired New York City policeman was stopped when he tried tovisit his daughter in a high crime area. In addition, the IACP believes that traffic enforcement should be performed in an unbiased and professional fashion. The bills cited above, for instance,reflect a new attitude of government as data collector, and the fact thatpolice departments will be required to collect and report data related totraffic stops, including the race and age of the driver, the trafficinfraction alleged to warrant the stop and any citation issued, therationale for and results of a search if any is conducted. (Thomas Online). Becton (1987) argued thatpretextual traffic stops allow police officers wide discretion in whom theychoose to stop, and for what reasons they use to justify the traffic stop."By law, police officers must observe a legitimate traffic violation inorder to stop an automobile. Until the publication of Meeks' study, the issue was largely in thedomain of ad hoc charges, that, for the most part, were upheld by courts,with the general finding being that pretextual traffic stops are aneffective tool to find and confiscate illegal drugs. That is a clear statement of the problem at hand, and is a tacitadmission that the problem has existed, and continues to exist. Ct. If this paper is not what you are looking for, you can search again: Search for: or Click here to request an essay written just for you.