"Operation Pressure Point" in New York was an attempt to rid the predominantly Hispanic Lower East Side of the drug trade. As the officer gave the license back, he asked Penn if he knew which town he was in. Although the police eventually gave him permission to leave, they offered no explanation or apology, nor was any citation issued. Of these, 600, or 72.9 percent, were black. (Source: The Daily Record), In 1998, Nelson Walker, a young Liberian man attending college in North Carolina, was driving along I-95 in Maryland when he was pulled over by state police who said he wasn't wearing a seatbelt. In Ohio v. Robinette, the Court rejected the argument that officers seeking consent to search a car must tell the driver he is free to refuse permission and leave. CNN RSS (Really Simple Syndication) is an XML-based format for sharing and distributing Web content, such as news headlines. (Source: Providence Journal-Bulletin). Six hundred and sixty-one, or 80.3 percent, were black, Hispanic, or other racial minorities. says that to survive traffic stops, he "learned the rules of the game years before... Don't move. During the course of the search, their daughter's wedding dress was tossed onto one of the police cars and, as trucks passed on I-95, it was blown to the ground. It should surprise no one that those who are the victims of police discrimination regard the testimony and statements of police with suspicion. B.L. In the mid- to late-1980s, many cities initiated major law enforcement programs to deal with street-level drug dealing. to punish her for the content of her out-of-school speech. Passage of the Act should be viewed as a first step toward addressing a difficult problem. The phrase "driving while black," used with bitter familiarity for years in magazines and newspapers targeted for African Americans, can now be found in the pages of Esquire, Newsweek and TIME. DRUG TRAFFICKERS ARE NOT "MOSTLY MINORITIES". (Source: The Albany Times Union). In July 1998, the ACLU issued its Fourth Monitoring Report: Pedestrian and Car Stop Audit. A laboratory technician at North Bronx Hospital in New York, Gardner was driving with his cousin to visit family in South Carolina when he was pulled over for speeding. It's time for our national leaders to realize that this is not about a few "bad apples." For instance, a lawsuit filed in Oklahoma earlier this month on behalf of SFC Gerald and his son may take years to resolve. A few days later, he stopped by his fire station to pick up his gear when he overheard an Omaha police officer asking other firefighters questions about his truck, which had a personalized license plate that read BSICBLK. Although the homes were closed, Estes told the Human Relations Board that he spoke to a resident of the subdivision for about 30 minutes while sitting in his Chevrolet Blazer. It really gives you a sense of outrage, but it can be stopped. This became the first law anywhere in the nation to require the kind of effort that will yield a full, detailed statistical portrait of the use of traffic stops. David Smith, an African American police officer, was pulled over while driving an unmarked car in the City of Carmel in 1997. In mid-May, the national ACLU set up a nationwide DWB hotline – 1-877-6-PROFILE. Mrs. Carter was not allowed to use the restroom during the search because police officers feared that she would flee. Prepared by the Department of Public Education, Loren Siegel, Director; Rozella Floranz Kennedy, Editorial and Marketing Manager; Sara Glover, Graphic Designer. "I'm no criminal," Worthy told the Detroit News. Halfway through the episode – perhaps realizing the extent of their lawlessness – the troopers shut off the patrol car's video evidence camera. The pervasiveness of racial profiling by the police in the enforcement of our nation's drug laws is the consequence of the escalating the so-called war on drugs. Said Campbell, "The majority of people they are searching and humiliating are black people. Although the U.S. Supreme Court failed to declare searches subsequent to a pretextual stop unconstitutional, that does not mean that such a tactic is wise or effective from a law enforcement perspective. that Operation Pipeline, and every other federally funded crime fighting program, is not encouraging or perpetuating racially biased law enforcement. Among the recommendations, the Omaha World-Herald reported, were that the Mayor's Office and City Council address complaints that police target minorities for traffic stops and subject them to other forms of harassment. In April 1999, Congressman Conyers reintroduced the Traffic Stops Statistics Study Act (HR 1443), sponsored in the Senate (S.821) by Frank Lautenberg (D-NJ) and Russell Feingold (D-WI). THIRD: Pass Legislation on Traffic Stops in Every State. This demonstrates that searches are based on race, not results. "There was no reason at all for him to have done that anyway. Indeed, during hearings of the National Advisory Commission on Civil Disorders ("The Kerner Commission") in the fall of 1967 where more than 130 witnesses testified about the events leading up to the urban riots that had taken place in 150 cities the previous summer, one of the complaints that came up repeatedly was "the stopping of Negroes on foot or in cars without obvious basis. On September 25, 2017, the ACLU-PA filed suit on behalf of B.L., a high school sophomore who has been cheerleading since she was in fifth grade and was expelled from the team as punishment for out-of-school speech. The perspective of Mr. Darden – who spent 14 years working closely with police to prosecute accused criminals – is not unique. "The combined impact of increased drug arrests along with harsher sentencing policies has led to a vast expansion of drug offenders in the nation's prisons and jails," the report explains. Each pretextual traffic stop involves an untruth, and both the officer and the driver recognize this. "I think they stopped me because I'm black." "Do you know how belittling that was?" Washington, D.C. 20002 (202) 544-1681 . A court decree was entered in settlement of the lawsuit which included a requirement that the state maintain computer records of motorist searches so as to permit monitoring for any patterns of discrimination. All the evidence to date suggests that using traffic laws for non-traffic purposes has been a disaster for people of color and has deeply eroded public confidence in law enforcement. One prominent victim of the Trumbull profiling was Alvin Penn, an African American Bridgeport Democrat who is deputy president in the state Senate. Ira Glasser The police districts chosen for analysis encompassed communities that are relatively integrated. WHREN v. U.S.: THE SUPREME COURT UPHOLDS PRETEXTUAL TRAFFIC STOPS. The characteristics of the Markonni profile were behavioral. In Maine, the Portland Press Herald last year reported that the city's minority residents feel the pressure of police bias. The police officer, who was off-duty at the time of the incident, was fired by the Aiken Public Safety Department after the incident. Only 19.7 percent of those searched in this corridor were white. This problem is particularly severe in the case of discretionary offenses such as failure to signal. Under threat of ACLU litigation, the city entered into negotiations which, for the first time in the country, required a detailed racial analysis of police data. At the time, U.S. attorney Lincoln Almond (now Governor of Rhode Island) claimed that Hispanics were dominating the cocaine and heroin trades in the United States and were defendants in more than 90 percent of drug cases. Born in West Tuscumbia, Alabama, she lost her sight and hearing after a bout of illness at the age of nineteen months. In 2009, after finishing her medical internship at a state hospital, Sara worked as the lead social service physician in rural areas of … Jerry Sanders, San Diego's Chief of Police, announced in February of this year that his department would begin to collect race data on traffic stops without any federal or state requirement or any threat of litigation. ", In Texas, a 1995 analysis of more than 16 million driving records by the Houston Chronicle found that minority drivers who strayed into the small white enclaves in and around the state's major urban areas were twice as likely as whites to be ticketed for traffic violations. Jonny Gammage died, handcuffed, ankles bound, facedown on the pavement shortly after the incident began. Most of the I-95 searches – 646, or 85.4 percent – were conducted by 13 troopers. The entire process had taken about a half-hour, and Riggs was so badly shaken that he couldn't sleep that night. The post for which B.L. For the week of March 7, 1997, of the 516 incident reports which were generated pursuant to police car stops, 262 contain racial and/or ethnic data about the individual(s). was punished was a photo of her and a friend at a convenience store holding up their middle fingers with the text “fuck school fuck softball fuck cheer fuck everything” superimposed on the photo. They were instructed to count the cars they passed (i.e., non-speeders) and classify them as non-violators, unless they were violating some other traffic law. Both anecdotal and quantitative data show that nationwide, the police exercise this discretionary power primarily against African Americans and Latinos. 122 Maryland Avenue, N.E. Widespread DWB practices deeply undermine the legitimacy – and, therefore, the effectiveness – of the criminal justice system. Pretextual traffic stops fuel the belief that the police are not only unfair and biased, but untruthful as well. "I asked why I was being stopped and why I needed to be aware of which town I was in. Paul Worthy, a 59-year-old retiree, said he was stopped – and released without a ticket – by white officers in Detroit while driving a Cadillac. The data, however, reflect stops of minority drivers at a highly significant disparate rate. A Bethlehem police car pulled up behind him with its lights flashing, and the officer asked if he needed any help. Finding nothing in the car, they proceeded to dismantle the car and removed part of a door panel, a seat panel and part of the sunroof. SFC Gerald was only an infant in 1963 when a stunned nation watched on television as Birmingham Police Commissioner "Bull" Connor used powerful fire hoses and vicious police attack dogs against nonviolent black civil rights protesters. ", The agreement called for the case's dismissal and required that police not stop, seize or search a person "unless there is some objective reasonable suspicion that the person has done something wrong." The credibility of that admission was seriously undermined, however, when Whitman told The New York Times that evidence of racial profiling is "not something [the state] had any reason to anticipate.". Your emotions are going to come second – or last.". What is your job? "I thought he was just going to look in my glove compartment and trunk," Gardner said. Along with the complaint, the ACLU-PA also filed a motion for temporary restraining order and preliminary injunction asking the court to order the District to immediately and temporarily restore B.L. ", In South Carolina, La-Prell and Tammie Drumming were driving down a street in January 1999, when they noticed a vehicle closing in on their bumper. Bridgeport, the state's largest city where blacks and Hispanics comprise 85 percent of the population, borders Trumbull – which is 98 percent white. One cruiser drew up along side Miller's car and asked, "Are you lost?" That's why I was so angry. SECOND: Pass the Traffic Stops Statistics Study Act, At the beginning of the 105th Congress, Rep. John Conyers (D-MI) introduced H.R. (Source: The Portland Press Herald), In Maryland, in 1997, Charles and Etta Carter, an elderly African American couple from Pennsylvania, were stopped by Maryland State Police on their 40th wedding anniversary. to the team while the litigation proceeds. At the same time that racial profiling by law enforcement was expanding, the Supreme Court's sensitivity to Fourth Amendment rights was contracting. Prepared by the Department of Public Education, Loren Siegel, Director; Rozella Floranz Kennedy, Editorial and Marketing Manager; Sara Glover, Graphic Designer. (Source: Raleigh News-Observer), In Pennsylvania, Jonny Gammage was pulled over while driving his cousin's Jaguar at 2 A.M. in 1996. (Source: The Detroit News), In Nebraska, the Omaha Human Relations Board released a series of recommendations last year for improving relations between police and minority communities. Then, instead of walking back to their car in the normal way, the officers slowly backed away from Riggs, watching him, hands on their guns. (Source: Capital Times (Madison, WI)). In some instances, the law enforcement agency sued has denied the ACLU's allegations and has vigorously defended the lawsuit. Overall results of the traffic survey and the count of violators are shown in Table 1. In North Carolina, a bill requiring data collection on all traffic stops was passed by overwhelming majorities in both houses of the state legislature and signed into law by the governor on April 21, 1999. (Source: The Raleigh News-Observer), Gary D. Rodwell repeatedly refused to consent to a search of his vehicle when he was stopped for three hours on I-95 in 1998. Beaches (1988) cast and crew credits, including actors, actresses, directors, writers and more. This perception creates the profile that results in more stops of minority drivers. Shortly thereafter, Estes bought a new personalized license plate. In short, skin color has become evidence of the propensity to commit crime, and police use this "evidence" against minority drivers on the road all the time. (Source: People Magazine). (Source: Emerge Magazine), In New York, Collie Brown was driving from Albany to Bethlehem with his young daughter asleep in the car in 1997 when he noticed that his headlights were dimming. President Ronald Reagan established the Task Force on Crime in South Florida under Vice President George Bush's direction. Therefore, more minorities are arrested, prosecuted, convicted, and jailed, thus reinforcing the perception that drug trafficking is primarily a minority activity. The primary mission of the Task Force was to intensify air and sea operations against drug smuggling in the South Florida area, but it was not long before the Florida Highway Patrol entered the fray. "There was no probable cause," said Smith, who wasn't ticketed. The officer asked him to sit in the patrol car and peppered him with questions: Where are you going? Rossano and Gregory Gerald were victims of discriminatory racial profiling by police. It is a war that has, among other depredations, spawned racist profiles of supposed drug couriers. However, Lee was driving a Jeep Cherokee, a sport utility vehicle, and the reportedly stolen vehicle was a Honda sedan. The ACLU said giving educators the power to police off-campus speech would extend censorship everywhere young people go and prompt schools to … In practice, the Whren decision has given the police virtually unlimited authority to stop and search any vehicle they want. The ACLU said giving educators the power to police off-campus speech would extend censorship everywhere young people go and prompt schools to … "Not that the government has broad authority to punish you for anything you say, no matter where you are." Troopers assigned to Valkyrie teams stop Hispanic motorists for traffic violations two or three times more frequently than other ISP troopers patrolling the same highways and charged with enforcing the same laws. The ACLU of Pennsylvania believed that the problem in Philadelphia was considerably larger than the actions of six police officers, and that racial bias in law enforcement was rampant. When Riggs handed over the documents, he was told to wait in the car. "I didn't feel I had a choice. Read business reports and watch industry-specific videos online. Notwithstanding this and other possible factors, the ACLU assumed that driving patterns were consistent with population (by race). On a hot summer afternoon in August 1998, 37-year-old U.S. Army Sergeant First Class Rossano V. Gerald and his young son Gregory drove across the Oklahoma border into a nightmare. Only two percent of them were carrying drugs. On September 26, 2017, the Court issued a temporary restraining order restoring B.L. ", "When I see cops today, I don't feel like I'm protected. The Attorney General would then conduct a study analyzing the data. Yet despite overwhelming evidence – including the police department's own statistics on traffic stops – officials in law enforcement continue to deny the reality of racial profiling on our nation's highways. The profile, described by one court as "an informally compiled abstract of characteristics thought typical of persons carrying illicit drugs," had been used in the war on drugs for some time. A cheerleader's Snapchat post and the punishment that followed are testing the boundaries of school discipline and right to free speech in a major Supreme Court case. was kicked off the junior varsity cheerleading squad for posting a Snap to Snapchat on the weekend that school officials believed was “negative,” “disrespectful,” and “demeaning.” Snapchat is a popular social media smartphone app that allows users to post images that are accessible on the platform only for short periods of time—ranging from one second to 24 hours—and are self-deleting. Restrict future federal funding for Operation Pipeline and other highway drug interdiction programs to agencies that agree to implement a series of preventive measures, such as an early warning system that tracks officer behavior and identifies officers who engage in discriminatory practices, a ban on extending the length of a non-consensual traffic stop in order to have drug-sniffing dogs brought to the scene, and the use of written "consent to search" forms that inform drivers of their right to refuse consent to a search. The court had lambasted the "utter failure by the State Police hierarchy to monitor and control... or investigate the many claims of institutional discrimination." ", Significant blame for this rampant abuse of power also can be laid at the feet of the government's "war on drugs," a fundamentally misguided crusade enthusiastically embraced by lawmakers and administrations of both parties at every level of government. Using minor traffic violations to find drugs on the highways is like asking officers to find needles in a haystack. "I know what it was like to be with a carload of kids in San Francisco," he said, "and get yanked over by police officers because we all had black hair. SFC Gerald, whose story is chronicled in the opening pages of this report, said he is bringing the lawsuit to assure his son that authority figures who abuse their power are brought to justice. The officer eventually retrieved Brown's wallet from the car and discovered that the car did belong to him, and Brown was released. With slightly twice as much data to work with for the week of October 6, 1997 (as a result of requesting incident reports from an additional district), of the 1,083 car stops, race was recorded for 524 instances. The officer informed Brown that the car had been reported as stolen, which was true. The officer knocked the phone out of Gammage's hand and a scuffle followed. He was unarmed. Tail lights must be visible from a particular distance. "We all were wearing seat belts and I wasn't speeding, so, really, why were we stopped? The two officers involved in the Turnpike shooting was subsequently indicted for falsely listing black motorists as white in their reports. In the memo, Chief Theodore Ambrosini advised officers of a series of armed robberies in town and urged them to take the offensive. But, he said, the officer opened the alarm system and compact disc player. "I worked at GM as a skilled tradesman for $25 an hour. Gardner told the newspaper that he left the scene with a $25 seat-belt ticket, an annoying vibration in his Lexus and the belief that he had been treated unfairly. The men filed suit against the officers and the court found that neither man fit the descriptions of the robbers and that the robberies had not even occurred in the City of Santa Monica. Between January 1995 and September 1996, the Maryland State Police reported searching 823 motorists on I-95, north of Baltimore. They looked like they'd have pulled their guns if I'd so much as sneezed." The officers detained him and his two passengers for two hours as they searched for illegal drugs, weapons, or other contraband. Another chief, Ron Louie, told the Portland Oregonian that in his 25 years as a police officer, he's seen the hurt and resentment in the faces of minority motorists who feel they've been stopped because of their race. Legislation at the federal and state levels and local voluntary efforts can advance the momentum to collect accurate data on the problem and rein in overzealous – and sometimes illegal – law enforcement practices. Analysis of the data reveals that the state troopers single out Hispanic and African Americans motorists for searches of their vehicles: In the early 1990's, the U.S. Justice Department began an investigation into the systematic abuse perpetrated by a number of white police officers in the 39th Police District of Philadelphia based on evidence that these officers were planting drugs on African Americans, assaulting them during arrest, and wrongfully obtaining their prosecution and conviction. He is currently working with Members of Congress and state legislators throughout the country on solutions to the problem of "driving while black.". People said I should speak out, but this is a general thing for many people." The question before the Court was, is a search constitutional if it would never have taken place if the police were not looking for an excuse to get around the requirements of the Fourth Amendment? Finally, the newspaper said, the patrolman left, leaving Stovall to wonder. Vehicle equipment is also highly regulated. In most cases, the newspaper reported, the drivers were charged with minor traffic violations and no drugs were found. "When I got out, an officer asked me for my driving license and asked me who is the person I know in Portland," Mutima said. This vicious cycle carries with it profound personal and societal costs. American Civil Liberties Union 125 Broad Street New York, NY 10004 (212) 549-2500 . Stovall was followed for several blocks while the officer spoke into his radio. Bellaire, a mostly white city surrounded by southwest Houston, had the widest disparity in ticketing minorities of any city statewide, with blacks 43 times more likely than whites to receive citations there. to the cheerleading squad. Hispanic and African American inmates are more likely than non-Hispanic whites to be incarcerated for a drug offense.". Keep your hands on the steering wheel, and do not run, because they will shoot you in your back. The Court did not heed our warning, however, and instead declared that any traffic offense committed by a driver was a legitimate legal basis for a stop, regardless of the officer's subjective state of mind. A bill to explore whether minorities are targeted by police failed last year in the state legislature, but has been reintroduced. At no point was Brown ever asked for his registration or driver's license prior to being handcuffed. Federal Appeals Court Upholds and Expands Students’ Free Speech in Schuylkill County Case- 6/30/20, U.S. Supreme Court Will Hear ACLU-PA Student Free Speech Case - 1/9/21, ACLU Urges U.S. Supreme Court to Protect Students’ First Amendment Rights When They’re Out of School - 4/28/21, ACLU Urges Supreme Court to Protect Students’ Speech, Molly Tack-Hooper, Sara J. Temporary restraining order restoring B.L profile stops and searches traffic violations and no drugs were found for... 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