If jurors don't believe truthful police testimony, crimes are left unpunished, law enforcement becomes much less effective, and the very people who need the police most are left less protected. By David A. Harris,University of Toledo College of Law, An American Civil Liberties UnionSpecial ReportJune 1999. The Attorney General would then conduct a study analyzing the data. The hotline number has been publicized on billboards and through a 60-second radio spot. He let air out of the tires and rapped on them. The ACLU believes that addressing the problem will require a multi-faceted effort. "He told me there were a lot of people in this area driving without valid licenses and he wanted to make sure mine was valid," Douglas said. At the same time that racial profiling by law enforcement was expanding, the Supreme Court's sensitivity to Fourth Amendment rights was contracting. Another African American, Judith Hyman, said she was stopped by a Portland police officer while driving on a city street with her son, who is black, and his girlfriend, who is white. (Source: Associated Press), Yawu Miller, a black reporter with the Bay State Banner, decided to find out how long two black men could drive at night in Brookline, a predominantly white community, before being pulled over by the police. Professor Harris has authored numerous scholarly articles on the subjects of racial profiling and search and seizure. Said Campbell, "The majority of people they are searching and humiliating are black people. 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. One example is warnings for improper lane use in ISP District 17, where Hispanics comprise less than three percent of the local driving-age population. In Rhode Island, the Providence Journal-Bulletin reported last year that as far back as 1990, the Rhode Island ACLU has been investigating complaints from Hispanics that they were being unfairly targeted on I-95. to the cheerleading squad. 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. It is both symptomatic and symbolic of larger problems at the intersection of race and the criminal justice system. says that to survive traffic stops, he "learned the rules of the game years before... Don't move. And so the cycle continues. (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. Operation Invincible in Memphis, Operation Clean Sweep in Chicago, Operation Hammer in Los Angeles, and the Red Dog Squad in Atlanta all targeted poor, minority, urban neighborhoods where drug dealing tended to be open and easy to detect. Carl Williams, New Jersey's Chief of Troopers, was dismissed in March 1999 by Governor Christine Todd Whitman soon after a news article appeared in which he defended profiling because, he said, "mostly minorities" trafficked in marijuana and cocaine. The emergence of crack in the spring of 1986 and a flood of lurid and often exaggerated press accounts of inner-city crack use ushered in a period of intense public concern about illegal drugs, and helped reinforce the impression that drug use was primarily a minority problem. While African Americans comprise less than 15 percent of the Illinois population and take approximately 10 percent of the personal vehicle trips in Illinois, they comprise 23 percent of the searches conducted by Valkyrie officers. Minorities were disproportionately represented in these figures. If the stop was really about enforcement of the traffic code, there would be no need for a search. Nadine Strossen President . According to a complaint filed with the ACLU, the trooper who stopped Smith appeared to be "shocked and surprised" when Sgt. The Avalon Foundation acting wing, featuring local high school age actors will put up the witty and zippily executed “Snow White, Rose Red (and Fred) on … "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. From the outset, the war on drugs has in fact been a war on people and their constitutional rights, with African Americans, Latinos and other minorities bearing the brunt of the damage. "And to have 11 guns drawn on you for traveling through the city – I could have been dead." The police justified this detention because the men allegedly resembled a description of two suspects being sought for 19 armed robberies and because one of the men seemed to be "nervous." African American parents know that traffic stops can lead to physical, even deadly, confrontations. Surely Whitman had not forgotten that, for the past five years, her legal department had fought a court ruling that a policy of racial profiling was in operation on the New Jersey Turnpike? In the vast majority of cases, 96.8 percent, it was possible to identify the race of the driver of the vehicle. (Source: Phoenix New Times), In California in 1997, San Diego Chargers football player Shawn Lee was pulled over, and he and his girlfriend were handcuffed and detained by police for half an hour on the side of Interstate 15. 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. (Source: The Washington Times), In Indiana, Sgt. 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. ", 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. Ron Estes, an African American firefighter, told of visiting a model home in a west Omaha subdivision. (Source: The Los Angeles Times). ", 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. "I absolutely feared for my life," said La-Prell, saying she suffered a concussion after being hit by the officer's baton three times. The techniques taught and widely encouraged by the DEA as part of Operation Pipeline have been instrumental in spreading the use of pretext stops, which are at the heart of the racial profiling debate. 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 happened almost immediately. He is currently working with Members of Congress and state legislators throughout the country on solutions to the problem of "driving while black.". Stovall was followed for several blocks while the officer spoke into his radio. While Hispanics comprise less than eight percent of the Illinois population, and take fewer than three percent of the personal vehicle trips in Illinois, they comprise approximately 30 percent of the motorists stopped by ISP drug interdiction officers for discretionary offenses such as failure to signal a lane change or driving one to four miles over the speed limit. The payment settled a class-action lawsuit filed by the ACLU on behalf of 402 people stopped between August 1988 and August 1990 on I-70 between Eagle and Glenwood Springs, none of whom were ticketed or arrested for drugs. Today, blacks constitute 13 percent of the country's drug users; 37 percent of those arrested on drug charges; 55 percent of those convicted; and 74 percent of all drug offenders sentenced to prison. The men contend that they were not speeding, but were stopped because of their race. "He told me he didn't have to give a reason for stopping me and said if I made an issue of it he would give me a ticket for speeding," Penn said. NATIONWIDE COVERAGE OF A NATIONWIDE PROBLEM. "I think they stopped me because I'm black." Widespread DWB practices deeply undermine the legitimacy – and, therefore, the effectiveness – of the criminal justice system. In 1985, the Florida Department of Highway Safety and Motor Vehicles issued guidelines for the police on "The Common Characteristics of Drug Couriers." Tire tread must be at a particular depth. But recent Supreme Court decisions allow the police to use traffic stops as a pretext in order to "fish" for evidence. B.L. This perception creates the profile that results in more stops of minority drivers. (Source: Capital Times (Madison, WI)). Because traffic stops can happen anywhere and anytime, millions of African Americans and Latinos alter their driving habits in ways that would never occur to most white Americans. 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. THIRD: Pass Legislation on Traffic Stops in Every State. categories of data on each traffic stop, including the race of the driver and whether a search was performed. 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. (Source: The Detroit News), In New Jersey in 1998, four young men – three African Americans and one Hispanic – en route to a basketball clinic in North Carolina were shot on the New Jersey Turnpike after their van was stopped for speeding and suspected drug trafficking. "There was no probable cause," said Smith, who wasn't ticketed. Ira Glasser In 1986, a racially biased drug courier profile was introduced to the highway patrol by the DEA. Observers rode in cars at a constant 55 or 65 miles per hour (depending upon the posted speed limit) northbound from exit 67 of I-95 to the last exit in Maryland, exit 109. (Source: Bay State Banner), In Michigan last year invited officials African Americans and other minorities to air their grievances about police mistreatment at an all-day forum. "Driving while black" assails these basic American ideals. (Source: The Augusta Chronicle), In Tennessee, at a May 1999 meeting with the Nashville Human Relations Commission, Mansfield Douglas, a Metro councilman, reported that two months earlier he had been pulled over by a police officer in the very district he represents. According to the government's own reports, 80 percent of the country's cocaine users are white, and the "typical cocaine user is a middle-class, white suburbanite." It's about the whole tree, right down to the roots. Hispanic and African American inmates are more likely than non-Hispanic whites to be incarcerated for a drug offense.". Sara Rose, an attorney with the ACLU of Pennsylvania, said the organization disagrees with the position that rules restricting students’ speech … The study found that Hispanics were ticketed most often, though blacks overall faced the sharpest disparities, particularly in the suburbs around Houston where they were more than three times as likely as whites to receive citations. This problem is particularly severe in the case of discretionary offenses such as failure to signal. Although this decades-old problem cannot be solved overnight, it is time to launch an all-out frontal assault on DWB. Of these, 600, or 72.9 percent, were black. It reads SUSPECT. Hispanics make up 25 percent of the persons stopped by Valkyrie officers for the offense, while the rate for non-Valkyrie officers is only eight percent. Racial profiling is based on the premise that most drug offenses are committed by minorities. that Operation Pipeline, and every other federally funded crime fighting program, is not encouraging or perpetuating racially biased law enforcement. They looked like they'd have pulled their guns if I'd so much as sneezed." Before the crowd that had gathered to watch, he was forced to lay face-down in the street as officers trained their guns at him. Of these 262 stops, 85.9 percent were of minorities as shown below: All Car Stops With Known Race of Suspect for the Week of March 7, 1997. The case is still in litigation, and in April 1999, the ACLU submitted to the court several analyses completed by a team of statistical experts who analyzed databases maintained by the Illinois State Police. In April of this year, the ACLU of Northern California established a statewide toll-free hotline for victims of discriminatory traffic stops. One of the plaintiffs, Jhenita Whitfield, who is black, said she and her sister, who is in the Navy, were stopped May 5, 1989, while driving through Eagle County from San Diego with four small children. And all equipment must be in working order at all times. The following stories are just a small sampling: In Arizona, the Phoenix New Times told the story of Larrel Riggs, a 42-year-old marketing executive who was pulled over on a highway by two officers from the Scottsdale Police Department in 1997. Find the latest news, videos, and photos on finance, industry trends, money, and more on NBCNews.com. On October 5, 2017, the Court granted plaintiff’s motion for preliminary injunction, finding that she was likely to succeed in her lawsuit, and issued an order reinstating B.L. to the cheerleading squad while the litigation proceeds. Did he pay for his airline ticket in cash and in large bills? Even if the Traffic Stop Statistics Study Act does not become federal law, it has already inspired action at the state and local level. While it does not regulate traffic stops, set standards for them, or require implementation of particular policies, it does require the gathering of solid, comprehensive information, so that discussion of the problem might move beyond the question of whether or not the problem exists, to the question of how to fix the problem. "I worked at GM as a skilled tradesman for $25 an hour. Similar bills have been introduced in Pennsylvania, Illinois, Virginia, Massachusetts, New Jersey, Maryland, Arkansas, Texas, Connecticut, Rhode Island, Florida, and California. I figured, let's do it and get the hell out of here. This problem is severe in many ISP districts. I worked everyday just like that police officer did." Our state affiliates and other civil rights advocates have brought lawsuits based on showings of discrimination by law enforcement agencies, but legal action is only a beginning; these cases are always difficult, long-term efforts that take considerable resources and plaintiffs of unusual fortitude. Sara Rose, senior staff attorney for the ACLU of Pennsylvania, said courts have ruled schools have broad powers to discipline students for speech considered disruptive when they are in school, but this student’s Snapchat message was posted on a Saturday and sent only to friends. James Robert Clapper Jr. (born March 14, 1941) is a retired lieutenant general in the United States Air Force and is the former Director of National Intelligence.Clapper has held several key positions within the United States Intelligence Community.He served as director of the Defense Intelligence Agency (DIA) from 1992 until 1995. 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. WHREN v. U.S.: THE SUPREME COURT UPHOLDS PRETEXTUAL TRAFFIC STOPS. CNN RSS (Really Simple Syndication) is an XML-based format for sharing and distributing Web content, such as news headlines. 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. ", 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." But the war on drugs has, since its earliest days, targeted people of color. The officer knocked the phone out of Gammage's hand and a scuffle followed. "That just lets you know how they look at us, as a threat, as a suspect, without even really knowing us," Estes said of some white police officers. Born in West Tuscumbia, Alabama, she lost her sight and hearing after a bout of illness at the age of nineteen months. During the second stop, which lasted two-and-half hours, the troopers terrorized SFC Gerald's 12-year-old son with a police dog, placed both father and son in a closed car with the air conditioning off and fans blowing hot air, and warned that the dog would attack if they attempted to escape. End the use of pretext stops as a crime-fighting tactic; Pass the Traffic Stops Statistics Study Act; Pass remedial legislation in every state; Ban racial profiling in all federally funded drug interdiction programs; Collect city-by-city traffic stop data on a voluntary basis. Halfway through the episode – perhaps realizing the extent of their lawlessness – the troopers shut off the patrol car's video evidence camera. Drug interdiction goals – important as they may be – do not outweigh the government's obligation to root out racially discriminatory law enforcement practices. 's behalf. 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. FOURTH: The Justice Department Must Take Steps to Ensure that Racial Profiling is Not Used in Federally Funded Drug Interdiction Programs, The U.S. Department of Justice has a moral and legal responsibility to ensure. In a landmark decision, on June 30, 2020, a federal appeals court ruled that public schools cannot censor students’ off-campus speech based on a fear of disruption of school activities. Let them do whatever they want to do. Four thousand three hundred and forty one, or 75.6 percent of the cars, had white drivers. Their belongings were strewn along the highway, trampled and urinated on by the dogs. One cruiser drew up along side Miller's car and asked, "Are you lost?" "The officer pulled us over to see if we had our seat belts on," Hyman said. A career soldier and a highly decorated veteran of Desert Storm and Operation United Shield in Somalia, SFC Gerald, a black man of Panamanian descent, found that he could not travel more than 30 minutes through the state without being stopped twice: first by the Roland City Police Department, and then by the Oklahoma Highway Patrol. The Justice Department should actively support the passage of the federal Traffic Stops Statistics Study Act and take the following additional steps: FIFTH: The 50 Largest U.S. Cities Should Voluntarily Collect Traffic Stop Data. 118, the Traffic Stops Statistics Act, requiring the collection of several. The guidelines cautioned troopers to be suspicious of rental cars, "scrupulous obedience to traffic laws," and drivers wearing "lots of gold," or who do not "fit the vehicle," and "ethnic groups associated with the drug trade." In Maine, the Portland Press Herald last year reported that the city's minority residents feel the pressure of police bias. Trumbull, which is now under investigation by the Federal Bureau of Investigation and the Department of Justice, is not the only Connecticut community to experience profiling. The ACLU calls upon legislators in every state to pass laws that will allow the practice of traffic enforcement to be statistically monitored on an ongoing basis. The premise is factually untrue, but it has nonetheless become a self-fulfilling prophecy. "I feared for my life. The officer informed Brown that the car had been reported as stolen, which was true. A case filed in federal court resulted in a settlement which required the city to record information about all vehicle stops, including the reason for the stop, any police action taken, and the race of the driver stopped. Six hundred and sixty-one, or 80.3 percent, were black, Hispanic, or other racial minorities. In practice, the Whren decision has given the police virtually unlimited authority to stop and search any vehicle they want. 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. "I'm an authority figure myself," said SFC Gerald, a career Army officer who received a Bronze Star for his outstanding performance in Desert Storm. Pretext stops capture some who are guilty but at an unacceptably high societal cost. On March 21, 2019, the court granted the plaintiff's motion for summary judgment, finding that the school did not have the authority to discipline her for her off-campus speech and that the school was in violation of the First Amendment. 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. The statistical evidence collected in the course of this litigation shows a clear pattern of racially discriminatory traffic stops and searches. This demonstrates that searches are based on race, not results. It is a war that has, among other depredations, spawned racist profiles of supposed drug couriers. 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