US Judge Rules Traffic Stop By Cops in Racial Profiling Case Unconstitutional, Tosses Evidence

04:50  17 november  2021
04:50  17 november  2021 Source:   newsweek.com

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Search and Seizure, Racial Profiling , and. Traffic Stops : A Disparate Impact Framework. J. MITCHELL PICKERILL, CLAYTON MOSHER, and TRAVIS PRATT. In response to nationwide attention to the issue of racial profiling , numerous law. enforcement agencies have reexamined their policies and collected data on the. For some, the disparities in. search rates are thus clear indicators of unconstitutional discrimination by. police under the Equal Protection Clause of the Fourteenth Amendment.

The perception and existence of biased policing or racial profiling is one of the most difficult issues facing contemporary American society. Citizens from minority communities have focused their concerns on the improper use of race by law enforcement officers. The current research uses a complex The results are mixed in that the officer's aggregate actions do not show a pattern of discriminatory actions toward minority citizens when making a traffic stop , but results of post- stop activities do show some disparate treatment of minorities. Five specific policy recommendations are made to reduce the

A federal judge in Maine ruled that a traffic stop in a racial profiling case was unconstitutional, tossing the evidence obtained at the stop.

A judge ruled that a evidence seized in traffic stop in a racial profiling case was tossed after the stop was said to unconstitutional. In this photo, people light candles during a vigil held by social justice activists to honor those who have died because of racial profiling and police violence, outside the Park Hills Community Church in Los Angeles, California on March 7, 2021. © David Mcnew/Getty Images A judge ruled that a evidence seized in traffic stop in a racial profiling case was tossed after the stop was said to unconstitutional. In this photo, people light candles during a vigil held by social justice activists to honor those who have died because of racial profiling and police violence, outside the Park Hills Community Church in Los Angeles, California on March 7, 2021.

The case is about Trooper John Darcy, who was recorded talking to a fellow trooper on a cruiser microphone before stopping a Black motorist through York in August 2019. Darcy said the man looked like a "thug," pointing out his dreadlocks and shirt, but also said he was not racially profiling the driver.

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The Cops production team filmed the entire stop , thereby providing the Court with indisputable video evidence of the stop from its inception to Defendant’s arrest. And here's why some cops are extremely resistant to the notion of additional recording devices. (Although, up until this point, Hernandez was The court does commend Officer Hernandez for "instinct, experience and intuition." After all, the officer did recover a weapon during his unconstitutional search. But it points out that the Fourth Amendment isn't only supposed to be viewed after the fact. It's supposed to govern these interactions as they

In the vast majority of cases , no evidence of wrongdoing is found, and the stopped person is let go.[10]. Controversy regarding misuse and claims of racial profiling . Demonstrators protest racial bias in policing, marching to then-Mayor Michael Bloomberg's house on June 17, 2012. In Floyd v. City of New York, decided on August 12, 2013, US District Court Judge Shira Scheindlin ruled that stop -and-frisk had been used in an unconstitutional manner and directed the police to adopt a written policy to specify where such stops are authorized.[24][25][26][27] Scheindlin appointed Peter L

However, on Monday, U.S. District Judge Nancy Torresen said Darcy was not a credible witness and the dashcam video from his cruiser contradicted the reasons he gave for the traffic stop, according to the Portland Press Herald.

Police seized 140 grams of cocaine, 880 counterfeit prescription pills, and a loaded firearm in the stop. However, because the stop was ruled unconstitutional, the evidence cannot be used in the case.

The motorist pleaded not guilty to a charge of possession of fentanyl and heroin with intent to distribute, The Associated Press reported.

An investigation of over 1,000 traffic stops was done by the state police chief after the one in question. No pattern of racial profiling by Darcy was discovered.

Tom Pappas, president of the Maine State Troopers Association, said he had yet to see the ruling and, therefore, could not comment on it.

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However, racial profiling is much more than a hassle or an annoyance. It has real and direct consequences. Those who experience profiling pay the price emotionally, psychologically, mentally and in some cases even financially and physically. As noted by criminologist Scott Wortley: “To argue that racial profiling is harmless, that it only hurts those who break the law, is to totally ignore the psychological Yet, during the racial profiling inquiry, the Commission learned that one of the most significant and potentially long-lasting impacts of racial profiling is its effect on children and youth.

Racial profiling is not a case of a few bad apples or. rogue cops . It is a systematic strategy, often rationalized by a false belief. geting of racial minorities as suspects. Courts have ruled that although stops . of police leadership in racial profiling . Police administrators provide much. involve efforts to gather data on racial disparities in traffic stops by police.

Because of Darcy's recorded comments, defense attorneys and the American Civil Liberties Union of Maine started to challenge arrests he made in other cases, the Portland Press Herald reported.

"This order imposes necessary consequences for the illegal actions of the Maine State Police," said Emma Bond, the legal director of the ACLU of Maine.

For more reporting from the Associated Press, see below.

Maine Department of Public Safety is aware of the ruling and is reviewing it, said Shannon Moss, a spokesperson for the agency.

"We will review the ruling and the supporting investigation documentation. It would be inappropriate for us to provide a statement without such a review," Moss said.

ACLU of Maine legal director Emma Bond said the case "is just one example of the racial profiling that is pervasive in Maine and across the country." She said it's an example of how "gut feelings" can result in racial profiling.

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The OHRC defines racial profiling as any act or omission related to actual or claimed reasons of safety, security or public protection, by an organization or individual in a position of authority, that results in greater scrutiny, lesser scrutiny or other negative treatment based on race, colour, ethnic origin Overall, under the Comprehensive Ontario Police Services Act ( COPS ) 2019, there is potential for police oversight agencies to address discrimination in policing, including racial profiling . This is because LECA can conduct a systemic review without a public complaint and investigate officer

in unconstitutional stops for U.S. citizens. However, the Court also ruled that “appar-. ent Mexican ancestry” can legitimately inform an investigatory stop on immigration. grounds if other facts—such as a driver’s “mode of dress and haircut,” or if a driver or. ars opposed to racial profiling sometimes do not support a ban on Border Patrol offi-. cers’ use of racial appearance to effect a traffic stop because at least the law as it. stands—as in Brignoni-Ponce—makes race legible and visible as a core factor in. investigatory stops .

The case opened up a debate between lawmakers, activists and public safety officials about the role of racial profiling in Maine policing. Maine Rep. Jeffrey Evangelos filed a complaint with the state when Darcy was later given the Trooper of the Year award.

Evangelos and others felt Darcy was given the award as a rebuke of the Black Lives Matter movement. Officials later said Darcy was recommended for the award before the allegations of racial profiling surfaced.

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