Racial profiling is the use of race in determining who is a suspect. Racial profiling may be used to target certain races for traffic stops because they are believed to be more likely to be engaged in criminal activity.
Although police officers have the right pull you over if you commit a traffic offense even if they have ulterior motives, there are some actions you can take to protect yourself from racial profiling:
Many states have created laws to deal with the problem of racial profiling. Some of the laws enacted include:
The following states have some kind of anti-racial profiling law: Alaska, Arkansas, California, Colorado, Connecticut, Florida, Illinois, Kansas, Kentucky, Maryland, Minnesota, Montana, Nebraska, Nevada, New Jersey, Oklahoma, Rhode Island, Texas, Utah, Washington, and West Virginia.
Most of these laws require that the officer write down exactly why they stopped the vehicle and mandate that the written reports be reviewed by an oversight committee.
Criminal procedure laws also require that evidence be suppressed if the police cannot produce a probable cause for their search.
As of 2003, the Department of Justice has a provision in its guidelines which prohibits racial profiling. The Department of Justice is the federal department responsible for law enforcement and the department includes the Federal Bureau of Investigations (FBI).
There are currently no laws passed by Congress which address racial profiling.
If you think you have been the victim of racial profiling, you should speak to a criminal law lawyer immediately to learn more about your rights, your defenses and the complicated legal system.
Last Modified: 10-11-2017 11:42 PM PDTLaw Library Disclaimer
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