It's Not Just In New JerseyCops across the U.S. often search people just because of their race, a study says
By Tammerlin Drummond/TIME
When blacks and hispanics across the U.S. read recent headlines
about the practice of "racial profiling" by state troopers in New
Jersey, it didn't strike them as an obscure practice in a far-off
state. It sounded like their own experience. They have long
believed it's no coincidence that so many of them have been
stopped and frisked by police for no apparent reason. African
Americans even coined a term for their supposed offense: dwb, for
Driving While Black.
Last week their suspicions gained supporting evidence. A 43-page
report released by the American Civil Liberties Union showed the
problem to be of national scope. Citing police statistics, case
studies from 23 states and media reports, the organization
asserts that law-enforcement agencies have systematically
targeted minority travelers for search--pedestrians, motorists and
airline passengers--based on the belief that they are more likely
than whites to commit crimes. Says David Harris, the University
of Toledo law professor who wrote the A.C.L.U. study: "It affects
blacks and Hispanics from every station in life and every
geographic location."
The practice is often a contributing factor in tensions between
minorities and police. Last week the Justice Department released
a 12-city survey in which 24% of the blacks who were polled said
they were unhappy with their local police. It was a smaller
number than might be expected at a time of prominent
police-brutality cases, including the trial of three New York
City officers accused of assaulting Haitian immigrant Abner
Louima. But it was a far higher number than the 10% of whites
unhappy with police.
Most law-enforcement officials have steadfastly denied that their
officers engage in racial profiling. And the practice has been
difficult to prove because few police agencies record the race of
the drivers they pull over. An important exception came in a
study last month by the attorney general of New Jersey, who found
that police brass unofficially encouraged state troopers to stop
blacks and Hispanics in disproportionate numbers as part of a
campaign to increase drug arrests. Two troopers were later
suspended and indicted on charges of falsifying records to
conceal racial profiling. (They pleaded not guilty.) A judge
dismissed charges against 21 people whom the troopers had
arrested.
Across the U.S. nonwhite travelers tell similar tales of police
harassment. According to the A.C.L.U. report, the stretch of
Interstate 95 from Florida to New York is especially notorious.
On I-95 in Maryland, blacks made up 17% of motorists but 73% of
those stopped and searched. Last year a class-action suit accused
Maryland state troopers of targeting black drivers. In Illinois,
where Hispanics are just 8% of the population, they represented
30% of the drivers stopped by police. "It's really deeply
ingrained behavior that is going to be hard to change," says
Reggie Shuford, an A.C.L.U. staff attorney.
The civil-liberties group wants federal legislation requiring all
law-enforcement agencies to track racial data from traffic stops.
Only a few police departments, including those in San Jose,
Calif., and San Diego, now do so. The organization is also
pushing for an end to so-called "pretext stops" as a
crime-fighting tool and a ban on racial profiling in all
federally funded drug-interdiction programs.
Ronald Neubauer, president of the International Association of
Chiefs of Police, blasted the A.C.L.U. report for "using an
extremely broad brush to portray all of law enforcement as
individuals who practice racial profiling." He added that "we
recognize a problem exists, but it is an extremely small number
of officers conducting themselves illegally."
Still, when the A.C.L.U. placed ads in the black media asking
victims of racial profiling to share their stories, the
organization was flooded with thousands of complaints--and not
just about traffic stops. The next battleground may be airports.
Several recent lawsuits allege that U.S. Customs Service
inspectors regularly strip-search minorities solely because of
their race. Customs officials deny that they countenance racial
profiling, but they have formed a commission to investigate the
allegations.
The Supreme Court has upheld the right of law-enforcement
officers to stop and search people whom they suspect of even
minor infractions. But the courts do not consider race alone to
be grounds for suspicion. "You don't have to resort to these
techniques to reduce crime," says Hugh Price, president of the
National Urban League. "Public safety and civil liberties are not
either-or propositions."
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Cover Date: June 14, 1999
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