Monday, November 4, 2013

RACIAL PROFILING LIVES ON


  • Judge Shira A. Scheindlin ruled that the stop-and-frisk practices of the NYPD violate the constitution  is being applauded as a victory against unreasonable policing
  • Mayor Bloomberg disagrees
  • Judge Scheindlin's ruling doesn't change the authority that police officers have been given to target based on race
  • Although the 4th amendment protects against unreasonable acts, the police still hold a huge discretion to stop and question those who have done nothing wrong
  • can ask for permission to search him or his belongings, wouldn't have to tell him that he has the right to refuse or walk away
  • can stop and ask to search for weapons based on "reasonable suspicion"- more than a hunch but less than a probable cause
  • officer could chase Tony even if he had no reason to believe that he had violated any law
  • if Tony was a Latino, the officer could argue that he looked mexican so he believed that he was undocumented
  • can arrest Tony no matter how minor the charge, including handcuffing and searching and hauling him off 
  • if beaten, shot, killed, etc; winning the claim would be hard
http://www.nytimes.com/2013/08/15/opinion/racial-profiling-lives-on.html?adxnnl=1&smid=pl-share&adxnnlx=1383620502-cVKv8zhZKiLOKtUNS36TXg

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