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Search and Seizure, Racial Profiling, and Traffic Stops: A Disparate Impact Framework

More news stories on Racial Profiling

J. Mitchell Pickerill, Clayton Mosher, Travis Pratt, Journal of Law & Policy, January 2009

Abstract:

In response to nationwide attention to the issue of racial profiling, numerous law enforcement agencies have reexamined their policies and collected data on the racial demographics of motorists stopped and searched by police. This article advocates a disparate impact framework for understanding the relationship between race and searches and seizures. Using data on the Washington State Patrol, analysis indicates that disparities in the proportions of racial minorities searched by the Patrol are likely not the result of intentional or purposeful discrimination. Additionally, factors such as age, sex, time of day, and the number of violations that motivated the stop affect the likelihood of a search.

[Full text is available only by subscription.]

Original article

(Posted on April 20, 2009)

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Comments

1 — Question Diversity wrote at 5:58 PM on April 20:

This is why the U.S. Justice Department does occasional crime victim random surveys, so they can have a good statistically solid representation on who is committing crime, to compare against arrest statistics in the Uniform Crime Report of the FBI, to check and see if cops are over-arresting blacks. And it never is the case.

2 — Bandmo wrote at 6:44 PM on April 20:

Next go after Insurance companys, they are the most bias operations in the USA, asking questions like “Do you have terminal cancer, are you are drug addict, do you have AIDs, do you you share needles with people that have HIV, do you walk through Oakland Ca. after 5 PM , are you over 90 years old, ECT.”. Where do these insurance companys get off with asking personal questions like that? Answer yes to just one of these and you pay more for insurance. Talk about “profiling”.

3 — Obscuratus wrote at 7:28 PM on April 20:

Using data on the Washington State Patrol, analysis indicates that disparities in the proportions of racial minorities searched by the Patrol are likely not the result of intentional or purposeful discrimination

Unfortunately, like the other Leftist-created ‘popfacts’ that “all serial killers are white men”, “immigrants do the jobs “Americans” don’t want to do” and “white settlers ‘stole’ the Americas/Australia/New Zealand”, the equally-invalid myth that “non-whites (only black and “Hispanic” Americans though…) are disproportionately stopped by (racist) white police officers will still be circulating throughout American society, academia and popular culture long after the “racist” white perpetrators are gone.

4 — sbuffalonative wrote at 7:55 PM on April 20:


My first, and as yet, only speeding ticket I received came on the Massachusetts Turnpike. The trooper was black.

I was in unfamiliar territory, it was a speed trap, I was young and naive.

When he pulled me over, I didn’t argue or fight. I WAS exceeding the speed limit (though I don’t believe it was by much. As I said, I later found out this section was a notorious speed trap).

A few weeks later, I got the ticket in the mail and immediately paid it. I learned my lesson about speeding.

When a white man gets caught committing a traffic infraction, his general response maybe be anger but most white men know when they’ve been caught fair and square. They don’t argue or go into a rage. They know they’re guilty and, like me, kick themselves for getting caught.

When I share this story with other white men, they report similar experiences. They’re guilty of speeding, they’re angry, but they know they’re guilty so they blame themselves, not the cop.

Black men turn it into a crime against humanity. They may be guilty of speeding but RACE is the REAL reason they were ‘targeted’, even when the officer is black (Black cops are sellouts and have bought into the ‘white supremacy system’ to keep their jobs).

Unless you’re innocent and have witnesses to prove it, just say, ‘Yes officer. I’m sorry officer. I know it’s your job officer. Thank you officer.’

Try to get a laugh out of it later over a beer with your friends.


5 — Anonymous wrote at 9:39 PM on April 20:

This entire issue is nonsense. Only two types of person will object to profiling, viz. the leftist ideologue and the mindless fools who consider themselves to be the anointed enlightened elites,i.e. the pathetic liberals of the media, hollywood, and academia and racist blacks.

Of course it makes sense to profile suspects according to whatever empirical data (know as “evidence”) one has available. Race, especially black race, is the strongest single indicator of violent behavior and crime. When one combines race with sex (male) and age (18-35 depending on the data cited), one has the single most powerful predictor of violent crime available. Mr. Taylor’s The Color of Crime makes this point very clearly, based on law enforcement national crime statistics. Regardless of what you may want to believe, there is overwhelming evidence to this effect.

What do the opponents of racial profiling want the police to do, catch violent felons or follow an absurd PC social policy which forces them to let them walk? If you want safety, then you want law enforcement, especially local law enforcement, to act rationally, not follow a certain scripted political and social ideology. Remember, all that stands between the sheep and the wolves are the police. We may not be enough and certainly we respond to crime rather than prevent it usually, but we are all that the sheep have. I said “we” because I am a local LEO. If you have any doubts, I suggest volunteering with your local police department as a reserve officer sometime. Wear the uniform and the badge sometime, stand alone in the street sometime wearing the uniform and having sworn the oath that we take. You will discover what it is like to be the lone individual whose duty it is to enforce the law in this society. It is often a lonely, thankless job but if it were not done, we would all live in a state of perpetual fear. Economic and social activity would come to a virtual standstill and society would revert to a Hobbesian “war of all against all”. Law enforcement protects the pathetic liberal sheep just as much as it protects those who are not fools.

Anyone who preaches a doctrine which would force detectives to ignore evidence and experience in order to achieve “social justice” or some other such sophistic rubbish deserves to live in a world without law enforcement. After all it is precisely the most liberal who constantly condemn the very people who make their lives possible for they are the least likely to take responsibility for their own self defense.

Police profiling, racial or otherwise, is simply the application of sound common sense in a very dangerous world. Those who condemn the police for using their intelligence and the available evidence in hunting down violent felons do not deserve the services of those who risk their lives daily to preserve order and protect the public. Think about what the police do, what they are paid, how much they must risk in order to attempt to keep you safe before condemning them for trying to do their job in the most effective way possible. If you prefer a self-satisfied arrogance founded on total ignorance of the real world to your own and your family’s personal safety, then by all means condemn the police and their use of “profiling”. Just don’t expect us to protect you from violent crime. You cannot consistently have the former without forfeiting the latter.

6 — Quiet Professional wrote at 10:00 PM on April 20:

I can only warn my fellow AmRen posters that this article will likely contain questionable statistics, but not in the manner you might immediately suspect.

Over the last five or six years I’ve come to know many white police officers who do indeed use race in the execution of their duties…if the individual in question is black, they don’t get stopped. Period. People may not believe this, but it’s true across a broad spectrum of police.

I’ve known officers who will, upon observing a moving violation, check the race of the driver before making a traffic stop. If the driver’s black, the violation gets ignored. If someone’s acting suspicious, but they happen to be black, they don’t get stopped and interviewed.

Conversely, some of the most unacceptable, unprofessional behavior I’ve ever seen exhibited against black citizens…comes from black officers. Black officers do things that would get a white officer fired, and they’re unflinching when called out on it by white colleagues.

I constantly preach in my posts for white citizens to hold their local police departments accountable. When you read an article like this that debunks the phoney-baloney claims of “racial” profiling, see past the statistics and confront your local police chief.

If blacks aren’t getting stopped in the manner they claim to be, then who is? Do white citizens make up a larger percentage of investigatory stops than their percentage of the populace seems to warrant?

Don’t let some heel-rocking, pocket-change-jingling police administrator deflect bogus claims from a black neighborhood by ramping up enforcement in a white neighborhood. Put them on the spot. Make them explain themselves. We work for you. Period.

7 — Cliff Yablonski wrote at 1:47 AM on April 21:

Ever drive behind someone and try to figure out what race they are? It’s difficult unless you’re right on top of them, and impossible at night.

8 — Anonymous wrote at 6:13 AM on April 21:

“Black men turn it into a crime against humanity. They may be guilty of speeding but RACE is the REAL reason they were ‘targeted’, even when the officer is black (Black cops are sellouts and have bought into the ‘white supremacy system’ to keep their jobs).”

3 Things A Black Man Will Never Say

1. That’s my fault.
2. I don’t know.
3. I’m sorry.

9 — john wrote at 3:58 PM on April 21:

This is an outrage! Everybody knows that the black crime rate in America is strictly a function of police stopping and arresting only blacks, while whites, Asians, and Hispanics continue on their criminal rampages. The entire enforcement apparatus is stacked against them, including judges, juries, and prosecutors. What’s truly remarkable is that such a vast conspiracy has gone unrevealed thus far, with many millions of people involved. It’s just a matter of time before someone cracks and the whole system falls apart. The truth will come out.

10 — jewamongyou wrote at 12:39 AM on April 22:

Quiet Professional, I’ve long suspected that what you wrote is the case. The times I have been stopped and ticketed, they’ve marked my race as “white”. Most of the time though, I get off with a warning. Overall, traffic cops are very friendly toward me and sometimes it makes me wonder if they perhaps take me for Hispanic - or maybe I’m just lucky. It’s one of those things you’ll never know. It might be a good idea for white drivers to wear masks that make them look like “people of color” just to minimize the odds of getting stopped.

11 — BonBon wrote at 9:12 AM on April 22:

“…Remember, all that stands between the sheep and the wolves are the police…. we are all that the sheep have…”

My shotgun and pit bull/police dog would beg to differ.

What are you going to do, wait for the police to come and defend you? That’s a joke, right?

After all, how else is an small, middle-aged, White female with children and animals to protect supposed to defend them and herself? Isn’t that my main job as their protector?

As another poster on here keeps writing: Teach Your Children Well—Especially Your Female Children! Teach them to be prepared to defend themselves at all times, especially in this harsh government-created era economic of rising unemployment—especially among the White-hating parasitic classes.

And again: Self-defense is a Civil Right and Handguns are a Girl’s Best Friend.

Maybe OUR motto should be ‘Bring me my Shotgun!’

Bon outta Taxifornia

12 — Quiet Professional wrote at 11:09 AM on April 22:

To Bon:

I’ve heard the sheep-and-wolves analogy several times over the course of my career. In those rare, Columbine-type situations where advanced tactical training is required to solve the problem…yes, it’s true. However, for the most part, it’s an overly dramatic refrain that some officers use to salve their ego.

I’ve been saying for years that citizens should be prepared to defend themselves, at least for the first moments of the attack. This goes double for women…nothing stops a rape like a bullet in the face. Hard-core, committed offenders aren’t worried about courts, juries, judges, parole boards, etc….they understand and respond to one thing - violence. The threat of getting seriously injured will deter an assault faster than any law on the books.

However, with that said, don’t lose sight that some police are straining at the leash when it comes to defending the good people they serve. Not all of us are munching on donuts and swilling coffee; not all of us are overweight, disinterested affirmative-action hires who’re only it for the paycheck and health insurance.

Hold your local police accountable. Why are the morbidly obese cops allowed to work the road? Why is there a speed trap on my way to work for the thousandth time, but there’s never an officer running the dopeheads off from the parking lot of my local shopping center?

For the last several years I’ve been assigned to the downtown area of the large metropolitan city I work in. During morning and afternoon rush hour I get out on foot and prowl through the high-rise parking garages, the places where citizens are most likely to be attacked and robbed as they come and go from work.

I can’t tell you how many people have thanked me for that, as what mugger can be sure that he and I won’t go head to head in a dark stairwell when he’s trying to steal a purse? “Fighting fair” goes out the window in that case, and that’s what criminals fear the most.

When people thank me, I tell them to call and tell the commissioner. Ask him why we have cops in schools, cops playing basketball with kids, cops going to community meetings…and not more cops doing things like prowling through parking garages.

As criminals get more lethal, why are police departments investing in less-lethal technology? Who’s life is more important?

Anyway, sorry for the rant. I’m so sick of seeing the good citizens get stepped on and left vulnerable by ridiculous social policies.

13 — BonBon wrote at 9:15 AM on April 24:

“…However, with that said, don’t lose sight that some police are straining at the leash when it comes to defending the good people they serve…”

Yes, yes, of course. Police, fire fighters and prison guards have the most thankless jobs I can think of. Every day the police put their lives on the line dealing with the mentally ill, gang members armed with powerful weaponry, aggressive, violent White-hating (especially police-hating) non-Whites, stupid consent decrees and oversight by no-nothing idiots, along with the wretches in the ACLU, $PLC, and morons like Steve Yagman who have made it their life’s work to sue the police.

For these and other reasons, I have no problem with these professions retiring at age 50 with 90% of their salaries. Who on earth would want to risk his life every day dealing with the lowest forms of ‘human’ life on the planet? I cannot imagine getting up every day wondering if I were going to come home to my family again.

Believe me, I admire the brave work the police, fire fighters and prison guards do every single day to keep innocent people safe.

But, it is called The Thin Blue Line for a reason—and it is for this that we must practice armed self-defense at all times, especially females, and especially as our economy melts down.

The msm report that unemployment in California is now around 11%—which means it is probably closer to 15-17%—and rising. We have the highest foreclosure rate in the nation and the state is run by economically illiterate communists whose answer to every problem is ‘Tax the Rich!’ (rich meaning anyone with a non-cash based job) and ‘Raise Taxes and Regulations on Businesses!’

I receive a number of investment newsletters, written by people who know exactly what is going on behind the false promises of ‘Hope’ and ‘Change’, all are forecasting a huge rise in violence and riots— and I’m sure it’ll be directed at us ‘rich Whites.’

Many say this is by the design of the hostile elites to impose government force and takeover and bring about a NWO.

So to the police, fire fighters and prison guards: Please stay safe! And thank you for all the good work you do.

Bon out of Taxifornia



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