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The full report is at http://www.aclu.org/profiling/report/index.html
Police abuse against people of color is a legacy of African American enslavement, repression, and legal inequality. Indeed, during hearings of the National Advisory Commission on Civil Disorders ("The Kerner Commission") in the fall of 1967 where more than 130 witnesses testified about the events leading up to the urban riots that had taken place in 150 cities the previous summer, one of the complaints that came up repeatedly was "the stopping of Negroes on foot or in cars without obvious basis."
Significant blame for this rampant abuse of power also can be laid at the feet of the government's "war on drugs," a fundamentally misguided crusade enthusiastically embraced by lawmakers and administrations of both parties at every level of government. From the outset, the war on drugs has in fact been a war on people and their constitutional rights, with African Americans, Latinos and other minorities bearing the brunt of the damage. It is a war that has, among other depredations, spawned racist profiles of supposed drug couriers. On our nation's highways today, police ostensibly looking for drug criminals routinely stop drivers based on the color of their skin. This practice is so common that the minority community has given it the derisive term, "driving while black or brown" - a play on the real offense of "driving while intoxicated."
One of the core principles of the Fourth Amendment is that the police cannot stop and detain an individual without some reason - probable cause, or at least reasonable suspicion - to believe that he or she is involved in criminal activity. But recent Supreme Court decisions allow the police to use traffic stops as a pretext in order to "fish" for evidence. Both anecdotal and quantitative data show that nationwide, the police exercise this discretionary power primarily against African Americans and Latinos.
No person of color is safe from this treatment anywhere, regardless of their obedience to the law, their age, the type of car they drive, or their station in life. In short, skin color has become evidence of the propensity to commit crime, and police use this "evidence" against minority drivers on the road all the time.
This is the ACLU's DWB News Archive.
Know your rights if you are stopped by the police, the FBI, the INS or the Customs Service.
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