A new data collection plan aims to decrease the practice.
The topic of racial profiling has long been controversial in law enforcement. While some argue that it simply makes sense to put police resources towards groups that may be “more likely” to commit crimes, others argue that this is based on a completely flawed premise — and that it results in far too many people of color being stopped, arrested, and even jailed.
In fact, according to a 2016 Stanford report, black men were four times more likely to be searched than white people during a traffic stop in Oakland — and were more likely to be put in handcuffs, even if they were not ultimately arrested. Other studies have shown similar numbers across California, including in Los Angeles County.
One of the problems in determining if racial profiling is a problem in California is that police departments do not collect demographic data on who they stop. In 2015, Assemblywoman Shirley Weber of San Diego drafted legislation requiring police departments to do just that. The bill became law, and the rules were set to be finished by January 2017 so that the data collection could begin. Just this month, Attorney General Xavier Becerra revised these rules. Starting with the Los Angeles Police Department and other large metropolitan police departments, law enforcement agencies will be required to collect information every time that a police officer pulls someone over in their car or otherwise detains them. This information will include race, gender and other demographic details such as ability to speak English and any disabilities.
Racial profiling can lead to unjust criminal charges in a number of ways. For example, a police officer may decide that a young black man is acting suspiciously simply because he is black and pull him over on that basis — leading to criminal charges for drug possession. This may violate the young man’s Fourth Amendment right to be free from unreasonable searches and seizures, as well as his right to Equal Protection under the Fourteenth Amendment. A skilled criminal defense attorney in San Bernardino, CA can file a motion to suppress evidence from an illegal search or seizure based on racial profiling, and potentially even have the charges dismissed entirely.
At the Chambers Law Firm, we understand the complexities of racial profiling and how it can impact a criminal case. We work collaboratively with our clients to build a defense to the charges against them, which may include addressing issues related to racial profiling. To learn more about how we can help you if you have been charged with a crime in San Bernardino or the surrounding areas, or to schedule a free initial consultation, contact us today at 714-760-4088 or dchambers@clfca.com.
