While there are those who assert that racial discrimination is an atrocious—albeit ancient chunk of American history, there are more than a few people of color who beg to differ that it has been alleviated in modern times. Discrimination based on race, ethnicity, national origin, and religion can be debilitating in all kinds of settings, none more so than in the world of criminal justice. Racial profiling by police and similar agencies has been documented to target people of color for stops, arrests, and incarceration.
Fear Behind the Wheel
If you have heard of the “crime” of driving while Black or brown, you probably know that one chilling part of life for minority populations in this country is the fear of being pulled over by racist law enforcement officers for tiny or nonexistent traffic infractions, only to then experience escalated violent interactions. That is because, all too often, law enforcement officers associate people of color with crime, making traffic stops and other interactions more likely than for white people.
Constitutional Violations?
The sad truth is that racial profiling is not restricted to a single segment of the law enforcement community, one particular race, or just one section of the country. In recent years the FBI targeted supposed Black Identity Extremists (BIE) with surveillance maneuvers that the agency has refused to make public. In excess of 18,000 law enforcement agencies have been alerted to the threat of attacks on police by BIE, despite any real evidence that Blacks have been attached to any such structured movement. Similarly, Asian Americans who work in the sciences have been scrutinized and even arrested based largely on their ethnicity. This particular discrimination is rooted in what the former Trump Administration called the “China Initiative,” which continues to operate under the Biden administration.
Meanwhile, Latino populations report more and more targeting by law enforcement, coming as the rise in anti-immigrant attitudes grows more vocal. Brown-skinned Americans fear being unfairly suspected of crimes, mistakenly deported, or worse yet, becoming one more number in the growing statistics showing that the number of Latinos killed by police and/or ICE agents is abruptly climbing. Middle Eastern Americans, too, have undergone more than their fair share of racial profiling as federal raids on communities of color continue to diminish public confidence in the law enforcement community. Racial profiling and its inherent domino effects can permanently uproot families, careers, and futures for blameless Americans of color, primarily because of the way others perceive them.
California Law
Racial profiling has been illegal in California for nearly a decade, prohibiting the practice and requiring reporting to the AG’s office of both pedestrian and vehicle stops, as well as any complaints of profiling. There is also an advisory board that is charged with examining research, data, and best practices in this area and sharing their conclusions with the public and policymakers. But regardless of laws on the books, racial profiling is baked into the mentalities of many Americans, some of whom work in law enforcement.
How to Respond to Racial Profiling
While it may feel impossible to stomach, it is important to remain calm in the face of law enforcement racial profiling. Obey officers’ demands and save your opinions for your attorney when you get the chance.
Fighting for You
The aggressive criminal defense attorneys at Boertje & Associates always fight for the best possible outcomes for our clients. To discuss your situation, schedule a confidential consultation in our San Diego office today.