Headnote:
Motorists are fighting back against unfair stops and searches
Robert L. Wilkins, a Harvard-educated Washington attorney, was
traveling along Interstate 68 a few years ago,
returning from his grandfather's funeral, when a Maryland state
trooper pulled the family's rented Cadillac over
for speeding. When the trooper asked to search the car and its
contents, Wilkins refused. But the trooper set
loose a drug-sniffing dog to comb the car's exterior, including
the windshield, the hubcaps, and the taillights. No
drugs were found. Says Wilkins: "We were completely humiliated:'
Wilkins is among hundreds of American motorists who claim to be
victims of "racial profiling," the police
practice of stopping and searching African-American and Hispanic
drivers at rates far disproportionate to their
numbers on the road.
"Driving while black," as the phenomenon has come to be known,
flared anew last week when New Jersey Gov.
Christine Todd Whitman fired the state police superintendent,
Carl Williams, for saying that while he did not
condone racial profiling, minorities were responsible for most
of the country's illegal drug trade. The Williams
incident gave momentum to a grass-roots campaign by civil rights
groups to make minority motorists more
aware of their rights.
Statistics on racial profiling are controversial, but in a recent
study, Temple University Pro John Lamberth
determined that about 75 percent of the motorists and traffic
violators along one stretch of Interstate 95 were
white, but 80 percent of searches were of minorities.
Grateful Dead. Anecdotal evidence of racial profiling has been
accumulating for years. Prominent
African-Americans, including actors Blair Underwood and Wesley
Snipes and former Los Angeles District
Attorney Christopher Darden, have been stopped by police, allegedly
for no other reason than the color of their
skin. Even white youths with long hair, beards, or Grateful Dead
stickers are targeted, lawyers say.
Police insist they don't engage in profiling, but Williams, in
the remarks that got him fired, cited
disproportionately high drug arrests for minorities. While blacks
comprise only about 13 percent of the
population, statistics show they make up 35 percent of all drug
arrests and 55 percent of all drug convictions.
Nevertheless, civil rights advocates say Williams's remarks reflect
a pattern of stereotyping by police. When
police look for minorities, critics say, it is minorities they
will arrest.
(Photograph Omitted)
Captioned as: Robert Wilkins sued the Maryland State Police for stopping his family and searching the car.
Increasingly, targets of racial profiling are challenging the
practice in court-and winning. Sgt. David Smith, an
Indiana state trooper, won a legal settlement from the Carmel,
Ind., police department after he was pulled over
while driving an unmarked car. Wilkins, the Washington lawyer,
won $95,000 from the Maryland State Police, as
well as an agreement by the agency to keep records to help prevent
discrimination.
On the national level, the American Civil Liberties Union and
other grassroots groups, such as Citizens
Opposing Profiled Police Stops, are pushing for legislation that
would require the federal government to study
traffic stops and to note the race and ethnicity of motorists
detained. In the meantime, they are soliciting
motorists' complaints. You can call COPPS at (757) 624-6620 or
visit its Web site (www.copps.org).
Sidebar:
If you're stopped. . .
Sidebar:
Civil rights lawyers say racial profiling is illegal. But a 1996
Supreme Court decision allows police to stop cars
for traffic violations, even if the purpose is, say, searching
for weapons or drugs. Here, lawyers say, is what to do
if you are stopped:
* Know your rights. Just because the police ask to search your
car, you don't have to allow them to. You may
politely, but firmly, say no.
Sidebar:
* Don't argue. If you refuse to let them search, police may try
to detain you by the road. You may ask: "Am I free
to leave now?" It is unwise to be contentious.
* Take names. If you believe police have violated your rights,
write down information, such as their names,
badge numbers, and license plate numbers.
* Take action. You may file a complaint against the police or
sue. Talk to an attorney or your local office of the
NAACP or ACLU.