Category Archives: Racial profiling

New Law Review Article: Implicit Racial Bias and Students’ Fourth Amendment Rights

New Law Review Article: Jason P. Nance, Implicit Racial Bias and Students’ Fourth Amendment Rights, 94 Ind. L. J. 47 (2019):

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CA2: Remand required for determination for reason for delay in getting computer SW

Defendant was found passed out in a car on a rural road with the car in gear and the engine running. A tablet was on the seat. Searching the car for information about him, an image of child pornography was … Continue reading

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VT: No sovereign immunity for flagrant search and seizure violations; implied right of action under state constitution

“¶ 84. In sum, we conclude that a direct private right of action for damages based on alleged flagrant violations of Article 11 is available against the State. The common law doctrine of sovereign immunity does not preclude such an … Continue reading

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WaPo: Two black pastors wanted help with a flat tire. A sheriff’s deputy asked if they had guns or drugs.

WaPo: Two black pastors wanted help with a flat tire. A sheriff’s deputy asked if they had guns or drugs. by Taylor Telford: Now an investigation of possible profiling.

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Newsweek: Police Are Three Times More Likely to Kill Black Men, Study Finds: ‘Not a Problem Confined to a Single Region’

Newsweek: Police Are Three Times More Likely to Kill Black Men, Study Finds: ‘Not a Problem Confined to a Single Region’ by Scottie Andrew: Police violence and homicide have persistently and disproportionately affected black communities for decades. A new study … Continue reading

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Miami Herald: The chief wanted perfect stats, so cops were told to pin crimes on black people, probe found

Miami Herald: The chief wanted perfect stats, so cops were told to pin crimes on black people, probe found by Charles Rabin, Jay Weaver & David Ovalle:

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Big Think: Predictive policing: Data can be used to prevent crime, but is that data racially tinged?

Big Think: Predictive policing: Data can be used to prevent crime, but is that data racially tinged? by Eric Siegel:

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OH4: Objective basis for stop obviates racial profiling claim

Defendant’s stop for an abrupt lane change and then driving 45 in a 55 was justification for the stop. There was an objective basis for the stop, so defendant’s racial profiling claim is rejected. The driver was obviously extremely nervous … Continue reading

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N.D.Cal.: Facial showing of racially discriminatory arrests made to get more discovery

Defendant made a sufficient showing of race-based selective enforcement in arrests in Operation Safe Streets in the Tenderloin District of San Francisco to get more discovery. United States v. Mumphrey, 2016 U.S. Dist. LEXIS 85593 (N.D.Cal. June 30, 2016). Defendant … Continue reading

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MA: Def was in CODIS four times; first might be illegal but rest were attenuated

Defendant contended that a 2000 blood sample that ended up in CODIS that connected him in a cold case hit was unreasonably obtained. However, he also had three other samples in the system that were not because of his convictions … Continue reading

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M.D.N.C.: Gov’t fails to show sheriff’s office discriminated against Hispanics in law enforcement

The government’s civil case against the Alamance County, N.C. sheriff fails to sufficiently show racial discrimination against Hispanics to justify relief. The court wasn’t kind to the Sheriff because of the use of ethnic slurs by jail deputies, but there … Continue reading

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M.D.Fla.: Racial profiling as a reason for a knock-and-talk rejected here, but not foreclosed in egregious cases

Racial profiling as a reason for a knock-and-talk was rejected on the facts, but the court concedes that it could happen in some case with egregious facts. United States v. Horne, 2015 U.S. Dist. LEXIS 50981 (M.D. Fla. April 17, … Continue reading

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