{"id":2094,"date":"2008-06-22T06:58:11","date_gmt":"2008-05-21T08:22:23","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-05-21T08:22:23","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2094","title":{"rendered":"Statistical evidence can prove racial profiling, but here it did not"},"content":{"rendered":"

Statistic evidence is admissible to show profiling, but here the evidence did not prove it. The officer has a presumption of regularity attending his actions. Commonwealth v. Lora<\/a>, 451 Mass. 425, 886 N.E.2d 688 (2008):<\/p>\n

An assessment of the evidence admitted at the rehearing on Lora’s motion to suppress leads us to the inescapable conclusion that the use of census benchmarking to compare the demographics of a small community with citation ratios on a major interstate highway, which happens to pass through it, is unreliable and not accepted in the scientific community. Such benchmarking data do not provide an adequate basis for assessing the racial composition of the drivers encountered by Shugrue on Route 290 and is inadequate to establish that similarly situated drivers of different races were treated differently. Indeed, Lora’s own evidence disproves his premise of comparability: of the fifty-two motorists that Shugrue ticketed on Route 290 in Auburn, ninety per cent were not residents of Auburn. Lora therefore failed to present sufficient credible evidence of discriminatory effect. The judge’s determination to the contrary was clearly erroneous, and the motion to suppress should not have been granted.<\/p><\/blockquote>\n

Actions can show consent to enter. United States v. Peck, 2008 U.S. Dist. LEXIS 40188 (D. Utah May 19, 2008):<\/p>\n

Officer Koval testified, and Defendant does not dispute, that after he asked to speak to the male occupants of the house, Ms. Flores “opened the door, turned around, and started walking into the house.” She also stated, “That’s fine.” Though she did not specifically invite the officers in, her non-verbal communication indicated to Officer Koval that he was free to enter because she opened the door further after Officer Koval asked to speak to the male occupants, and she did not protest when he followed her in. Therefore, Officer Koval’s initial entry into the home was lawful.<\/p><\/blockquote>\n

In a \u00a7 1983 case too, what was found does not justify an unlawful search. Grayson v. Witt, 2008 U.S. Dist. LEXIS 40041 (E.D. Ky. May 16, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-2094","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2094","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2094"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2094\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2094"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2094"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2094"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}