Dismissal of a lawsuit against the Border Patrol will lead to more racial
profiling of Hispanics by law enforcement agencies, a lawyer representing
Hispanic clients predicted.
The 9th U.S. Circuit Court of Appeals ruled [on December 22, 1999] that two
southern Arizona Hispanics did not have standing to file a class-action suit
against the Border Patrol for allegedly singling out people who looked
Hispanic for traffic stops.
"It makes the standard for minorities to challenge these kind of profiling
stops by police very, very difficult," said the lawyer who represented the
two before the 9th Circuit Court, Armand Salese. "It makes the bar so high
that eventually they are losing their Fourth Amendment right to be free of
unlawful searches and seizures."
[Yet one of the Judges who wrote a side-opinion, Judge Stephen Reinhardt,
said, "I am confident that if (or when, given the unfortunate reality)
racial profiling cases arise in the future, this court will continue to
acknowledge that the Constitution guarantees relief from such
wire story, Tucson Citizen (Arizona), 23 December 1999, Pamela Hartman
[In a related story...]
The federal government took an unprecedented step [on December 22, 1999]
against the controversial practice of racial profiling, striking an
agreement with the state of New Jersey to ensure that its troopers no longer
use race as a factor in highway traffic stops. U.S. Justice Department
officials said the accord should send a message to police agencies around
the country that using racial or ethnic profiles in traffic or
law-enforcement stops -- a practice that has been widely debated in recent
months -- will no longer be tolerated and that federal officials will use
the power of the courts if necessary to stop it.
Minorities long have complained that they are routinely singled out and
harassed by authorities on roadways, in airports, at border stops and
elsewhere simply because of the color of their skin. Blacks say that they
are often guilty of nothing more than DWB -- "driving while black."
L.A. Times - Wash. Post News Service, 23 December 1999
[Both edited for space]
"So what?", you may be asking. I am not a minority (or maybe you are, in
which case you would not be asking).
Ever heard of DWF or DWT? Driving while Female. Driving while a Teenager.
Are you aware that these two "minority" groups are more likely to be stopped
than are adult white males? More likely to be detained for a longer period
of time? Are you aware that teenagers are especially targeted if they are in
a group of over three people? If they are window-shopping in a Mall. If they
are "dressed wrong." If they are out late at night -- even if they are out
with your permission?
Well, they have Miranda rights, don't they? Sure they do, all except the
teenagers in many jurisdictions. Ever wondered how someone accessed their
Miranda rights against unreasonable detention? First you have to determine
that you are in fact being detained. Then you have to have an attorney to
call (no, not Uncle Fred the bankruptcy attorney in another State).
Ever tried to get ahold of any attorney at 11:00 p.m. on a Saturday night?
Ever sat up late at night only to learn that your son or daughter was being
"routinely questioned" for an hour by the police, (for being out late)? Ever
received a phone call at 3:00 a.m. to"come pick me up, Dad (or Mom)"?
Because your child was simply in the car with someone who decided to be a
smart-aleck with an officer who pulled them over, and ended up in jail? Ever
wondered why your spouse was three hours late getting home from that
shopping trip, only to learn that she had been detained because the store
Security guard confused her with someone else, who walked out of the store
without paying for something. These are all examples of things that have
happened to my clients over the last four years.
Well, with the new Pre-Paid Legal Services plan called the Legal Shield, you
have access to attorneys 24 hours a day, 7 days a week. A phone number to
call. Right away, not the next morning. And the Legal Shield plan covers
your whole family, including those teenagers.
What is that old saying? "An ounce of prevention is worth a pound of cure."
Prepaid Millennium Associates
prepaid 2000 at my-Deja dot com
"You are ONE QUALITY DECISION AWAY
from anything you want." Jim Stovall