Racial Profiling 101
Law enforcement officers are entrusted to enforce the law, not violate it. Enforcing the law based on the color of a persons skin is a travesty of justice and a violation of the Constitution of The United States. However, racial profiling in law enforcement has long been permitted, if not expressly authorized, by the Supreme Court.
The majority of law enforcement officers are ethical and professional. However, there are those officers that abuse their power to target individuals of certain ethnic groups for unequal application of the law.
This site is dedicated to educating the people about “Racial Profiling” in America. This has gone on for too long. It will not end until the Fourth Amendment is restored, Equal Protection means just that, and these officers are held to account and prosecuted to the fullest extent of the law.
All citizens should know their rights. Racial minorities need this information to protect themselves against those law enforcement officers that would seek to victimize an individual based on the color of their skin. Share this information within your communities!
Know Your Rights!
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Click Here for The Constitution Of The United States Of America.
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Click Here for The Constitution Of The United States Of America.
Title 18, U.S.C., Section 242
This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.
This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.
Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.
Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Title 42, U.S.C., Section 14141
This civil statute was a provision within the Crime Control Act of 1994 and makes it unlawful for any governmental authority, or agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers or by officials or employees of any governmental agency with responsibility for the administration of juvenile justice or the incarceration of juveniles that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.
Whenever the Attorney General has reasonable cause to believe that a violation has occurred, the Attorney General, for or in the name of the United States, may in a civil action obtain appropriate equitable and declaratory relief to eliminate the pattern or practice.
Types of misconduct covered include, among other things:
1. Excessive Force
2. Discriminatory Harassment
3. False Arrest
4. Coercive Sexual Conduct
5. Unlawful Stops, Searches, or Arrests
If you feel that you are a victim of racial profiling, there are steps that you must take to protect your rights.
1. Date and Time of incident
2. Officer Name, Badge Number and Department
3. Chronology of Events (including any and all pertinent details)
4. Detailed summary of why you feel that you were racially profiled.
5. Preserve All Paperwork (warnings, citations, repair orders, etc…)
If you were cited and/or arrested and intend to fight any charges associated with this incident, contact an attorney. If you cannot afford an attorney or find any legal service that is willing or able to help you, you will have to defend yourself. Be aware of all relevant dates associated with your case and file any and all appropriate paperwork in a timely manner. It will be your responsibility to research the legal aspects of your case and mount a defense. An attorney will be provided at State expense in all criminal prosecutions if you cannot afford one.
If you intend to pursue legal action against the officer and/or department for violation of your civil rights, consult with an attorney. If you cannot afford an attorney, you may file a formal complaint of racial profiling with the violating officers department. The proper form or phone number can usually be found on the departments web site or by calling and asking for information on how to file a formal complaint against an officer.
Click Here for more information and resources.