Introduction

• Opening Statement: “I’m going to give you another example of how the US Supreme Court has extended the authority of the police to racially profile Black people without violating the law.”
• Thesis: The 1996 Supreme Court decision in Whren v. United States significantly expanded police power to conduct pretextual traffic stops, effectively legalizing racial profiling and disproportionately targeting Black motorists.

Scenario of Racial Profiling

1. Setting the Scene
   • Young Black Men Driving: Imagine you’re a young Black man driving down the street with a friend, heading to get something to eat in your neighborhood.
   • Underserved and Over-Policed: Like many Black neighborhoods, yours is underserved and over-policed.
2. The Traffic Stop
   • Police Car Following: Out of nowhere, you notice a police car behind you. Despite driving at a steady speed and signaling properly, the police pull you over.
   • Reason Given: The police claim you signaled less than 100 feet before turning.
3. Questioning and Search
   • Questioning for Narcotics and Weapons: Officers begin questioning you about narcotics and weapons and ask to search your vehicle.
   • Pretextual Justification: Despite no real interest in the minor traffic violation, the stop is used as a pretext to investigate you for drugs.

Whren v. United States Case Study

1. Case Background
   • Incident Description: On June 10, 1993, Michael Whren and James Brown, two young Black men, were driving in Washington, D.C., when plainclothes officers followed and stopped them for an alleged minor traffic violation.
   • Police Admission: Officers admitted their real intention was to investigate the men for narcotics, not the traffic violation.
2. Supreme Court Decision
   • Argument by Whren: Michael Whren argued that the stop was unlawful and pretextual, with no probable cause for a narcotics investigation.
   • Court’s Ruling: The Supreme Court unanimously decided that the officers’ subjective intentions did not matter as long as they could cite a legal reason for the traffic stop.
3. Implications of the Decision
   • Expansion of Police Power: The ruling effectively allowed police to use any minor traffic violation as a pretext to stop and investigate individuals, disproportionately affecting Black motorists.
   • Racial Profiling Legitimized: The decision provided a legal cover for racial profiling, making it challenging to contest racially motivated stops.

Real-World Impact and Examples

1. Pretextual Stops and Minor Violations
   • Common Reasons for Stops: Black motorists are frequently stopped for minor violations like improper lane changes, failure to signal, or even having an air freshener hanging from the rearview mirror.
   • Chicago Example: Chicago Police Department often uses license plate light violations as a pretext for stops, leading to further searches and harassment.
2. Case of Sandra Bland
   • Incident Overview: Sandra Bland was pulled over for failure to signal, which escalated into a confrontation where she was threatened with a taser and arrested. She was later found dead in her jail cell.
   • Connection to Whren: Bland’s case exemplifies how minor traffic stops can lead to severe and deadly outcomes for Black individuals, a direct consequence of the Whren decision.

Broader Implications

1. Increased Contact with Law Enforcement
   • Harassment and Excessive Force: Pretextual stops increase Black people’s interactions with law enforcement, often leading to harassment, excessive force, and fatalities.
   • Legal and Social Ramifications: The normalization of racial profiling perpetuates systemic racism and undermines trust in the justice system.
2. Personal Reflection and Call to Action
   • Sharing Experiences: Encourage readers to reflect on their experiences with racial profiling and consider the broader societal impact.
   • Legal Reform and Advocacy: Highlight the need for legal reforms and continued advocacy against racial profiling and police misconduct.

Conclusion

• Final Thoughts: “The Whren decision has had a profound impact on the lives of Black Americans, legitimizing racial profiling under the guise of minor traffic violations.”
• Call to Action: Share your experiences and thoughts on racial profiling. Advocate for justice and systemic change to protect marginalized communities from discriminatory policing practices.
• Encouragement: Understanding the historical and legal context of these issues is crucial in the fight for equality and justice. Your voice and actions can contribute to meaningful change.