Published by CQ Press, an Imprint of SAGE Publications, Inc. www.cqresearcher.com Racial Profiling Are minorities unfairly targeted by police?

ivil liberties and minority groups are pressuring police departments to eliminate racial and ethnic profiling in pedestrian and traffic stops, while police C groups and some experts insist the complaints about the practice are exaggerated. African-Americans have long complained of traffic stops seemingly for “driving while black,” and many — including President Obama and Oprah Winfrey — said recently they have felt profiled by store clerks for “shopping while black.” Hispanics and Muslims also feel singled out as suspected Jovan Washington, Louis Estrada and Cecil Boyce immigration violators or terrorists. Two big law enforcement agen - say racial profiling by police makes innocent activities such as hanging out and playing basketball in cies — the New York City Police Department and the Maricopa New Haven, Conn., difficult for blacks and Hispanics. Washington, at left, says police have targeted the group for no apparent reason. “They just assume County Sheriff’s Office , which covers Phoenix — are under court that we are up to no good,” he said. order to eliminate the practice. In New York, Mayor-elect Bill de I Blasio is expected to change the NYPD’s aggressive stop-and-frisk THIS REPORT N THE ISSUES ...... 1007 policies after he takes office on Jan. 1. S BACKGROUND ...... 1013 I CHRONOLOGY ...... 1015 D CURRENT SITUATION ...... 1020 E CQ Researcher • Nov. 22, 2013 • www.cqresearcher.com AT ISSUE ...... 1021 Volume 23, Number 42 • Pages 1005-1028 OUTLOOK ...... 1023 RECIPIENT OF SOCIETY OF PROFESSIONAL JOURNALISTS AWARD FOR BIBLIOGRAPHY ...... 1026 EXCELLENCE N AMERICAN BAR ASSOCIATION SILVER GAVEL AWARD THE NEXT STEP ...... 1027 RACIAL PROFILING

Nov. 22, 2013 THE ISSUES SIDEBARS AND GRAPHICS Volume 23, Number 42

• Are racial and ethnic pro - Majority of States Address MANAGING EDITOR: Thomas J. Billitteri 1007 filing prevalent in U.S. law 1008 Racial Profiling [email protected] enforcement today? Some 30 states have laws on ASSISTANT MANAGING EDITOR: Kathy Koch , • Do aggressive stop-and- frisk the issue. [email protected] tactics help reduce crime? Most Police Stops Viewed SENIOR CONTRIBUTING EDITOR: • Should courts take a leading 1009 Thomas J. Colin as Legitimate [email protected] role in combating police racial But minority drivers more and ethnic profiling? likely to be ticketed. CONTRIBUTING WRITERS: Marcia Clemmitt, Sarah Glazer, Kenneth Jost, Peter Katel , Blacks, Hispanics More Reed Karaim, Barbara Mantel, Tom Price, BACKGROUND 1012 Likely to Be Stopped Jennifer Weeks More than half of N.Y. police SENIOR PROJECT EDITOR: Olu B. Davis 1013 A ‘Difficult’ History stops involved African- Bias-based policing dates back Americans. FACT CHECKERS: Michelle Harris, to the revolutionary era and Nancie Majkowski increased over time. Chronology 1015 Key events since 1968. An ‘Indefensible’ Practice 1014 The civil rights movement led Profiling Seen in ‘Shopping to demands for equal treat - 1016 While Black’ Incidents ment for minorities. “It’s disappointing that it still happens today.” An Imprint of SAGE Publications, Inc. ‘Deliberate Indifference’? 1018 VICE PRESIDENT AND EDITORIAL DIRECTOR, New York City police came Muslims Challenge HIGHER EDUCATION GROUP: under intense scrutiny after 1018 ‘Religious Profiling’ Michele Sordi the shooting death of a “We should not be singled out Guinean immigrant. simply because of religion.” EXECUTIVE DIRECTOR, ONLINE LIBRARY AND REFERENCE PUBLISHING: Todd Baldwin At Issue: CURRENT SITUATION 1021 Is racial profiling by police a serious problem in the United Copyright © 2013 CQ Press, an Imprint of SAGE Pub - Patterns and Practices States? lications, Inc. SAGE reserves all copyright and other 1020 Cities nationwide are watching rights herein, unless pre vi ous ly spec i fied in writing. for racial profiling. No part of this publication may be reproduced FOR FURTHER RESEARCH electronically or otherwise, without prior written NYPD Changes? permission. Un au tho rized re pro duc tion or trans mis- 1022 The city’s stop-and-frisk case For More Information sion of SAGE copy right ed material is a violation of is up in the air after the 1025 Organizations to contact. federal law car ry ing civil fines of up to $100,000. election of a new mayor. Bibliography CQ Press is a registered trademark of Congressional 1026 Selected sources used. Quarterly Inc. OUTLOOK CQ Researcher (ISSN 1056-2036) is printed on acid- 1027 The Next Step free paper. Pub lished weekly, except: (March wk. 5) Mean Streets Additional articles . (May wk. 4) (July wk. 1) (Aug. wks. 3, 4) (Nov. wk. 1023 Many police chiefs are trying 4) and (Dec. wks. 3, 4). Published by SAGE Publica - Citing CQ Researcher to combat racial profiling. 1027 tions, Inc., 2455 Teller Rd., Thousand Oaks, CA 91320. Sample bibliography formats. Annual full-service subscriptions start at $1,054. For pricing, call 1-800-818-7243. To purchase a CQ Re - searcher report in print or electronic format (PDF), visit www.cqpress.com or call 866-427-7737. Single reports start at $15. Bulk purchase discounts and electronic-rights licensing are also available. Periodicals postage paid at Thousand Oaks, California, and at additional mailing offices . POST MAST ER: Send ad dress chang es to CQ Re search er , 2300 N St., N.W., Suite 800, Wash ing ton, DC 20037. Cover: Getty Images/ The Christian Science Monitor /Ann Hermes

1006 CQ Researcher Racial Profiling BY KENNETH JOST

police for violating Supreme THE ISSUES Court guidelines under the Fourth Amendment on when wice within less than such stops are allowed. a year, David Floyd Scheindlin emphasized that T was stopped and nearly 90 percent of the per - frisked by New York City po - sons stopped were neither lice officers while on his way arrested nor given summons - home — once while walking es. The veteran, Democratic- on the street and once while appointed judge named Peter fumbling with keys at the front Zimroth, a prominent New door to his building. Officers York lawyer and a former top found no weapons or con - counsel to the city, to serve traband and filed no charges as an “independent monitor” in either incident, the first in to oversee, with community n a

April 2007 and the second in i input, reform of the use of z

e 2

February 2008. s the tactic. n a Five years after the sec - j Two-and-a-half months D

k

ond incident, however, Floyd, r later, however, a federal ap - o an African-American now 33 v e peals court panel put a hold K years old, was still seething. / on Scheindlin’s order at the s e

“The whole experience, it’s g city’s request and — in an a m humiliating, it’s embarrassing,” I extraordinary action — re -

y t

Floyd told a reporter for t moved her from the case. On e

Colorlines , a New York City- G Oct. 31, a panel of the Sec - based online magazine on Demonstrators in Los Angeles on July 16, 2013, protest ond U.S. Circuit Court of Ap - the acquittal of white neighborhood watch volunteer race issues. “It doesn’t matter George Zimmerman in the shooting death of Trayvon peals in New York City said what kind of person you are, Martin, an unarmed black Florida 17-year-old. The Scheindlin had violated judi - how tough you are. It’s a scary verdict touched off a nationwide debate on racial cial ethics by steering the thing because you don’t know profiling, which minority groups say is widespread. Floyd case to her court and what’s going to happen with Two major court cases target the New York Police by giving interviews to jour - Department’s stop-and-frisk policy and Arizona Sheriff your life, you don’t know Joe Arpaio’s controversial immigration-related profiling. nalists while the case was be - what’s going to happen with fore her. The appeals court’s your freedom.” 1 stay was to remain in effect Floyd, now a medical student in Bloomberg and Kelly credit the city’s until after the appeal is heard, some - Havana, Cuba, made the comments declining crime rate under their watch time after mid-March. 3 in late March after testifying as the to a sevenfold increase in the number Scheindlin’s ruling represents the lead plaintiff in a major class action of police stops of pedestrians during most dramatic court decision on an against the New York City Police De - Bloomberg’s tenure, especially in high- issue that has simmered and occasionally partment (NYPD). The suit, Floyd v. crime, predominantly African-American boiled over since the 1990s. 4 African- City of New York , charges the NYPD, and Hispanic neighborhoods. In a block - Americans have long complained of the nation’s l argest police force, with buster decision, however, U.S. District what they regard as unwarranted traf - using racial profiling as part of an ag - Judge Shira Scheindlin ruled on Aug. 12 fic and pedestrian stops by police, gressive stop-and-frisk policy main - that such stop-and-frisk tactics violated seemingly prompted by nothing other tained for 10 years under Mayor the constitutional rights of minorities in than their race. More recently, His - Michael Bloomberg and Police Com - New York City. panics and people of Arab or South missioner Raymond W. Kelly . * Scheindlin called the disproportion - Asian backgrounds have registered sim - ate number of blacks and Hispanics ilar complaints about being targeted * The widely used term “racial profiling” in this stopped by police “indirect racial pro - by police because of their ethnicity as report encompasses the targeting of an individual filing” that violates the Constitution’s suspected immigration violators or as based on either race or ethnicity. Equal Protection Clause and faulted terrorists .

www.cqresearcher.com Nov. 22, 2013 1007 RACIAL PROFILING

profiling case in Arizona against Sheriff Majority of States Address Racial Profiling Joe Arpaio, the controversial head of At least 30 states have passed laws addressing racial profiling, the chief law enforcement agency in Maricopa County, which includes according to the National Conference of State Legislatures. The laws Phoenix. U.S. District Judge Murray Snow vary widely. About half explicitly prohibit profiling. Others require ordered an array of reforms on Oct. 2, law enforcement agencies to compile data on the race and ethnicity including expanded use of video cam - of drivers and pedestrians stopped by police and to develop policies eras in police stops, after having found and train officers on how to avoid profiling. the sheriff’s office guilty in late May of discriminatory targeting of Latinos with - States with Racial Profiling Laws out adequate cause. Arpaio has re - peatedly denied the allegations . 6 Wash. Mont. N.D. N.H. Minn. Vt. Likewise, Bloomberg and Kelly stout - Maine ly deny improper racial profiling by S.D. Wis. Ore. Idaho Wyo. Mich. N.Y. Mass. the NYPD, even while acknowledging Iowa Neb. R.I. the evidence plaintiffs cited from the Pa. Ill. Ind. Ohio Conn. Nev. Utah department’s own detailed record-keep - Colo. Kan. Mo. W.Va. N.J. Ky. Va. ing. Of 4.4 million stops logged from Calif. Del. Tenn. 2004 to 2012, 53 percent involved Okla. N.C. Ariz. Ark. Md. African-Americans and 32 percent His - N.M. S.C. D.C. Miss. Ala. Ga. panics. The city’s overall population is Texas La. only 26 percent African-American and Fla. Alaska 29 percent Hispanic. Bloomberg and Kelly say the stops With laws reflect the demographics of criminal Hawaii Without laws offenders. “It’s not a disproportionate percentage of those who witnesses Sources: National Conference of State Legislatures, from unpublished compilation and victims describe as committing the provided on request; Alejandro del Carmen, Racial Profiling in America (2008) murders,” Bloomberg contended in his weekly program on radio station WOR Racial profiling is not only unfair Today, minority-rights groups say in late June. 7 to the individuals stopped but also un - racial profiling by police is widespread Heather Mac Donald, a senior fellow healthy for police-community rela - in the United States. “Absolutely,” says at the conservative Manhattan Institute tions, experts say. “If the people you Hilary Shelton, director of the Washing - think tank who has followed the racial serve think you are going about it il - ton office of the NAACP, the century- profiling controversy for more than a legitimately, then there are going to old civil rights organization. “We still decade, agrees the city is concentrating be problems,” says Jim Bueermann, get reports from our folks who say police resources where it should. “Given president of the Police Foundation, a they cannot find any good reason why the racial distribution of crime, any po - Washington-based think tank, and a they were stopped.” lice department, at least in an urban en - former police chief in Redlands, Calif. Profiling of Latinos also has become vironment, that is targeting crime is Anecdotal and statistical evidence in - “quite extensive,” according to Thomas going to produce racially dispropor - dicating that police disproportionately Saenz, president of the Mexican Amer - tionate activity,” she says. “But that is stop and ticket African-American mo - ican Legal Defense and Educational not the same as racial profiling. ” 8 torists compared to white drivers helped Fund (MALDEF), especially now that Nationally, experts who have stud - popularize the cynical phrase “driving police in some jurisdictions have been ied the issue from different perspec - while black.” More substantively, that asked to engage in immigration en - tives agree that racial profiling is dif - evidence has figured in court cases forcement. 5 “They are forced to rely ficult to measure and the extent of the and legislation requiring law enforce - on stereotypes,” Saenz explains, “and practice unknown. “There’s a lot of ment agencies to collect racial and stereotypes in immigration particular - noise, but not a lot of proof that peo - ethnic data on traffic stops to identi - ly rest on ethnicity and race.” ple are actually being profiled,” says fy possible racial profiling. ( See map, Immigration-related enforcement is Brian Withrow, a professor of crimi - above. ) at the heart of a second closely watched nal justice at Texas State University in

1008 CQ Researcher San Marcos who was a Texas state trooper from 1981 to 1993. Most Police Stops Viewed as Legitimate “I don’t think anybody knows the Police stopped about 31 million drivers or pedestrians in the U.S. in answer to that particular question,” says 2011, according to a triennial Justice Department survey. Most of Bueermann with the Police Foundation. those stopped said police had legitimate grounds and behaved “Some people believe it’s prevalent,” he says. “Others will tell you that it’s not.” properly during the encounter. Black and Hispanic drivers, however, “It’s a very difficult question to an - were less likely than white drivers to view the stop as legitimate and swer,” says David Harris, a professor at more likely to be ticketed. The survey found no statistical difference the University of Pittsburgh Law School in the race or ethnicity of pedestrians in street stops. and a leading critic of racial profiling since the late 1990s. “It certainly exists. Percentage of Stopped Drivers by Race, Ethnicity, 2011 . . . In some departments it may have a large role; in some, less so; in some, not at all.” ( See “At Issue,” p. 1021. ) 83.6% Public concern about the issue is also 73.6% hard to measure. In a recent report, the 67.5% Department of Justice found that most White people subjected to traffic or pedestri - Hispanic an stops in 2011 believed the stops were Black legitimate and police acted properly. But African-Americans and Hispanics were somewhat more likely to disagree and were somewhat more likely to be tick - eted after traffic stops than white dri - 4.8% 6.2% vers. 9 (See graphs, right. ) 7.0% Lawyers from the Center for Consti - Who felt the stop was tutional Rights, a New York-based pub - legitimate and police lic interest law firm that represents the behaved properly Who were ticketed plaintiffs in the New York City case, hailed Scheindlin’s ruling. “The NYPD is finally being held to account for its Source: Lynn Langton and Matthew Durose, “Police Behavior During Traffic and longstanding illegal and discriminatory Street Stops, 2011,” Bureau of Justice Statistics, Department of Justice, September 2013 , policing practices,” Darius Charney, a www.bjs.gov/content/pub/pdf/pbtss11.pdf senior staff attorney with the center, said. “The city must now stop denying Scheindlin stressed that she was not the Second Circuit, where an appeals the problem and partner with the com - prohibiting use of stop-and-frisk alto - panel heard arguments on Oct. 29 and munity to create a police department gether. Beyond ordering the appoint - issued the stay two days later. 11 that protects the safety and respects the ment of a monitor, she instructed the Meanwhile, the impact of stop-and- rights of all New Yorkers.” department only to institute a pilot frisk on crime in New York emerged Appearing together on the day of the project equipping officers in one as an issue in the race to succeed ruling, Bloomberg and Kelly defended precinct in each of the city’s five bor - Bloomberg, an Independent who was the department’s practices as lawful oughs with body-worn video cameras barred by term limits from seeking re- and effective. “Our crime strategies and to record stops and arrests. election. His policies were criticized by tools — including Stop-Question- Frisk Bloomberg nevertheless warned that several candidates in the Democratic — have made New York City the safest the judge’s order threatens public safe - primary on Sept. 11, including the even - big city in America,” Bloomberg de - ty in New York, promised to appeal tual winner, Bill de Blasio, the city’s clared. Kelly labeled the racial-profiling and instructed the city’s lawyers to public advocate. De Blasio was elect - fi nding “recklessly untrue. We do not seek to delay the order pending an ed mayor by a landslide on Nov. 5. engage in racial profiling,” Kelly con - appeal. Scheindlin on Sept. 17 reject - As de Blasio prepares to take of - tinued. “It is prohibited by law. It is ed the city’s motion for a stay. The fice and police and law enforcement prohibited by our own regulations. ” 10 city’s lawyers then sought a stay in experts around the country watch

www.cqresearcher.com Nov. 22, 2013 1009 RACIAL PROFILING

dev elopments in New York and Arizona, berth’s finding of apparent racial pro - they use as a benchmark all drivers here are some of the major questions filing by state troopers on the New instead of drivers committing traffic of - being debated: Jersey Turnpike in throwing out evi - fenses. “It’s absurd to look at who’s dence in drug cases against a group being stopped without looking at who’s Are racial and ethnic profiling of 17 African-American defendants. speeding,” she says. In a like vein, she prevalent in U.S. law enforcement Three years later, the New Jersey at - says Fagan’s study fails to account for today? torney general’s office acknowledged the fact that blacks and Hispanics com - As executive director of a commu - that the state police had maintained a mit a larger percentage of crimes in nity organization in the predominant - practice of targeting black motorists as New York than whites. In fact, she ly black Northside neighborhood of suspected drug violators. says, “Whites commit just 1 percent of Kalamazoo, Mich., Mattie Jordan-Woods Lamberth had produced a similar the shootings but they’re 9 percent of helps people fill out complaints study in Maryland that a black lawyer, the stops.” against the city’s police force about Robert Wilkins, relied on in a civil suit Researchers agree that census data racial profiling. She herself feels she against the state police after he was — commonly used for comparisons in has been stopped because of her race stopped without any charges being news coverage — should not be used several times in the past. Now, Kala - brought. * In settling the suit, the state as a benchmark to compare police stops mazoo officials and the city’s African- paid Wilkins and his family $50,000 by race. “It’s free, easy and it’s the low - American community have evidence in damages and, more important, agreed est common denominator,” says Geof - on the issue. to compile racial data on traffic stops frey Alpert, a professor of criminal jus - A statistical study, released in Sep - and to change training and policies in tice at the University of South Carolina tember, shows that black motorists were order to prevent racial profiling. 13 in Columbia. “And it’s not worth its twice as likely as white drivers to be In the New York City case, Judge weight in anything in major cities and stopped by Kalamazoo officers at 11 Scheindlin relied on a comparable sta - complex environments.” intersections studied over a 12-month tistical study by Jeffrey Fagan, a pro - Creating the right baseline — for period ending in February 2013. The fessor of criminal justice at Columbia example, for traffic studies — can be study, conducted by John Lamberth, a Law School, which found police stops “very difficult,” Alpert explains. “We pioneer of racial profiling research, also are “significantly more frequent” for blacks know who they pull over, we know shows that black motorists were more and Hispanics than for whites. In addi - to whom they give tickets, we know likely to be searched after having been tion, Fagan found that police were more how long they keep them, but the stopped, but that white drivers were likely to use force against blacks and problem is we don’t know who the more likely to be found with contra - Hispanics than against whites. Experts average driver is,” he says. Alpert over - band. 12 retained by the city disputed Fagan’s saw a study in Florida’s Miami-Dade In submitting the report, Lamberth findings, but Scheindlin said Fagan’s ev - County that found what he termed praised city leaders for requesting the idence was “more reliable.” 14 “adverse results” at two of the eight study and promising to act on its find - Lamberth and Fagan both took pains intersections covered. ings. “The leadership of KPDS [Kala - to make the studies statistically valid, “Benchmarks are notoriously inac - mazoo Department of Public Safety] but Mac Donald, the racial profiling curate and unreliable,” says Withrow, and the City of Kalamazoo has made skeptic at the Manhattan Institute, finds the Texas State University professor. it clear to us that targeting of Black the studies generally worthless. “The As another methodological problem, motorists is unacceptable and must cost of these studies is completely a he notes that it is unclear how often change,” Lamberth wrote. Jordan-Woods total waste of money,” she says. police know the race of a driver be - said she had “high hopes” but stressed Mac Donald — who had not seen fore making a stop. that “systematic” changes were need - the Kalamazoo study — faults traffic In their studies, both Lamberth and ed. “It’s going to take long term,” she studies in general on the ground that Fagan dealt with the benchmark issue. told the Kalamazoo Gazette. Lamberth reasoned that virtually all dri - Lamberth, a social psychologist and vers are so likely to be committing some * Wilkins is currently a federal district court judge former professor and chairman of the traffic violation as to give police broad in Washington, D.C.; President Obama nominat - Department of Psychology at Temple ed him for the U.S. Court of Appeals for the discretion in determining what cars to University in Philadelphia, conducted District of Columbia Circuit, but the Senate on stop. In his report, Fagan said he found path-breaking studies on racial profil - Nov. 18 blocked his confirmation by failing — on a racial disparity after controlling for ing in two court cases in the 1990s. a 53-38 vote, short of the 60 votes required — crime, the concentration of police and In New Jersey, a judge relied on Lam - to close debate on the nomination. local social conditions.

1010 CQ Researcher Alejandro del Carmen, chair of the suspicious behavior before it rises to merous perspectives, most of which Department of Criminology and Crimi - the level of a felony crime.” have nothing to do with police prac - nal Justice at the University of Texas at Overlooked in the claims is the fact tices — for instance, the economy.” Arlington and a frequent instructor at that New York City’s crime rate began “New York City is not the only city police academies in Texas, says aggre - declining in the early 1990s — a decade that has had a healthy drop in crime,” gate studies are useful but fail to iden - before Bloomberg and Kelly took of - says Harris, the racial-profiling critic. tify individual officers who engage in fice. The number of murders per year, “Other cities have done pretty well, and racial profiling. Overall, he believes racial for example, peaked at 2,605 in 1990 they have not made stop-and-frisk such profiling exists but is exaggerated. and had declined by nearly two-thirds an aggressive part of what they’re doing.” “Racial profiling as a whole doesn’t before Bloomberg took office. More - Critics of the NYPD tactics also em - have the prevalence that the media would over, the crime rate nationwide has phasize that the vast majority of stops lead the public to believe, but it hap - been falling sharply since the 1990s. resulted in no arrests or summonses. pens more often than the folks on the The FBI’s “Uniform Crime Reports” show In its compilation, the New York Civil other spectrum say,” del Carmen says. that the murder rate has fallen by half Liberties Union said the percentage of “Racism continues to be a problem in the law enforcement community.”

Do aggressive stop-and-frisk tactics help reduce crime? New York City police officers logged 97,296 stops in 2002, Bloomberg’s first year as mayor and Kelly’s first year as police commissioner. A decade later, in 2011, the number of stops peaked at 685,724 — a sevenfold increase. And all the while the city’s overall crime

rate and individual rates for murder n o t r

and other crimes were falling. The mur - u B der rate, for example, fell from 4.8 to w e 3.9 per 100,000 inhabitants — a de - r d n

cline in absolute numbers from 909 in A / s

2002 to 769 in 2011, even as the city’s e g population rose. 15 a m I

To Bloomberg and Kelly, the statis - y t t tics prove the success of a law en - e G forcement strategy that included increased New York City Mayor Michael Bloomberg, left, and Police Commissioner police stops as a significant component. Raymond W. Kelly defend the city’s aggressive stop-and-frisk policy, which they “There is just no question that Stop- say has helped keep the city’s crime rate down. They were responding to a blockbuster ruling on Aug. 12 by U.S. District Judge Shira Scheindlin Question-Frisk has saved countless lives,” that the policy violated the constitutional rights of minorities. An appeals court Bloomberg said on the day of Scheindlin’s later removed Scheindlin from the case and put a temporary hold decision in the stop-and-frisk case. “And on her ruling, pending an appeal. we know that most of the lives saved, based on the statistics, have been black since 1993 — from 9.5 to 4.7 per 100,000 “completely innocent” persons who and Hispanic young men.” 16 inhabitants. 17 were stopped — meaning no arrest Mac Donald, the Manhattan Insti - Criminologists generally play down or summons ensued — had risen from tute fellow, agrees. She says stepped- the potential impact of specific police 82 percent in 2002 to as high as 90 per - up on-the-street enforcement has had tactics on the overall crime rate. “I’m cent in 2006. An analysis of 150,000 stop- “a remarkable effect,” contributing to not certain that a specific program has and-frisk arrests between 2009 and 2012 a steep decline in the state’s total prison that much of a benefit to the overall by the New York attorney general’s of - population. “Felony crime is so far down reduction of crime in New York City,” fice shows that only half resulted in con - in New York City,” Mac Donald says, says del Carmen, the University of Texas victions and only one-fourth of the total “because they are able to intervene in professor. “Crime is affected by nu - resulted in any prison time. 18

www.cqresearcher.com Nov. 22, 2013 1011 RACIAL PROFILING

plained of racial profiling after being Blacks, Hispanics More Likely to Be Stopped stopped while driving with his family Of the approximately 1.6 million pedestrians stopped and questioned in western Maryland, he filed a civil by New York City police officers during the period 2010-2012, more suit against the state police, the first case in which evidence was present - than half were African-American and nearly one in three were ed that showed police were targeting Hispanic. The statistics were compiled on behalf of the plaintiffs in African-Americans. In settling the suit the federal lawsuit Floyd v. City of New York . in 1995, the state agreed to prohibit racial profiling, institute training to com - Ra ce o r Et hn ic it y of P er sons Stopped bat the practice and file racial data on by N YP D, 2 01 0- 20 12 stops with a federal magistrate to help monitor compliance. 20 African-Americans Four years later, the New Jersey at - Hispanics torney general’s office sought to de - Whites flect a U.S. Justice Department inves - Other/unknown tigation of racial profiling by the state police with a package of similar re - Source: “Second Supplemental Report of Jeffrey forms. Besides data collection, the new Fagan, Ph.D.,” Floyd v. City of New York , p. 11, procedures also required a trooper to http://ccrjustice.org/files/FaganSecondSupplemental inform a dispatcher of the reason for Report.pdf. Data for 2012 cover period only through June. a stop before interrogating any driver or passengers. The changes, still in The Supreme Court established pear to have gone too far. “They pushed place, were not enough, however, to guidelines for police stops in a 1968 the envelope too far as to what a Terry forestall a Justice Department suit and decision, Terry v. Ohio. 19 Under Terry , stop is supposed to do,” Withrow says. eventual federal court settlement that police can stop an individual if an of - Alpert sees evidence of unwarranted included ongoing monitoring of the ficer has a “reasonable suspicion” the racial profiling. “It sure seems over - state police. 21 individual is committing or is about to whelming that they stop people of In contrast to those cases, New York commit a crime. Police can conduct a color, and they don’t get hits,” he says. City officials have been fighting tooth- limited pat-down for weapons based Maclin and others also warn that and -nail against the racial profiling alle - on a “reasonable belief” that the indi - over-enforcement alienates people in gations that are part of the broad attack vidual may be armed and dangerous. the community and reduces their will - on the NYPD’s stop-and-frisk tactics. In both cases, the officer’s belief must ingness to cooperate with police. “You’re On the day of Scheindlin’s decision, be based on “specific and articulable going to scoop a lot of innocent peo - Mayor Bloomberg complained that facts,” not an officer’s hunch. “A focus ple that you may need down the road the judge “wants to put the NYPD on a person’s race or ethnicity does to get information,” Maclin says. into receivership based on the flim - not satisfy that standard,” says Tracey Shelton, with the NAACP, agrees. “They siest of evidence in a handful of cases. Maclin, a law professor at Boston Uni - are misusing resources when they use . . . No federal judge has ever im - versity who has written briefs on Fourth them so blanketly,” Shelton says. “You end posed a monitor over a city’s police Amendment issues for the American up losing a lot of your effectiveness.” department following a civil trial,” Civil Liberties Union (ACLU). Mac Donald dismisses that concern. Bloomberg said. Moreover, he noted, In his report, Fagan estimated that People in high-crime neighborhoods the Justice Department — under Presi - 6 percent of the stops were unjusti - want more, not less, police presence, dents Clinton, George W. Bush and fied under the Terry standard. The most she says. “Police should be fighting Obama — had “never, not once, found frequent basis for stops listed in the crime,” she says. “The most important reason to investigate the NYPD.” 22 officers’ reports was “furtive move - thing is to bring safety to law-abiding Bloomberg’s criticism understates ments.” In her decision, Scheindlin said residents of poor neighborhoods.” the role played by the courts in com - Fagan underestimated the number of bating racial profiling. The Justice unjustified stops. Should courts take a leading Department suit against New Jersey Both South Carolina professor Alpert role in combating police racial was one of several brought during and former Texas state trooper With - and ethnic profiling? the Clinton administration and served row say New York City officers ap - When lawyer Robert Wilkins com - as the template for more than half a

1012 CQ Researcher

dozen suits or investigations initiated under President Obama . 23 Most Victims, Arrestees Are Minorities Racial profiling critics say the courts’ African-Americans and Hispanics were victims in nearly 90 percent role in combating the practice is use - ful and necessary. “That’s what courts of the murders or non-negligent manslaughters in New York City in are set out to do, to determine whether 2012, according to the NYPD. police are acting within constitutional bounds,” says Dennis Parker, director Murder Victims and Arrestees in New York City, of the ACLU’s Racial Justice Program. by Race, Ethnicity, 2012 Withrow and del Carmen — law pro - fessors who have studied and work Victims Arrestees with police on race-related issues — both agree. “Courts have the obligation and the moral and legal duty to inter - vene and to dissect, analyze and re - spond to concerns that the communi - ty may have with respect to racial profiling,” says del Carmen, the Uni - versity of Texas professor. “In some cases it’s necessary,” says Withrow, the Texas State professor and African-American former state trooper. “In New Jersey, Hispanic White they had had a massive consent de - Asian cree for 10 years — quite onerous — but that department had gotten into Source: “Crime and Enforcement Activity in New York, Jan. 1-Dec. 31, 2012,” New the position where practices were York Police Department, www.nyc.gov/html/nypd/downloads/pdf/analysis_and_ ingrained to the very bowels of the planning/2012_year_end_enforcement_report.pdf department.” Mac Donald — who criticized the crimination,” says MALDEF president New Jersey settlement in her book Are Saenz. “It’s important to have admin - Cops Racist? — also criticizes Schleindin’s istrative processes short of going to BACKGROUND decision in the New York City case. “A court,” he says, including an adequate monitor is unnecessary,” she says. “If opportunity to file complaints. the monitor adopts Scheindlin’s method - Harris, the University of Pittsburgh A ‘Difficult’ History ology for racial profiling, it’s going to professor, says police react negatively to signal the end of New York’s record- court supervision. “It’s perceived as a he term “racial profiling” is of re - breaking crime drop.” judge who knows nothing, who’s never T cent coinage, but bias-based polic - She also calls the appointment of done anything on the street, telling a ing in the United States dates as far a monitor a “tragic waste of resources” police department what to do,” he says. back as the revolutionary era with the and sees body-worn video cameras “What I would like to see is the religious profiling of Quakers seen as as a waste. “I’m just not certain they change coming primarily from law en - disloyal to the cause of independence. would resolve the issues that are al - forcement itself, from mayors and city African-Americans have been subject legedly at stake here,” she says of the governments, from state legislatures,” to racial profiling from the days of cameras. Harris continues. “They are best posi - slavery through the so-called Jim Crow Even while supporting the courts’ tioned to know what’s going on on era and up to modern times. Mexi - role on the issues, some racial profil - the ground around them. They are in cans and other Latinos have been sin - ing critics say remedies may be more the best position to make changes that gled out for rough treatment by law effective if crafted by law enforcement are likely to be accepted in the de - enforcement since the time of Texas’ agencies themselves. “Courts have an partments affected. That’s where re - independence. And immigration laws important role to play, but they can - form would be best hatched. And dating from the late 19th century amount - not be the sole enforcer of constitu - many police departments do things ed to racial or ethnic profiling against, tional obligations to avoid racial dis - like that.” among others, Asians and southern

www.cqresearcher.com Nov. 22, 2013 1013 RACIAL PROFILING

and eastern Europeans. “It’s a very dif - were also the victims of ethnic profil - United States (1944), upholding the ac - ficult history,” says del Carmen, the ing from the time of Texas’ indepen - tion as disgraceful. University of Texas professor. 24 dence from Mexico and its subsequent Still, the court’s decision in Kore - The Continental Congress ordered annexation by the United States. The matsu established the principle that the arrest and imprisonment of dozens Texas Rangers, founded in 1845 and race-based restrictions in the law are of Pennsylvania Quakers suspected of the nation’s first statewide police or - “immediately suspect.” Courts “must sub - disloyalty to the revolutionary cause in ganization, was known, according to ject [such restrictions] to the most rigid August 1777, according to an account the University of Texas’ del Carmen, scrutiny,” Justice Hugo L. Black wrote by Emory University law professor Mor - for “brutal acts against Comanche for the 6-3 majority. “Pressing necessi - gan Cloud . 25 No evidence was offered, tribes and thousands of Mexicans.” 27 ty may sometimes justify the existence no hearings were held and some of Mexican-Americans in Texas and the of such restrictions,” he continued. “Racial those arrested were exiled to imprison - Southwest were subjected to the same antagonism never can .” 28 That princi - ment in Virginia. The captives were re - kind of residential and educational ple laid the basis for courts, legisla - leased by April 1778, in part, Cloud says, segregation as African-Americans else - tures and law enforcement agencies because of objections to the procedures where. And in the 1930s as many as later in the 20th century to give greater not only from their families but also from 2 million people of Mexican descent scrutiny to racial and ethnic profiling. some political leaders. were forced or pressured to leave the African-Americans comprised around United States. one-sixth of the country’s population in Federal immigration laws dating An ‘Indefensible’ Practice the pre-Civil War era, the vast majority from the late 19th century reflected of them held in slavery, mainly but not ethnic profiling at the national level. acial and ethnic profiling emerged exclusively in the South. Those who es - The first of the laws, passed in 1875, R as an important issue late in the caped — “runaway” slaves, as they were barred entry to “undesirables,” who 20 th century because of a confluence of called — could be captured by private included Asians brought to the Unit - factors. The civil rights revolution em - slave hunters under the Fugitive Slave ed States for forced labor or prosti - bodied the demand of African-Americans Act, a 1793 law (strengthened in 1850) tution. Seven years later, the Chinese for equal treatment under the law, in - that offered few procedural protections. Exclusion Act prohibited all immigra - cluding by police. The rapid increase Free blacks had no immunity from cap - tion of Chinese laborers. In the en - in the Latino population, especially from ture, as dramatized in the new movie suing decades immigration officers the 1980s, prompted analogous de - “12 Years a Slave”; courts generally rec - enforced admission requirements, such mands from Latino advocacy groups to ognized a presumption that a black per - as literacy tests, in ways that favored eliminate discriminatory treatment. And son was a slave. northern and western Europeans, del the criminal law revolution wrought by The end of slavery merely trans - Carmen explains. The quota system the Supreme Court under Chief Justice formed the legally and socially en - enacted in the 1920s wrote those pref - Earl Warren subjected local and state forced profiling of African-Americans. erences into law. law enforcement to greater scrutiny to The racial segregation laws of the Jim The most notorious episode of eth - comply with constitutional norms. Mean - Crow era reflected the prevailing as - nic profiling occurred during World while, public concern about crime and, sumption that blacks were different War II with the internment of more in particular, about illegal drugs led po - from — and inferior to — whites. than an estimated 110,000 persons of lice and law enforcement agencies to African-Americans suspected or accused Japanese descent, most of them U.S. adopt tactics often disproportionately of committing crimes could be sub - citizens. President Franklin D. Roosevelt aimed at African-Americans and Lati - jected to abusive treatment by police or authorized the internment in an ex - nos — sometimes consciously. 29 sheriffs’ officers and to patently unjust ecutive order issued on Feb. 19, 1942, The Warren Court’s major criminal proceedings in court. Worse was the two-and-a-half months after Japan at - law decisions — such as the Miranda threat of racially profiled vigilante jus - tacked Pearl Harbor, based on warn - ruling on police interrogation guide - tice: More than 3,400 African-Americans ings from the military that the Japan - lines — benefited white and minority were lynched from the 1880s to 1950, ese represented a national security threat. suspects and defendants alike. Despite according to a compilation by the Today, those warnings are widely viewed criticism for supposedly “handcuffing” Tuskegee Institute, the historically black as unfounded, the internment in ram - police, the Warren Court also gave po - college in Tuskegee, Ala (renamed shackle concentration camps in re - lice an important tool in its 1968 Terry Tuskegee University in 1983). 26 mote areas as shameful and the decision upholding — with only one Mexicans and Mexican-Americans Supreme Court decision, Korematsu v. Continued on p. 1016

1014 CQ Researcher Chronology

acquitted. . . . N.J. attorney general 2009 1960s-1970s finds racial profiling by state Obama becomes first African- Civil rights movement targets troopers despite official policies American president (Jan. 20); Eric racial inequality; Supreme prohibiting it (April 20); Justice Holder becomes first black attorney Court forces changes in crimi - Department appoints monitor. . . . general. . . . African-American stud - nal justice systems. President Bill Clinton orders law ies scholar Henry Louis Gates Jr. enforcement agencies to compile arrested at his home in Cambridge, 1968 race, ethnicity data to guard Mass., by white police officer (July The National Advisory Commission against profiling (June 10). . . . 16); Obama later hosts “beer summit” on Civil Disorders (Kerner Com - New York attorney general finds between Gates and the arresting mission), charged with examining New York City police guilty of officer to soothe feelings. the causes of urban riots, urges racial profiling (Dec. 1). more sensitive, diverse police 2012 forces (Feb. 29). . . . Supreme Court • White community-watch volunteer approves limited “stop-and-frisk” au - George Zimmerman kills unarmed thority ( Terry v. Ohio , June 10). black teenager Trayvon Martin in 2000-Present Sanford, Fla., touching off a na - 1970s Racial profiling litigation in - tionwide debate on racial profiling FBI develops “profiles” of airplane creases; states pass laws ad - (Feb. 26); Zimmerman, charged hijackers, serial killers. dressing issue. with second-degree murder, is later acquitted. . . . Muslim plain - 1975, 1976 2001 tiffs file federal suit to halt NYPD Supreme Court limits use of race President George W. Bush promis - surveillance of mosques, Muslim or ethnicity in roving Border Patrol es to help end racial profiling neighborhoods (June 6); case, stops but allows it at border (Feb. 27). . . . Al Qaeda hijackers with two others, still pending. . . . checkpoints. attack United States (Sept. 11); Federal judge dismisses FBI suit Muslims, Arabs rounded up in over informant’s surveillance of • immigration sweeps, singled out in mosques in Southern California airport security checks, face wide - (Aug. 14). spread public suspicion. 1980s-1990s 2013 Racial profiling emerges as issue. 2003 Federal judge finds Maricopa County Bush administration bans racial, Sheriff Joe Arpaio guilty of ethnic 1989 ethnic profiling in all federal law profiling of Latinos (May 24); orders Supreme Court approves use of enforcement agencies, but allows appointment of monitor, other drug courier profiles (April 3). exception for national security- steps. . . . Scheindlin finds NYPD related investigations (June 17). . . . guilty of racial profiling, Fourth 1995 New York City settles racial profil - Amendment violations in stop-and- Maryland State Police agree to ing suit ( Daniels v. City of New York ) frisk policies; orders appointment of prohibit stops based on racial (Sept. 18); settlement approved by monitor, test of body-worn cameras drug courier profiles (Jan. 4). District Judge Shira Scheindlin (Aug. 12). . . . Federal appeals (Dec. 12). panel stays Scheindlin’s order; re - 1996 moves her from case (Oct. 31). . . . Supreme Court allows traffic stops 2008 Bill de Blasio, who opposes stop- even if real purpose is drug en - Center for Constitutional Rights and-frisk policies, elected New York forcement (June 10). files new stop-and-frisk suit against City mayor (Nov. 5). New York Police Department 1999 (NYPD) ( Floyd v. City of New 2014 N.Y. police officers kill Amadou York ), claiming violations of 2003 De Blasio to become New York Diallo, Guinean immigrant, (Feb. 4), settlement in the Daniels case City mayor (Jan. 1); new police triggering widespread protests, racial (Jan. 31); new suit is assigned to commissioner expected; changes in profiling suit; officers prosecuted, Scheindlin as “related” case. stop-and-frisk policies expected.

www.cqresearcher.com Nov. 22, 2013 1015 RACIAL PROFILING

Profiling Seen in ‘Shopping While Black’ Incidents “It’s disappointing that it still happens today.”

rayon Christian was excited after getting a paycheck from is planning to sue the company, according to her attorney. The his work-study job on April 29, because he could fi - actor Rob Brown, one of those who accused Macy’s of racial T nally afford the expensive designer belt he had his eye profiling in a mistaken arrest at the store in June, filed a class on at Barneys, the upscale Manhattan department store. action suit against the company in federal district court i n Man - Christian, 19, a student at New York City College of Tech - hattan on Nov. 13. Macy’s declined to comment directly on the nology, paid for the $349 Ferragamo belt with a debit card and suit, but said in a statement: “We do not tolerate discrimina - left the store headed down Madison Avenue. Less than a block tion of any kind, including racial profiling.” 4 later, however, two undercover New York City police detec - Brown filed a separate class action against the NYPD for tives stopped Christian and, according to a later lawsuit, ques - its part in the arrest even though police apologized for the tioned the purchase, handcuffed him and took him to the near - mistake afterward. by station house. Despite the denials, the New York attorney general’s office Christian, who is African-American, was released without initiated an investigation of the two incidents with a letter sent charges. But six months later he filed a civil rights suit against to Barneys on Oct. 28. The office sent a similar letter to Macy’s, Barneys and the city, claiming he was in effect stopped for the huge New York City department store, after two black shop - “shopping while black.” News of the suit, first reported by the pers had emerged with similar accounts of alleged profiling. “The Daily News on Oct. 23, apparently struck a chord. Within a alleged repeated behavior of your employees raises troubling week, three more black New Yorkers emerged with allegations questions,” wrote Kristen Clarke, head of the attorney general’s of having been racially profiled as possible credit-card scam - Civil Rights Bureau. 5 mers while shopping at New York City stores. 1 New York police sources confirmed to the Daily News that “You still have undercover officers out there judging people the NYPD stations undercover officers at Barneys and other on the basis of what they look like,” says Kenneth Meeks, a pro - stores to try to nab credit card fraud perpetrators. Police have ducer at Black Enterprise Broadcast Media and author of the gotten 53 grand larceny complaints this year for credit card book Driving While Black , published in 2000. “It’s disappointing fraud at Barneys’ Madison Avenue store and have made more that it still happens today, but I can’t say I’m surprised.” 2 than 47 arrests, the department said. It did not provide a racial Barneys, confronted with a similar accusation from a 21- breakdown of those arrested. year-old black nursing student over her purchase of a $2,500 In a subsequent story, The New York Times reported that handbag in February, is denying any wrongdoing and blaming Barneys’ security management team had responded “several months the undercover police officers for selecting shoppers to inves - ago” to an increase in shoplifting and credit card fraud by in - tigate. After the news of Christian’s lawsuit, Barneys declared structing store personnel to “take chances” in spotting suspicious in a statement on Facebook that no employee was involved customers even at the risk of intercepting innocent people. 6 in pursuing any action against the teenager. In the second in - The New York City episodes surfaced only two months after cident, a Barneys executive called the student’s mother with a Oprah Winfrey, the television mogul and one of the world’s similar disclaimer of responsibility. 3 richest women, encountered a kind of racial profiling herself “Barneys New York has zero tolerance for any form of dis - while trying to purchase a $38,000 handbag in a high-end crimination, and we stand by our long history in support of women’s store in Zurich, Switzerland. The store clerk declined all human rights,” the company said in the Facebook statement. to show Winfrey the handbag she wanted and suggested a less Kayla Phillips, the woman in the second incident at Barneys, expensive one instead. 7

Continued from p. 1014 1968 recommending, among other steps, was a “relevant factor,” Justice Lewis F. dissenting vote — the stop-and-frisk the hiring of more diverse and more Powell Jr. wrote, but not enough to procedure. The court noted complaints sensitive police forces. 30 “justify stopping all Mexican-Americans of “harassment” by African-Americans, The Supreme Court’s initial encounter to ask if they are aliens.” A year later, however, in stressing the need to limit with the profiling issue came in a pair however, the court ruled that agents at the procedure to “the legitimate inves - of immigration-related cases in the mid- a border checkpoint could select mo - tigative sphere.” Meanwhile, the so- 1970s. In the first, the court in 1975 torists for secondary inspection based called Kerner Commission, appointed ruled that a roving Border Patrol car solely on apparent Mexican ancestry. 31 by President Lyndon B. Johnson in re - could not stop a vehicle solely because The formal art of “profiling” began sponse to urban riots of the mid-’60s, the driver or passengers appeared to in the 1970s, as police and the FBI had issued a comprehensive report in be of Mexican ancestry. Appearance tried to identify characteristics to spot

1016 CQ Researcher l e b Racial profiling is a fact of life for African-Americans in any a G

l number of public settings, according to Meeks, notably when r a e

trying to hail a cab. “I’ve seen it dozens of times in the past P /

year,” Meeks says. “The driver will pass the black person and s w

take the white person instead.” e N

y

President Obama himself has spoken about his own expe - l i a

riences of being followed while in department stores, hearing D

car doors lock as he passed by parked vehicles on the street Y N /

or having women clutch their purses tightly when sharing an s e

elevator. “That happens to me, at least before I was a sena - g a m

tor,” Obama said in unscheduled remarks on July 19 following I

y t

the acquittal of white community volunteer George Zimmer - t e

man in the February 2012 shooting death of black teenager G Trayvon Martin. 8 New York City college student Trayon Christian, 19, filed The apparent profiling of black shoppers affects who gets a civil rights suit against Barneys after he was stopped, arrested for retail theft, according to one expert, but the un - handcuffed and taken to a police station after buying a $349 belt at the upscale department store. He was derlying assumption that blacks account for most store thefts released without charges. is unsubstantiated. Jerome Williams, a business professor at Rut - gers University who has studied marketplace discrimination, told 2 Kenneth Meeks, Driving While Black: Highways, Shopping Malls, Taxicabs, The Associated Press that white women in their 40s engage in Sidewalks. What to Do if You Are a Victim of Racial Profiling (2000). more shoplifting than other demographic groups. “The reason 3 Tina Moore and Ginger Adams Otis, “Bagged by ‘Racism,’ ” Daily News , they don’t show up in crime statistics is because people aren’t Oct. 24, 2013, p. 5. 4 9 “Macy’s slapped with federal class action lawsuit over racial-profiling shop - watching them,” Williams was quoted as saying. ping case,” WPIX-11, Nov. 14, 2013, http://pix11.com/2013/11/13/macys- Meeks, who has three teenage children, says he wrote his slapped-with-federal-class-action-lawsuit-over-racial-profiling-shopping-case/#ax book to show how to fight back against racial profiling. “You zz2l16fMJzE. 5 have to make a stand, so the person who profiles you thinks See Kenneth Lovett, “New York attorney general targeting Barneys, Macy’s over racial profiling claims,” Daily News (New York), Oct. 29, 2013. twice before doing it to the next person,” he says. But he also 6 J. David Goodman, “Profiling Complaints by Black Shoppers Followed Changes warns his children to expect it to happen to them. to Stores’ Security Policies,” The New York Times , Oct. 30, 2013, p. A24. “They are very much aware of the ways that society looks 7 See Christine Hauser, “Oprah Winfrey and the Purse She Couldn’t Have,” on them,” Meeks says. “They are black, and they will be pro - The Lede (New York Times blog), Aug. 9, 2013, http://thelede.blogs.nytimes. com/2013/08/09/oprah-winfrey-and-the-handbag-she-couldnt-have/; Tim New - filed at some point in their lives.” comb, “A Lot of People ‘Sorry’ About Oprah Winfrey Purse Incident,” Time , Aug. 13, 2013, http://entertainment.time.com/2013/08/13/a-lot-of-people-sorry- — Kenneth Jost about-oprah-winfrey-purse-incident/. 8 For transcript, see “Obama Recalls Getting Followed, People Locking Doors On Him — In other Words, Being A Black Man In America,” The Huffington 1 Kerry Burke, Mark Morales, Barbara Ross and Ginger Adams Otis, “How Post , July 19, 2013, www.huffingtonpost.com/2013/07/19/obama-racial-profiling_ could YOU afford a belt like THIS?” Daily News (New York), Oct. 23, 2013, n_3624881.html. p. 5. For an overview, see Jesse Washington, “Barneys case stirs talk of 9 Washington, op. cit. ‘Shopping While Black,’ ” The Associated Press, Oct. 29, 2013. in potential serial killers or airline hi - ended characteristics gave agents broad Through the 1990s, evidence mount - jackers. From those rare offenses, the discretion in selecting individuals to stop. ed that African-Americans were far and practice expanded to the so-called war The Supreme Court green-lighted the away the majority of motorists stopped on drugs with the federal Drug En - use of such profiles in a 1989 decision in drug-related enforcement. Wilkins’ forcement Administration’s (DEA) de - stemming from the search of a de - suit in Maryland was the first to un - velopment of a drug courier profile in planing passenger at the Honolulu air - cover hard evidence of targeting of the 1980s. The DEA never published port. By a 7-2 vote, the court found African -Americans, as recounted by Har - the profile, but evidence in some cases the combination of six listed factors jus - ris, the University of Pittsburgh profes - showed that profiles sometimes specif - tified the stop and search; the dissenters sor. A state police “Criminal Intelligence ically referred to African-Americans or countered that none of the factors specif - Report,” disclosed during the suit and Hispanics. In any event, the open- ically pointed to criminal activity . 32 dated only days before Wilkins was

www.cqresearcher.com Nov. 22, 2013 1017 RACIAL PROFILING

Muslims Challenge ‘Religious Profiling’ “We should not be singled out simply because of religion.”

arah Abdurrahman was in a festive mood as she returned The complaints extend beyond individual anecdotes such as to the United States with friends and family earlier this Abdurrahman’s. Muslims are currently challenging in court broad S year after attending a friend’s wedding in Canada. surveillance programs maintained by the New York Police De - But the good feelings died at the border as she and her partment (NYPD) and by the FBI in Southern California. Both law traveling party, all U.S. citizens and all Muslims, suffered what enforcement agencies are accused of infringing religious liberties the radio journalist later described as a painful and humiliating by infiltrating mosques without adequate justification. But so far six-hour ordeal at the hands of U.S. Customs and Border Patrol none of the law enforcement practices has been ruled improper. (CPB) agents. In California, Craig Monteilh posed as a Muslim convert under Abdurrahman, an assistant producer with the NPR program an assumed name for more than a year as a paid FBI informant, “On the Media,” said the agents detained the traveling party using audio and video recording devices to gather information. without explanation, refused to identify themselves and ques - The American Civil Liberties Union (ACLU) of Southern Califor - tioned at least one of the travelers, Abdurrahman’s husband, nia and the Council on American-Islamic Relations (CAIR) filed about his religious practices. She described the experience — a civil rights suit against the FBI on behalf of Muslim commu - and her fruitless efforts to get an explanation afterward — in nity members in Orange County in regard to Monteilh’s ac - a 20-minute report on the program on Sept. 20. 1 knowledged infiltration of approximately 10 Southern California The episode typifies the seeming religious profiling that ad - mosques. The government claimed the “state secrets” privilege in vocates for the United States’ 6 million Muslims say has been refusing to disclose details of Monteilh’s surveillance in so-called common since al Qaeda’s September 2011 attacks on the Unit - Operation Flex. In August 2012, U.S. District Judge Cormac Car - ed States. Because of terrorism-inspired scrutiny at the federal, ney dismissed the government as a defendant but allowed the state and local levels, many Muslims today worry that they may suits against individual FBI agents and officials to proceed. ACLU be monitored, interrogated, detained or even arrested for no lawyers appealed the decision. 2 reason other than religion, according to officials with the San In New York, the NYPD is facing three separate suits chal - Francisco group Muslim Advocates. lenging its surveillance of mosques and Muslims as Fourth “We’re not saying mosques or Muslims should be off limits,” Amendment violations both in New York and across the state explains Glenn Katon, the group’s legal director. “It’s that mosques line in New Jersey. Lawyers for the New York-based Center for should not be singled out, Muslims should not be singled out Constitutional Rights and the Muslim Advocates filed the first of simply because of religion.” the suits in federal district court in New Jersey in June 2012; stopped, included an explicit profile tar - taillight violation. Unanimously, the court profiling, he said, “is wrong, it is de - geting African-Americans. said the officers’ “ulterior motives” did structive and it must stop.” The data gathering that resulted from not matter as long as they had prob - the settlement of Wilkins’ suit showed able cause for the stop. 33 that 72 percent of those stopped in Mary - President Bill Clinton cited the ev - ‘Deliberate Indifference’? land were African-Americans. The liti ga - idence of racial profiling in traffic tion and newspaper investigations in New stops, however, when he ordered fed - he issue of racial and ethnic pro - Jersey produced similar evidence that eral law enforcement agencies in T filing gained new importance the vast majority of motorists stopped June 1999 to begin collecting data on after the Sept. 11 terrorist attacks on on the state’s turnpikes were African- the race or ethnicity of individuals the United States in 2001 as Muslims Americans. they question, search or arrest. 34 The and people of Arab or South Asian Despite such evidence, the Supreme Justice Department was to use the background came under heightened Court declined in 1996 to question the data to determine whether federal of - attention — and suspicion — from use of traffic stops as a pretext for drug ficers were engaging in racial profil - law enforcement and the general pub - enforcement. The decisions stemmed ing and, if so, what should be done lic. Meanwhile, critics of racial profil - from the convictions of two African- to stop the practice. Clinton said he ing of African-Americans and Latinos Americans who had been found with hoped state and local law enforce - continued efforts in court and legisla - drugs after police officers patrolling a ment agencies would adopt similar tive bodies to combat the practice and “high-drug” area in Washington, D.C., steps to try to eliminate what he called drew important support from the stopped them ostensibly because of a a “morally indefensible” practice. Racial Obama administration’s stepped-up

1018 CQ Researcher the ACLU, along with the New York Civil Liberties Union (NYCLU) tioning, as Abdurrahman’s husband described, is improper. “You’re and a police accountability project at the City University of New singling people out because of their religion and then subjecting York Law School, filed a comparable suit in federal district court them to longer detentions and to humiliating questioning about in Brooklyn in June. 3 stuff that they’re allowed to do legally,” she says. In a third case, lawyers from the NYCLU are charging the Abdurrahman says the episode left her shaken. “I came out police with violating their own court-approved guidelines for of the experience wondering what our rights are,” she said. initiating surveillance of political or religious organizations. The guidelines date back to a court-approved settlement of anti- — Kenneth Jost spying litigation in the 1970s, but the NYPD got the rules eased in 2003 after claiming they hampered counterterrorism work. 4 1 See “My Detainment Story: Or How I learned to Stop Feeling Safe in My Separately, the ACLU has sued the FBI under the Freedom Own Country and Hate the Border Agents,” NPR, Sept. 20, 2013, www. wnyc.org/radio/#/ondemand/319368. For print coverage, see Harrison Jacobs, of Information Act to try to obtain the agency’s guidelines for “American Muslim Reporter Describes ‘Dehumanizing’ Treatment at US Border,” counterterrorism investigations. In a ruling on Oct. 23, the fed - Business Insider , www.businessinsider.com/sarah-aburrahman-detained-at-us- eral appeals court in Philadelphia upheld the FBI’s decision to border-2013-9. 2 The case is Fazaga v. FBI. For background and materials, see the ACLU limit disclosure of the requested documents because it would of Southern California’s website: www.aclusocal.org/fazaga/. For news cover - reveal investigative techniques. 5 age, see Victoria Kim, “Spying suit against FBI is rejected,” Los Angeles Times , Abdurrahman was also stymied in her efforts to determine Aug. 15, 2012, p. A1. 3 The cases are Hassan v. City of New York , www.ccrjustice.org/hassan, and why her traveling party was detained when they re-entered the Raza v. City of New York , www.aclu.org/national-security/raza-v-city-new-york- United States earlier this year. On the radio program, Abdur - legal-challenge-nypd-muslim-surveillance-program filed in June 2013. For rahman said she filed a complaint about the incident with the coverage, see Chuck McCutcheon, “U.S. Muslims Seek to End Surveillance,” in “Government Surveillance,” CQ Researcher , Aug. 30, 2013, pp. 730-731. See Department of Homeland Security’s Office of Civil Rights and also Matt Apuzzo and Adam Goldman, Enemies Within: Inside the NYPD’s Civil Liberties. The office rejected the complaint, she said, but Secret Spying Unit and Bin Laden’s Final Plot Against America (2013). the reasons for upholding the agents’ actions were redacted in 4 The case is Handschu v. Special Services Division , www.nyclu.org/case/hand - schu-v-special-services-division-challenging-nypd-surveillance-practices-target - the notice of the decision. ing-politica. The program quoted Munia Jabbar, an attorney with CAIR, that 5 ACLU v. FBI , 12-4345 (3d Cir., Oct. 23, 2013), www2.ca3.uscourts.gov/opinarch/ Muslims are often asked “really invasive” questions about religious 124345p.pdf; for coverage, see Jason Grant, “ACLU denied access to FBI practices when re-entering the United States. She says the ques - files on profiling,” The Star-Ledger (Newark, N.J.), Oct. 24, 2013, p. 11.

scrutiny of local police forces. And two tention on Muslims, Arab nationals and plain of heightened and unwarranted incidents made racial profiling issues Arab-Americans in investigating possible scrutiny from law enforcement — in - front-page news: the arrest of the promi - links to al Qaeda — the group re - cluding a controversial special coun - nent African-American scholar Henry sponsible for the Sept. 11 attacks — terterrorism unit within the NYPD. Louis Gates Jr. at the door of his Cam - within the United States. Immigration The New York City force had come bridge, Mass., home in 2009 and the authorities rounded up hundreds of under intense scrutiny for alleged killing of Trayvon Martin, an unarmed Middle Easterners. racial profiling beginning in February black teenager, by a white community- Despite official denials, airport 1999 with the shooting death of a watch volunteer in a gated communi - screeners appeared to be giving spe - Guinean immigrant, Amadou Diallo, at ty in Florida in 2012. cial attention to Muslims and Arabs; his front door in an ethnically diverse Just one month after taking office, and some prominent commentators — Bronx neighborhood. Plainclothes of - President George W. Bush followed including the Manhattan Institute’s Mac ficers in the department’s Street Crime Clinton’s example by promising in his Donald — forthrightly defended pro - Unit thought Diallo matched the de - State of the Union address on Feb. 27, filing as common-sense law enforce - scription of a suspected rapist; when 2001, that his administration would ment. 36 When the Bush administra - Diallo reached for his wallet as iden - work to end racial profiling. Attorney tion issued racial profiling guidelines tification, the officers mistook it as a General John Ashcroft echoed Bush’s in June 2003, it included an exception weapon and fired 41 rounds, killing promise, describing the practice as “un - for national security-related investiga - him. The incident sparked raucous constitutional.” 35 After 9/11, however, ti ons. 37 A decade later, Arab- American demonstrations and an unsuccessful the government evidently focused at - and Muslim groups continue to com - prosecution of the four officers in a

www.cqresearcher.com Nov. 22, 2013 1019 RACIAL PROFILING

trial moved to Albany, N.Y., because ed widespread protests by African- sure from civil liberties and minority rights of pretrial publicity. Americans. 40 groups, community organizations, the Jus - The episode also led to a lawsuit Meanwhile, NYPD’s stop-and-frisk liti - tice Department and federal courts. by the Center for Constitutional Rights, gation had resumed in 2008, after the Apart from New York City, the biggest accusing the NYPD of racial profiling Center for Constitutional Rights accused pending controversy appears to be in and unlawful stop-and-frisk practices. the city of failing to comply with the Maricopa County, Ariz., where Arpaio The suit cited, among other evidence, 2003 settlement. Judge Scheindlin assumed — who styles himself as the nation’s a report by the New York attorney jurisdiction over the new case, Floyd , since toughest sheriff — is planning to ap - general’s office that showed Street Crime it was related to the Daniels case that peal a federal judge’s order to place Unit officers stopped 16 African-Amer - she had previously tried. The assignment the department under a court-appointed icans for every arrest made. After would underlie later complaints of bias monitor for at least four years. In other lengthy discovery, the city disbanded by the city and others, including the Man - cities, including Philadelphia, New Or - the Street Crime Unit and, in Septem - hattan Institute’s Mac D onald, and the leans and Seattle, police departments ber 2003, agreed to settle the suit — appeals court’s subsequent decision to have agreed to changes aimed at elim - called Daniels v. City of New York — order the case reassigned. The trial in the inating racial profiling but continue to by promising to institute policies new case began on March 18 and closed face questions about compliance. aimed at eliminating racial profiling. two months later on May 20 after sharp Despite the controversies, police or - District Judge Scheindlin approved the arguments over the implications of op - ganizations insist that the accusations of settlement in December. 38 posing statistical studies and testimony widespread racial profiling are unsub - Obama’s election as the nation’s first from police officials. stantiated. “Most police departments base African-American president five years Scheindlin issued her ruling on Aug. their stops on reasonable suspicion or later was seen by some as marking a 12. Out of the 4.4 million stops logged probable cause, not on the basis of their new era in race relations, but the Gates by police, Scheindlin found that at least race,” says Darrel Stephens, executive di - episode only six months after Obama’s 200,000 — about 5 percent — were un - rector of the Major Cities Chiefs Associ - inauguration underlined the continuing constitutional, and that the actual figure ation and former police chief in several points of contention between law en - was probably higher. She went on to metropolitan areas, including most re - forcement and black Americans. Gates find that blacks and Hispanics were cently Charlotte-Mecklenburg County, N.C. was charged with disorderly conduct on more likely to be stopped than whites Civil liberties and minority rights July 16, 2009, after a white Cambridge, after controlling for other variables, that groups disagree. Racial profiling is “hap - Mass., police officer mistook him for a blacks were more likely t o be arrested pening in states all across the coun - possible burglar. The charges were later and that blacks and Hispanics were try,” says the ACLU’s Parker. “The in - dropped, and Obama hosted Gates and more likely to be subjected to use of dications are that it’s prevalent.” the officer for a so-called beer summit force. In all, Scheindlin concluded the The sweeping order in Maricopa Coun - at the White House on July 30 to smooth data showed “deliberate indifference” ty comes in a case, Ortega Melendres v. things over. 39 on the city’s part toward constitution - Arpaio , that accuses Arpaio of a pattern The killing of Martin by the white al rights — a necessary finding to es - and practice of targeting Latino drivers community-watch volunteer, George tablish liability under federal civil rights and passengers for traffic stops, investi - Zimmerman, on Feb. 26, 2012, touched law. Bloomberg vowed to appeal. gations and arrests. The suit was filed off a more protracted nationwide debate in 2007 on behalf of Manuel Ortega Me - over possible racial profiling. Zimmer - lendres, a Mexican national residing legal - man, concerned about a rash of home ly in the United States, who was ques - burglaries in the largely white gated CURRENT tioned and held for several hours after community in Sanford, Fla., tailed Mar - the car in which he was riding was tin as the unarmed teenager was re - stopped supposedly for speeding. The turning to his father’s home and fatally SITUATION white driver was not ticketed, but Me - wounded him during a scuffle. lendres was held until U.S. authorities Zimmerman was charged with verified his immigration status. second-degree murder and acquitted Patterns and Practices The suit was later broadened into a on July 13, 2013, under Florida’s con - class action and litigated by private at - troversial so-called Stand Your Ground olice and sheriffs’ departments torneys and lawyers from the ACLU of law, which eases rules for self-defense P around the country are dealing with Arizona, the ACLU’s national Immigrants in criminal trials. The verdict prompt - questions of racial profiling under pres - Continued on p. 1022

1020 CQ Researcher At Issue:

Is ryaes cial profiling by police a serious problem in the United States?

DENNIS PARKER HEATHER MAC DONALD DIRECTOR , R ACIAL JUSTICE PROGRAM , FELLOW , M ANHATTAN INSTITUTE AMERICAN CIVIL LIBERTIES UNION WRITTEN FOR CQ RESEARCHER , NOVEMBER 2013 WRITTEN FOR CQ RESEARCHER , NOVEMBER 2013

here is no credible evidence that racial profiling is a seri - n their 2009 report, “The Persistence of Racial and Ethnic ous problem among police forces. Studies that purport to Profiling: A Follow-Up Report to the U.N. Committee on t show the contrary inevitably assume that police activity i the Elimination of Racial Discrimination,” the American should match population ratios, rather than crime ratios. But Civil Liberties Union and the Rights Working Group concluded urban policing today is driven by crime data: Officers are de - that despite “overwhelming evidence of its existence, often sup - ployed to where city residents are most victimized by violence. ported by official data, racial profiling continues to be a preva - Given the racial disparities in crime commission, the police can - lent and egregious form of discrimination in the United States.” not provide protection to neighborhoods that most need it with - Time has not altered that conclusion. Numerous studies, out generating racially disproportionate enforcement numbers. data collection and individual anecdotes confirm that law en - In New York City, for example, the per capita shooting rate forcement agents continue to rely on race, color or national or in predominantly black Brownsville, Brooklyn, is 81 times ethnic origin as a basis for subjecting people to criminal in - higher than in Bay Ridge, Brooklyn, which is largely white vestigations. and Asian. That disparity reflects Brownsville’s gang saturation, The cost of this reliance on race or ethnicity as a supposed which affects policing in myriad ways. Police presence will be indicator of lyikely criminal eactivity is higs h for individuals and much higher inn gang-infested neioghborhoods, and officers de - society. Examples of the practice abound. After analyzing hun - ployed there will try to disrupt gang activity with all available dreds of thousands of police stops, a federal judge concluded lawful tools, including the stopping and questioning of indiv id - that African-Americans and Latinos in New York City were far uals suspected of criminal activity. Each shooting will trigger an more likely than whites to be stopped by police when there intense police response, as officers seek to avert a retaliatory was no reasonable suspicion of criminal activity and were less gang hit. Given the difference in shooting rates, it is no surprise likely than whites to be found in possession of illegal items. that Brownsville’s per capita police stop rate is 15 times Meanwhile, a federal court in Arizona found the Maricopa higher than Bay Ridge’s. If it were not, the police would not County Sheriff’s Office relied on ethnicity in enforcing immigra - be targeting their resources equitably, according to need. Yet tion laws in a way that was clearly unconstitutional. In both some advocates cite such stop disparities as prima facie proof cases, the courts were so concerned about future violations that of profiling. they ordered the use of impartial monitors to track compliance Community requests for protection are the other determinant with remedies intended to stop the illegal practices. of police tactics. Last fall, I spoke with an elderly cancer am - Reliance on racial profiling is not limited to local law en - putee in the South Bronx. She was terrified to go down to forcement. Six states have adopted immigration enforcement her lobby to get her mail because of the youths hanging out laws that invite the profiling of Latinos. The federal govern - there, smoking marijuana. Only when the police had been by ment routinely relies on programs and practices that delegate to conduct trespass stops would she venture out: “When you immigration enforcement authority to state and local agencies, see the police, everything’s A-OK,” she said. Police cannot re - resulting in the unfair targeting of Latino, Arab, South Asian spond to such requests for public order without producing and Muslim people in the name of immigration control and racially disparate enforcement data that can be used against national security. them in the next racial profiling lawsuit. Despite overwhelming evidence that racial profiling persists, Young, black males are murdered at 10 times the rate of the End Racial Profiling Act continues to languish in Congress. whites and Hispanics combined, usually killed by other minor - Until appropriate action is taken to address discriminatory pro - ity males. The New York Police Department has brought the filing, people will continue to be subjected to the humiliation homicide victimization rate among the city’s minorities down of repeated, unwarranted and intrusive stops and investigations, nearly 80 percent, yet young, black men are still 36 times depriving them of their individual rights and undermining more likely to be murdered than young, white males. Proactive support for our criminal justice system. policing is the best protection poor, minority neighborhoods The idea of basing law enforcement on actions rather than have against violence and fear. on racneo , ethnicity or religion is long overdue.

www.cqresearcher.com Nov. 22, 2013 1021 RACIAL PROFILING

Continued from p. 1020 Meanwhile, Congress is being urged liberties are both important for the city. Rights Projects and MALDEF. After pre - to strengthen federal efforts to combat In a press conference the next day, de siding over a four-week trial in July 2012, racial profiling by passing legislation in - Blasio said only that he plans to decide District Judge Snow, a Republican ap - troduced in the wake of Zimmerman’s on a new police commissioner soon. pointee, issued a 142-page decision on acquittal in the Trayvon Martin killing. Among several possibilities mentioned liability on May 24, finding the sheriff’s The End Racial Profiling Act, introduced as new commissioner, William Bratton, office guilty of Fourth Amendment vi - by Democrats Sen. Ben Cardin of Mary - a former chief in New York City and Los olations for making suspicionless stops land and Rep. John Conyers of Michi - Angeles, is drawing the most attention. and of equal protection violations for gan, would prohibit racial profiling by Bratton headed the LAPD from 2002 to targeting Latinos on the basis of their federal or federally funded state law en - 2009 after having served as head of the ancestry. 41 Snow followed with an Oct. forcement agencies. It would also au - New York City Transit Police for four 2 order requiring installation of cameras thorize civil suits by the United States years and as New York City police com - in all deputies’ cars, increased data col - or any individual injured by racial pro - missioner from 1994 to 1996. Currently lection and re porting and creation of a filing for a declaratory judgment or in - working as a security consultant, Bratton community advisory board. To ensure junction, but not damages. 45 is known to want his old job back. compliance with the order, Snow is to No hearings are scheduled on the De Blasio’s campaign website praised appoint a monitor. The order is to stay racial profiling bills. But the Senate Ju - Bratton for having reduced crime in Los in effect for at least three years after full diciary Committee did hear from Trayvon Angeles without the “unconstitutional” use compliance is shown. Martin’s mother, Sybrina Fulton, in an of stop-and-frisk. De Blasio was report - In other cities, the Philadelphia Police Oct. 29 hearing on Stand Your Ground ed to have met with Bratton several times Department remains under a 2011 con - laws. Florida is one of 22 states with during the campaign. Others mentioned sent decree negotiated with ACLU lawyers such laws, which generally eliminate the as possible appointees include Philip that requires data collection on stop-and- duty to retreat from an attacker threat - Banks III, an African-American who is frisk incidents and analysis of the data ening serious bodily harm or death. Ful - the NYPD’s top department chief, and by an independent court-appointed ton told the panel that the law “did not Joseph Dunne, leader of the Port Au - monitor. The most recent report, issued work” in her son’s case, but other wit - thority Police Department. 47 in March, found that the number of stops nesses said there was no reason for Despite de Blasio’s vow to drop the had decreased, but that 45 percent of Congress to act. city’s appeal in the Floyd case once in the stops were unjustified; African-Amer - “This is about the right of everyone office, the future of the case is dividing icans and Hispanics were the subjects to protect themselves and protect their interest groups. City Councilman Jumaane of 76 percent of the stops and 85 per - families,” said Sen. Ted Cruz, R-Texas . 46 Wilson, a Democrat from Brooklyn, led cent of the frisks. 42 a rally at City Hall the day after the Court-supervised consent decrees in election, urging the Bloomberg admin - New Orleans and Seattle stem from re - NYPD Changes? istration to drop the appeal. The next ports issued by the Justice Department’s day, however, unions representing 29,000 Civil Rights Division in 2011, which crit - he fate of New York City’s stop-and- of New York’s 35,000 officers filed pa - icized both departments on use-of-force T frisk case is up in the air after the pers with the Second U.S. Circuit Court policies and “bias-based” policing — in - landslide election on Nov. 5 of a new of Appeals asking to keep the appeal cluding, in the case of New Orleans, di - mayor who opposed the NYPD policies alive even if the city drops it. The union rected at lesbian, gay, bisexual or trans - while campaigning and promised, if elect - argues that Scheindlin’s order unfairly gender persons. In Seattle, a survey released ed, to drop the appeal in the case. taints the integrity of the force and in September and commissioned by the As the city’s public advocate, mayor- changes operational rules for officers. court-appointed monitor, attorney Merrick elect de Blasio had sided with the plain - Meanwhile, Scheindlin remains re - Bobb, found that nearly two-thirds of tiffs in the Floyd case, criticized the moved from the case after the three-judge Seattle residents believe police routinely Bloomberg-Kelly stop-and-frisk policies appellate panel reaffirmed its Oct . 31 order discriminate against people of color. 43 In and promised if elected to withdraw the that it be reassigned randomly to an - New Orleans, the police department has city’s appeal of Judge Scheindlin’s order. other district court judge. The unex - hired a new deputy superintendent to De Blasio, who will take office on pected decision, issued just two days oversee implementation of the federal Jan. 1, did not repeat that promise in after hearing the city’s request for a stay, court decree, but the court has yet to ap - the immediate aftermath of his election. said Scheindlin “ran afoul” of the Code point the independent monitor to check Instead, he stressed on election night of Judicial Conduct by guiding plain - on compliance. 44 that public safety and respect for civil tiffs’ lawyers to file the Floyd case in

1022 CQ Researcher her court and by giving media inter - U.S. city. But life can be hard, too, for very much because it tests the bound - views while the case was pending. young black men walking those aries of social science research.” Scheindlin denied any wrongdoing streets if they run into a cop like Philip The New York City case could in - and stressed that she had made no di - Nace of the Philadelphia Police De - fluence further developments on the rect comment about the Floyd case in partment. issue, but the appeals court’s decision the interviews. A few days later, lawyers Nace, who is white, is under dis - to stay Judge Scheindlin’s order makes representing her asked that either the ciplinary investigation after a damning speculation perilous. Before the stay, three-judge panel or the full Second video of his racially abusive, obscenity- Harris, the University of Pittsburgh pro - Circuit reverse the action. The legal laced encounter on Sept. 27 with two fessor and racial profiling critic, was team, headed by New York University young black men went viral on predicting the case could encourage law professor Burt Neuborne, argued YouTube. The 16-minute video, shot police departments around the coun - the action was substantively unwar - on a cell phone by one of the men, try to rethink stop-and-frisk. After news ranted and procedurally flawed because shows Nace and an unidentified part - of the stay, he saw a possible impact Scheindlin had no opportunity to re - ner stopping the men solely because in an opposite direction. “If the case spond. In a separate letter, Neuborne they had greeted someone as they is not upheld on appeal, many peo - said the “unseemly dispute” was a dis - were walking in predominantly African- ple will take from that that the NYPD traction from the merits of the case. American North Philadelphia. style of aggressively using stop-and- The next day the city filed a mo - After one of the men asks the rea - frisk is the right thing to do after all,” tion urging the panel to vacate son for the stop, Nace scoffs at the Harris said. Scheindlin’s order altogether. New York request, tells the men to go back to Other experts, however, say police City corporation counsel Michael Car - New Jersey, describes them as “free - chiefs are already working to combat dozo said the ruling would undermine loaders” and accuses one of them of racial profiling. “Virtually all healthy, the police department’s “ability to carry dealing in marijuana before letting them competent, well-functioning depart - out its mission effectively.” The city both go. “We can assure the public ments have policies against it,” says Bueer - also urged the court to speed up the that he [Nace] is off the street,” Lt. John mann, the Police Foundation president. appeal so that it could be ruled on Stanford told the Philadelphia Daily Del Carmen, the University of Texas before Bloomberg leaves office. News after a second video showed professor, agrees that police chiefs are Lawyers from the Center for Consti - Nace destroying a neighborhood addressing the issue, but says policies tutional Rights countered on Nov. 11 basketball hoop. “What you see in are not always followed in the field. with a filing that argued reassigning the those two videos is certainly not what “There are always officers in some de - case to a new judge would result in an we teach.” 49 partments who believe that racism is part “undue waste of judicial resources and Nace’s conduct shows the under - of the job,” he says. potential prejudice” to the plaintiffs. belly of stop-and-frisk racial profiling. Advocacy groups that have raised the On Nov. 13 the panel reaffirmed its “There’s no place for that kind of at - profiling issue are optimistic that police decision in an expanded 17-page titude and behavior in a professional departments are moving in their direc - opinion. 48 In granting the stay, the law enforcement agency in this coun - tion. “Many police departments are tak - judges said that “in the interest of ju - try,” the NAACP’s Shelton remarked after ing the issues very seriously,” says Park - dicial efficiency” it would also hear viewing the video. But the investiga - er with the ACLU. Saenz, the MALDEF the appeal on the merits next spring. tions and lawsuits challenging racial president, foresees “a broader under - By then, however, de Blasio will profiling go after the practice more standing of how inappropriate profiling have had time to decide whether to broadly with statistical evidence, not is” and “a broader array of protections drop the appeal. just anecdotes, and aim at broad pol - against the practice nationwide.” Shelton icy changes, not simply discipline of agrees. “We’re going to continue to move individual officers. forward,” he says. On the surface, the statistics seem From an opposite perspective, how - OUTLOOK to support accusations of racial pro - ever , Mac Donald sees the racial pro - fi ling, but skeptics such as the Manhat - filing debate as interfering with good tan Institute’s Mac Donald are uncon - policing. “The police cannot go after Mean Streets vinced by what she calls “circumstantial” crime if they’re held to a population evidence. “It’s a very complicated issue,” benchmark,” she says. “Unless black ife can be hard for a police offi - says Alpert, the University of South crime goes down,” she adds, “the story L cer patrolling the streets of a major Carolina professor, “and we don’t know is not going to go away.”

www.cqresearcher.com Nov. 22, 2013 1023 RACIAL PROFILING

2012, pp. 229-252. from coverage in The Kalamazoo Gazette : Notes 6 The decisions and other materials in Ortega Emily Monacelli, “Black leaders hope study Melendres v. Arpaio are available on the web - brings changes,” Sept. 8, 2013; Rex Hall Jr., 1 See Seth Freed Wessler and Jay Smooth, site of the American Civil Liberties Union, “KDPS officers target black drivers, racial pro - “David Floyd on Why He Sued NYPD,” Color - which represented the plaintiffs: https://www. filing study says,” mlive.com , Sept. 4, 2013. lines , March 25, 2013, http://colorlines.com/ aclu.org/immigrants-rights-racial-justice/court- 13 For a summary of the two cases, see David archives/2013/03/watch_david_floyd_main_plain places-limits-sheriff-arpaio-prevent-future-racial- A. Harris, Profiles in Injustice: Why Racial Pro - tiff_in_historic_nyc_stop_and_frisk_case_tell_his profiling . For coverage, see JJ Hensley, “U.S. filing Cannot Work (2002), pp. 53-60 (New _story_video.html . See also Matt Sledge, judge orders MCSO oversight,” The Arizona Jersey), pp. 60-64 (Maryland). The trial court “David Floyd, Lead Stop And Frisk Plaintiff, Republic , Oct. 3, 2013, p. A1. ruling in the New Jersey case is People v. Takes Stand In First Day Of Trial,” The Huff - 7 Quoted in “Bloomberg Says Whites Are Soto , www.leagle.com/decision/19961084734 ington Post , March 18, 2013, www.huffington Stopped and Frisked Too Much,” Infowars.com , A2d350_11076 . post.com/2013/03/18/david-floyd-stop-and-frisk- July 3, 2013, www.infowars.com/bloomberg-says- 14 The full 146-page report is on the Center for trial_n_2903682.html . whites-are-stopped-and-frisked-too-much /. See Constitutional Rights website: http://ccrjustice. 2 Scheindlin’s 195-page “liability order” and 39- also Yoav Gonen, “Bloomberg: NYC Police org/files/FaganSecondSupplementalReport.pdf . page “remedies order” can be found here: http:// ‘Stop Whites Too Often and Minorities Too For a good summary, see John Cassidy, “The s3.documentcloud.org/documents/750446/stop- Little’ — And ‘Nobody Racially Profiles,’ ” New Statistical Debate Behind the Stop-and-Frisk and -frisk-memoranda.pdf . The orders, along with York Post , June 28, 2013. Verdict,” The New Yorker , Aug. 13, 2013, www. other documents and materials, also can be 8 See Heather Mac Donald, “Sorry, No De - newyorker.com/online/blogs/johncassidy/2013/ found on the website of the Center for Con - bunking of Racial Profiling Allowed,” in Are 08/scheindlin-stop-and-frisk-verdict-new-york- stitutional Rights, the New York City public Cops Racist? (2002). statistical-debate.html . interest law firm that litigated the case: www. 9 Lynn Langton and Matthew Durose, “Police 15 “Stop and Frisk Data,” New York Civil Lib - ccrjustice.org/floyd . For coverage, see Joseph Behavior During Traffic and Street Stops, 2011,” erties Union, www.nyclu.org/content/stop-and- Goldstein, “Judge Rejects New York’s Stop-and- Bureau of Justice Statistics, Department of Jus - frisk-data ; “New York Crime Rates,” Disaster Frisk Policy,” The New York Times , Aug. 13, 2013, tice, September 2013, www.bjs.gov/content/pub/ Center, www.disastercenter.com/crime/nycrime. p. A1. pdf/pbtss11.pdf . htm . Disaster Center is a Federal Emergency 3 The order is here: www.ca2.uscourts.gov/ 10 The Center for Constitutional Rights press Management Administration site. decisions/isysquery/bc15d9e2-1f1a-4611-9d0c- release is at http://ccrjustice.org/newsroom/ press- 16 Office of the Mayor, op. cit. 678bbaff704c/1/doc/13-3123_13-3442_post.pdf releases/judge-rules-floyd-case ; Bloomberg’s and 17 “Crime in the United States 2012,” Federal #xml=http://www.ca2.uscourts.gov/decisions/ Kelly’s statements are on the website of the Bureau of Investigation, www.fbi.gov/about- isysquery/bc15d9e2-1f1a-4611-9d0c-678bbaff Office of the Mayor: www1.nyc.gov/office- of-the- us/cjis/ucr/crime-in-the-u.s/2012/crime-in-the- 704c/1/hilite /. For coverage, see Joseph Gold - mayor/news/275-13/statements-mayor-bloomberg- u.s.-2012/tables/1tabledatadecoverviewpdf/ stein, “Ruling Against Frisking Tactics by New commissioner-kelly-federal-court-ruling . table_1_crime_in_the_united_states_by_volume_ York’s Police Is Blocked,” The New York Times , 11 Scheindlin’s decision to deny the stay is and_rate_per_100000_inhabitants_1993-2012. Nov. 1, 2013, p. A1. here: www.ccrjustice.org/files/9%2017%2013 xls . For background, see Sarah Glazer, “De - 4 For background on police accountability is - %20Order%20re%20Denying%20Def%20Stay clining Crime Rates,” CQ Researcher , April 4, sues, see these CQ Researcher reports by Ken - %20Motion%20in%20District%20Court.pdf . 1997, pp. 289-312. neth Jost: “Police Misconduct,” April 6, 2012, pp. 12 See Lamberth Consulting, “Traffic Stop Data 18 See Chris Francescani, “Half of New York’s 301-324; “Policing the Police,” March 17, 2000, Analysis Project, The City of Kalamazoo, De - stop-and-frisk arrests yield convictions, report pp. 209-240. partment of Public Safety,” September 2013, says,” Reuters, Nov. 14, 2013, www.reuters.com/ 5 For background, see Kenneth Jost, “Immi - www.kalamazoopublicsafety.org/images/pdf/ article/2013/11/15/us-usa-newyork-stopand - gration Conflict,” CQ Researcher , March 9, Racial_Profiling_Study.pdf ; background drawn frisk-idUSBRE9AE00I20131115 . 19 The citation is 392 U.S. 1 (1968). 20 See Tanya Jones, “Race-based searches pro - About the Author hibited,” The Baltimore Sun , Jan. 5, 1995, p. 1B; Paul W. Valentine, “Md. Settles Lawsuit Over Kenneth Jost has written more than 160 reports for CQ Racial Profiles,” The Washington Post , Jan. 5, Researcher since 1991 on topics ranging from legal affairs 1995, p. B1. and social policy to national security and international rela - 21 See David Kocieniewski, “U.S. Will Moni - tions. He is the author of The Supreme Court Yearbook and tor New Jersey Police on Race Profiling,” The Supreme Court From A to Z (both CQ Press). He is an hon - New York Times , Dec. 22, 1999, p. B1; Jerry ors graduate of Harvard College and Georgetown Law School, Gray, “New Jersey Plans to Forestall Suit on where he teaches media law as an adjunct professor. He also Race Profiling,” ibid. , April 30, 1999, p. A1. writes the blog Jost on Justice (http://jostonjustice.blogspot. 22 Office of the Mayor, op. cit. 23 com). His previous reports include “Police Misconduct” (2012) See Jost, “Police Misconduct,” op. cit. 24 and “Policing the Police” (2000). Historical background drawn in part from Morgan Cloud, “Quakers, Slaves and the Founders:

1024 CQ Researcher Profiling to Save the Union,” Mississippi Law Journal , Vol. 73 (2003), pp. 369-421; Alejandro del Carmen, Racial Profiling in America (2008). FOR MORE INFORMATION 25 Cloud, op. cit. , pp. 374-390. 26 American Civil Liberties Union , 125 Broad St., New York, NY 10004 ; 212-549- The statistics are available online as part of 2500 ; www.aclu.org . Monitors and sometimes brings lawsuits in cases involving a law professor’s page on the trial of Sheriff racial profiling, use of force and other police-practices issues. Joseph Shipp in connection with a lynching in Tennessee in 1906: http://law2.umkc.edu/ Fraternal Order of Police, Grand Lodge , 1410 Donelson Pike, A-17, Nashville, faculty/projects/ftrials/shipp/lynchingsstate.html . TN 37217 ; 615-399-0900 ; www.grandlodgefop.org . Largest membership organization 27 Del Carmen, op. cit. , p. 35. representing rank-and-file law enforcement officers. 28 The citation is 323 U.S. 214 (1944). 29 International Association of Chiefs of Police , 515 North Washington St., Alexan - Background drawn in part from Harris, dria, VA 22314 ; 703-836-6767 ; www.theiacp.org . Represents operating chief executives op. cit. , chs. 2, 3. of international, federal, state and local law enforcement agencies of all sizes. 30 For background, see Helen B. Shaffer, “Negro Power Struggle,” Editorial Research Major Cities Chiefs Police Association , https://majorcitieschiefs.com/about.php . Reports , Feb. 21, 1968, available at CQ Re - Represents chiefs from 63 large American city or county police organizations. searcher Plus Archive. Mexican American Legal Defense and Educational Fund , 634 S. Spring St., 31 The cases are United States v. Brignoni- Los Angeles, CA ; 213-629-2512 ; www.maldef.org . A leading civil rights organization Ponce , 422 U.S. 873 (1975); United States v. for Latinos. Martinez-Fuerte , 428 U.S. 543 (1976). 32 The case is United States v. Sokolow , 490 Muslim Advocates , 315 Montgomery St., 8th floor, San Francisco, CA 94104 ; 415- U.S. 1 (1989). 692-1484 ; www.muslimadvocates.org . Civil rights organization for Muslims, Arab 33 The decision is Whren v. United States , 517 and South Asian Americans. U.S. 806 (1996). NAACP , 4805 Mt. Hope Dr., Baltimore MD 21215 ; 410-580-5777 ; www.naacp.org . 34 See Steven A. Holmes, “Clinton Orders In - Century-old civil rights organization for African-Americans. vestigation on Possible Racial Profiling,” The New York Times , June 10, 1999. National Sheriffs’ Association , 1450 Duke St., Alexandria, VA 22314 ; 1-800-424- 35 See Thomas B. Edsall, “Black Caucus, Ashcroft 7827 ; www.sheriffs.org . Represents and assists sheriffs’ offices nationwide through Have Tense Meeting,” The Washington Post , education, training and information resources. March 1, 2001, p. A6. 36 See “How the Racial Profiling Myth Helps Police Foundation , 1201 Connecticut Ave., N.W., Washington, DC 20036-2636 ; 202-833-1460 ; www.policefoundation.org . Established by the Ford Foundation in Terrorists,” in Are Cops Racist? , op. cit. 1970; sponsors research to support innovation and improvement in policing. 37 “Fact Sheet: Racial Profiling,” Department of Justice, June 17, 2003, www.policeforum.org/ library/racially-biased-policing/supplemental- 41 The decision on liability in Ortega Melen - 46 Account from Laurie Kellman, “Senate looks resources/RPFactSheet%5B1%5D.pdf . For cov - dres v. Arpaio (May 24, 2013) is on the web - at ‘stand your ground’ laws,” The Washington erage, see Curt Anderson, “Federal Agencies site of the ACLU Immigrant Rights Project, https:// Post , Oct. 30, 2013, p. A17. Get Racial Profiling Ban,” The Associated Press, www.aclu.org/files/assets/arpaio_decision.pdf . 47 See J. David Goodman and Joseph Goldstein, June 18, 2003. For coverage, see Jacques Billeaud and Wal - “For Police Commissioner, the Next Mayor 38 See Center for Constitutional Rights, “Daniels ter Berry, “Judge: Ariz. Sheriff’s office profiles Has a Wide Array of Options,” The New York v. City of New York,” http://ccrjustice.org/our - Latinos,” The Associated Press, May 25, 2013. Times , Oct. 18, 2013, p. A21. cases/past-cases/daniels%2C-et-al.-v.-city-new- 42 See Larry Miller, “Stop and Frisk Cases 48 The order is here: www.ca2.uscourts.gov/ york . For coverage, see Greg B. Smith, “NYPD Down, Still Too Many,” Philadelphia Tribune , decisions/isysquery/0344cef2-358a-401a-a888- Yields on Stop-Frisk,” Daily News (New York), March 21, 2013, www.phillytrib.com/newsar 8b442ae03fe9/6/doc/13-3123_13-3088_com Sept. 18, 2003, p. 26. The New York attorney ticles/item/8277-stop-and-frisk-cases-down,-still- plete_amended.pdf . general’s report is here: www.oag.state.ny.us/ too-many.html . 49 William Bender, Ronnie Polaneczky and Mor - sites/default/files/pdfs/bureaus/civil_rights/stp_ 43 See Mike Carter and Steve Miletich, “Survey gan Zalot, “YouTube cop Philip Nace pulled frsk.pdf . finds racial disparity in views toward Seattle off the street as second video surfaces,” The 39 See Ben Feller, “Obama, Gates, policeman police,” The Seattle Times , Sept. 19, 2013, p. B1. Philadelphia Daily News , Oct. 17, 2013, p. 3; pledge to try and move on,” The Associated 44 See Helen Freund, “Attorney to oversee the Daily News broke the story on Oct. 11. Press, July 31, 2009. NOPD decree,” Times-Picayune (New Orleans) , For an account with a link to the video, see 40 See Adam Nagourney, “Prayer, Protests and Oct. 27, 2013, p. B1. Andrew Kirell, “Cops Caught on Tape Harass - Anger Greet Florida Verdict,” The New York 45 The companion bills are S. 1038 and H.R. ing Minorities: ‘You Weaken the F*cking Coun - Times , July 15, 2013, p. A1. For background 2851, H.R. 2851/S. 1038, http://beta.congress. try,’ ” Mediaite , Oct. 14, 2013, www.mediaite. on Stand Your Ground laws, see Kenneth gov/bill/113th-congress/house-bill/2851?q= com/tv/cops-caught-on-tape-harassing-minorities- Jost, “Police Misconduct,” CQ Researcher , {%22 search%22%3A[%22end+racial+profiling you-weaken-the-fcking-country /. April 6, 2012, pp. 301-324. +act%22]} .

www.cqresearcher.com Nov. 22, 2013 1025 Bibliography Selected Sources

Books Articles

Del Carmen , Alejandro , Racial Profiling in America , Harris , David A. , “Picture This: Body-Worn Video Devices Pearson/Prentice Hall , 2008 . (Head Cams) as Tools for Ensuring Fourth Amendment The chairman of the Department of Criminology and Crim - Compliance by Police,” Texas Tech Law Review , Vol. 43, inal Justice at the University of Texas-Arlington examines the No. 1 ( 2010 ), pp. 357-372 , http://texastechlawreview.org/ historical and contemporary perspectives on racial and eth - wp-content/uploads/Picture_This_Body_Worn_Video_De nic profiling in the United States. Includes chapter notes. vices_Head_Cams_As_Tools_For_Ensuring_Fourth_Amend ment_Compliance_By_Police.pdf . Glover , Karen S. , Racial Profiling: Research, Racism, A University of Pittsburgh law professor proposes making and Resistance , Rowan & Littlefield , 2009 . video and audio recording of search-and-seizure incidents, as An assistant professor in the Department of Sociology, Crim - is done already in several cities, a routine police practice. inology and Justice Studies at California State University-San Marcos examines racial profiling from the perspective of crit - Meyer , Deborah L. , “The SPOT Program: Hello Racial ical race theory through interviews with minority group sub - Profiling Goodbye Fourth Amendment,” University of jects who had been stopped by police officers. Includes Maryland Law Journal of Race, Religion, Gender, and chapter notes. Class , Vol. 10, No. 2 ( 2010 ), pp. 289-339 , http://digital - commons.law.umaryland.edu/rrgc/vol10/iss2/5 /. Harris , David A. , Profiles in Injustice: Why Racial Pro - The author critically examines the Transportation Security Ad - filing Cannot Work , New Press , 2002 . ministration’s so-called SPOT program (“Screening of Passengers A professor at the University of Pittsburgh School of Law, by Observation Technique”) to identify potential terrorists. who was one of the first to comprehensively cover racial profiling, provides examples and continues with critical ar - Withrow , Brian L. , and Jeffrey D. Dailey , “Racial Profiling guments on the purported justifications of the practice, as and the Law,” in Craig Hemmens (ed.), Current Legal Is - well as its costs and recommendations for reforms. The pa - sues in Criminal Justice (Oxford University Press , forth - perback edition issued in 2003 includes a chapter on post- coming 2014 ). 9/11 ethnic profiling. Includes detailed notes. The 11,000-word chapter gives a comprehensive, up-to-date account of law and litigation over racial profiling from the Mac Donald , Heather , Are Cops Racist? How the War 1960s to the present. Withrow, a former Texas state trooper, Against Police Harms Black Americans , Ivan R. Dee , is a professor of criminal justice at Texas State University in 2002 [ebook issued 2010] . San Marcos; Dailey is an assistant professor of homeland and A senior fellow at the Manhattan Institute, a conservative border security at Angelo State University, in San Angelo. think tank, argues in a collection of magazine-length pieces that police do not engage in racial profiling and that the Reports and Studies controversy hurts black Americans by impeding policing in minority neighborhoods. “Racial Profiling and the Use of Suspect Classifications in Law Enforcement Policy,” Judiciary Subcommittee on the Meeks , Kenneth , Driving While Black: Highways, Shop - Constitution, Civil Rights, and Civil Liberties, U.S. House ping Malls, Taxicabs, Sidewalks. What to Do if You Are of Representatives , June 17, 2010 , serial no. 111-131, http:// a Victim of Racial Profiling , Broadway Books , 2000 . judiciary.house.gov/hearings/hear_100617_1.html . An editor/producer at Black Enterprise Broadcast Media de - The hearing included testimony and statements from six scribes the phenomenon of racial profiling of African-Americans witnesses, including representatives of the American Civil Lib - not only in policing but also in ordinary daily life. erties Union, Sikh Coalition and Muslim Advocates. The com - mittee website includes video and print transcript. Rice , Stephen K. , and Michael D. White (eds.), Race, Ethnicity, and Policing: New and Essential Readings , On the Web New York University Press , 2010 . The 22 separate essays on racial and ethnic profiling are “If Police Encounters Were Filmed,” Room for Debate divided into four parts: context, methods, research and fu - (New York Times blog), Oct. 22, 2013 , www.nytimes. ture. Rice is an associate professor in the Department of com/roomfordebate/2013/10/22/should-police-wear- Criminal Justice, Seattle University; White is an associate pro - cameras . fessor at Arizona State University School of Criminology and A former police officer endorses body cameras for po - Criminal Justice. lice, but two civil liberties-minded advocates warn against the practice because of privacy concerns.

1026 CQ Researcher The Next Step: Additional Articles from Current Periodicals

Arizona Case NYPD for “treating one of the world’s great religions as if it’s a criminal enterprise,” adding, “all Muslims are not ter - “Arpaio to appeal order appointing monitor,” The As - rorist and all terrorists are not Muslims.” sociated Press , Nov. 1, 2013 , http://ktar.com/22/167386 7/Sheriff-Arpaio-to-appeal-order-appointing-monitor . Retail Stores Lawyers for Maricopa County Sheriff Joe Arpaio say they will appeal a judge’s October order that a court-appointed The Reliable Source, “Jay Z at center of Barneys contro - independent monitor oversee the sheriff’s office due to al - versy,” The Washington Post , Oct. 30, 2013 , p. C2 , www. legations of past racial profiling. washingtonpost.com/blogs/reliable-source/wp/2013/10/ 29/barneys-racial-profiling-case-gets-more-complicated- Hensley , JJ , “Documents: MCSO, ACLU differ on how to for-jay-z-new-york-attorney-general-investigating /. resolve racial profiling case,” The Arizona Republic , Aug. Fans of Jay Z, who has a holiday promotion deal with 24, 2013 , p. B4 , www.azcentral.com/news/politics/articles/ Barneys, are pressuring the African-American superstar to 20130823mcso-aclu-racial-profiling-case.html . sever his ties with the luxury retailer over a recent incident Maricopa County Sheriff’s Office lawyers filed documents of alleged racial profiling of a black shopper. in the county’s 2007 racial profiling case arguing against a court-ordered monitor and suggesting that a proposed com - Gale , Daryl , “The high price of racial profiling,” The munity advisory board will become “a political tool.” Philadelphia Tribune , Nov. 1, 2013 , www.phillytrib.com/ localopinion/item/11498-the-high-price-of-racial-profil Skoloff , Brian , “Judge orders monitor in Ariz. sheriff ing.html . profile case,” The Associated Press , Oct. 3, 2013 , http:// Since recent alleged incidents of racial profiling of black bigstory.ap.org/article/judge-orders-monitor-ariz-sheriff- shoppers at Macy’s and Barneys in New York, the Internet profile-case . has been ablaze with stories from African-Americans describ - After finding that Arizona’s Maricopa County Sheriff Joe ing being followed, harassed or handcuffed while shopping. Arpaio’s office engages in racial profiling, a federal judge orders that an independent monitor and a community advisory Washington , Jesse , “Barneys case stirs talk of bias at stores,” board be appointed to ensure departmental compliance with Courier-Post (Cherry Hill, N.J.), Nov. 3, 2013 , p. A19 , www. constitutional requirements. courierpostonline.com/viewart/20131103/BUSINESS03/ 311030025 /. Religious Profiling A Rutgers University business professor who studies mar - ketplace discrimination says middle-aged white women are Abdelkader , Engy , “We can be secure without profiling,” the most likely to shoplift. Any perception that black cus - The Star-Ledger (Newark, N.J.), April 25, 2012 , http:// tomers steal more is “a reflection of who’s getting watched. blog.nj.com/njv_guest_blog/2012/04/profiling_as_in_nypd_ It becomes a self-fulfilling prophecy.” muslim_pr.html . A legal fellow with the Institute for Social Policy and Un - CITING CQ RESEARCHER derstanding, a Washington think tank, writes that in light of Sample formats for citing these reports in a bibliography revelations that the New York Police Department (NYPD) has systematically spied on Muslim-Americans, Congress include the ones listed below. Preferred styles and formats should pass the End Racial Profiling Act, which would pro - vary, so please check with your instructor or professor. hibit racial profiling by law enforcement officials. MLA STYLE Adely , Hannan , “Muslims Seek U.S. Probe of NYPD Spying,” Jost, Kenneth. “Remembering 9/11.” CQ Researcher 2 Sept. Herald News (Passaic County, NJ), Oct. 25, 2013 , p. A3 . 2011: 701-732. Religious, civil-rights and community-based organizations from across the country have asked the Department of Jus - APA S TYLE tice to open a civil rights investigation into the NYPD’s sur - Jost, K. (2011, September 2). Remembering 9/11. CQ Re - veillance of Muslim-Americans. searcher, 9 , 701-732. Mian , Rashed , “Pol: NYPD Muslim Surveillance is ‘Un- American,’ ” Long Island Press (N.Y.), Oct. 23, 2013 , www. CHICAGO STYLE longislandpress.com/2013/10/23/pol-nypd-muslim-sur Jost, Kenneth. “Remembering 9/11.” CQ Researcher , Sep - veillance-is-un-american /. tember 2, 2011, 701-732. New York State Sen. Kevin Parker, D-Brooklyn, chided the

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