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Racial Profiling in Louisiana

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Racial Profiling in Louisiana RACIAL PROFILING IN LOUISIANA UNCONSTITUTIONAL AND COUNTERPRODUCTIVE II RACIAL PROFILING IN LOUISIANA RACIAL PROFILING IN LOUISIANA UNCONSTITUTIONAL AND COUNTERPRODUCTIVE © 2018 SOUTHERN POVERTY LAW CENTER About the Southern Poverty Law Center The Southern Poverty Law Center, based in Montgomery, Ala., is a nonprofit civil rights organization founded in 1971 and dedicated to fighting hate and bigotry, and to seeking justice for the most vulnerable members of society. The SPLC has offices in five Southern states, including Louisiana. For more information about THE SOUTHERN POVERTY LAW CENTER www.splcenter.org CONTENTS EXECUTIVE SUMMARY .................................................................................... 5 RACIAL PROFILING: AN OVERVIEW ................................................................ 7 HOW DOES RACIAL PROFILING UNDERMINE EFFECTIVE POLICE WORK? .......................................................................... 7 RACIAL PROFILING IN LOUISIANA .................................................................. 8 MOST LOUISIANA LAW ENFORCEMENT AGENCIES LACK EFFECTIVE POLICIES ON RACIAL PROFILING ................................................................10 RECOMMENDATIONS ......................................................................................12 ENDNOTES ......................................................................................................15 APPENDIX ...................................................................................................... 20 ACKNOWLEDGMENTS .................................................................................... 48 4 RACIAL PROFILING IN LOUISIANA Executive Summary Racial profiling – the unconstitutional practice Louisiana,11 despite evidence that black peo- of law enforcement targeting individuals due to ple and white people use marijuana at similar the color of their skin – remains an egregious rates.12 The disparities are much greater in and common form of discrimination and con- some areas: A black person was six times as tinues to taint the legitimacy of policing in the likely as a white person to be arrested by the United States. It is both pervasive1 and hard to Baton Rouge Police Department (BRPD) for prove.2 Stopping an individual merely for “driv- marijuana possession in 2016.13 Gretna, previ- ing while black” violates the U.S. and Louisiana ously labeled the “arrest capital of the United constitutions,3 but few cases have been brought States” for its sky-high arrest rate,14 continues in state or federal courts in Louisiana to chal- to target black people disproportionately for lenge racially discriminatory policing.4 Racial arrests: In 2016, black people comprised two- profiling is also problematic from a public thirds of people arrested in Gretna but only safety perspective because it undercuts effec- one-third of the city’s population.15 And 67% tive police work by damaging trust in law of the arrests of black people in Gretna were enforcement.5 for the nonviolent offenses of drug possession Racial profiling is likely a major driver of (not sale), drunkenness, disorderly conduct, Louisiana’s high incarceration rate. Although and other offenses that the FBI does not track Oklahoma has now surpassed Louisiana as the due to their relatively minor nature.16 world’s No. 1 incarcerator,6 Louisiana remains a The death of Alton Sterling, a 37-year-old close second.7 By expanding the pool of people black man, at the hands of two white BRPD offi- who come under police surveillance, racial pro- cers on July 5, 201617 highlighted decades-long filing leads police to refer a disproportionate tensions in Louisiana’s capital over police treat- number of people of color for criminal prose- ment of Louisianans of color, especially African cution, often for low-level crimes such as drug Americans. From the department’s crackdown possession.8 on civil rights marchers in the 1960s,18 to its Police officers’ disproportionate focus on illegal searches and arrests in the aftermath of people of color means that they are dispro- Hurricane Katrina (which raised alarm bells portionately ticketed, arrested, prosecuted, among out-of-state police officers dispatched and ultimately imprisoned. In 2016, for to the city to assist with public safety),19 to its instance, black adults comprised only 30.6% militarized response to the protests over Alton of Louisiana’s adult population but 53.7% of Sterling’s death,20 the BRPD has consistently adults who were arrested and 67.5% of adults over-policed the city’s black community and in prison.9 Overall, black adults are 4.3 times violated the First Amendment rights of people as likely as white adults to be serving a felony who speak out against police brutality. If the prison sentence in Louisiana.10 BRPD ever hopes to resolve these longstanding The SPLC has found large racial disparities tensions and earn the trust and respect of the in arrest rates across the state that would be city’s black residents,21 who comprise a major- difficult to explain by different rates of crime ity of its population, combatting racial profiling commission alone. For example, in 2016, will be an essential first step. black people were 2.9 times as likely as white peo- Notwithstanding the well-known harms of ple to be arrested for marijuana possession in racial profiling in Baton Rouge and across the SOUTHERN POVERTY LAW CENTER 5 Black adults in Louisiana were nearly 3 times as likely as white people to be arrested for marijuana possession in 2016 – and 4.3 times as likely to be serving a felony prison sentence. state, both for over-policed communities and the disproportionate policing of Louisianans for public safety more generally, a surprising of color. Eliminating racial profiling must be number of Louisiana police departments do not a priority if Louisiana wants to shed its status have policies to address it. The SPLC’s investi- as one of the world’s most prolific incarcera- gation revealed that more than a third of the state’s tors. To address these harms, Louisiana law law enforcement agencies lack any policy on racial enforcement agencies must adopt and enforce profiling. And the policies that do exist usually effective policies against racial profiling and fail to explain clearly to officers what racial pro- take other steps to ensure constitutional polic- filing is and what conduct is prohibited. ing. For their parts, the Legislature and the While the much-needed sentencing reforms Louisiana Commission on Law Enforcement Louisiana began implementing in 2017 are pro- and Administration of Criminal Justice should jected to reduce the state’s prison population by institute a host of reforms to curb this uncon- 10% over the next 10 years, resulting in savings stitutional and counterproductive practice. of $262 million,22 none of the reforms focus on 6 RACIAL PROFILING IN LOUISIANA Racial Profiling: An Overview Racial profiling is a law enforcement officer’s black people sitting in a Starbucks or Native reliance – to any degree, whether the officer American students participating in a college acknowledges it or not – on race, ethnicity, tour, police should not automatically treat the color, or national origin to choose which peo- caller’s allegations as warranting a response ple to target for law enforcement action. The by law enforcement. To justify stopping or only exception is that officers may rely on arresting someone, police must make their race and ethnicity, in combination with other own independent assessment of whether the physical characteristics, to match a person situation gives rise to reasonable suspicion or to a credible and specific suspect description probable cause.25 for a particular crime. Racial profiling usually UNEQUAL ENFORCEMENT. When a law takes one of two forms, both of which violate enforcement officer observes someone commit- the U.S. Constitution: ting a relatively minor violation (e.g., speeding UNREASONABLE SUSPICION. When a law with the flow of traffic, jaywalking, or failing enforcement officer conducts a traffic or to signal a turn) and stops that person even pedestrian stop based on the belief that a per- though the officer would not have stopped a son’s race, ethnicity, color, or national origin person of a different race or ethnicity commit- raises the likelihood that s/he has committed, ting the same violation, the officer is enforcing is committing, or is about to commit a crime the law in an unequal manner. If the officer’s (for example, because that person is unlikely true motivation for making the stop was based to be driving a certain make or model of car on the person’s race or ethnicity, but the officer or is unlikely to have a valid reason to drive makes the stop on the pretext that the person or walk in a certain neighborhood), the officer violated a traffic law, this is known as a “pretex- has formed unreasonable suspicion based on tual stop.” Such stops violate the Fourteenth racial or ethnic stereotypes. This stop violates Amendment’s prohibition on intentional dis- the Fourth Amendment’s prohibition against crimination on the basis of race, ethnicity, unreasonable seizures by law enforcement. color, or national origin.26 To comply with the Fourth Amendment, the Officers are permitted to use race or eth- stop must be based on either probable cause nicity, when combined with other physical that the person has committed a civil traffic or characteristics such as gender, weight, height, pedestrian violation or infraction23 or reason- and age, to match someone
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