The act of racial profiling goes against California law, as well as the United States Constitution. It is wrong, and the cops should not be doing it in California or anywhere else in the United States. However, the police often do form a bias opinion of people based on their ethnicity or the color of their skin. It can be disheartening for a person in California to fall victim to this abuse. He or she should know that it is considered to be police misconduct. The cops cannot target an individual because of their own prejudices.
What Is Racial Profiling?
California Penal Code Section 13519.4 specifically defines racial profiling as “the practice of detaining a suspect based on a broad set of criteria which casts suspicion on an entire class of people without any individualized suspicion of the particular person being stopped.”
Simply put, the targeting of someone by the police based on his or her race, ethnicity or nationality is racial profiling. Racial profiling means the cops are assuming a certain person is more likely to take part in criminal activity just because of the color of his or her skin.
According to Findlaw.com, racial discrimination occurs when someone is treated unequally by law enforcement because of his or her race. The U.S. Constitution and the Civil Rights Act of 1964, however, ensure that someone’s chances in the pursuit of happiness are not damaged by their race.
When Can Racial Profiling Occur In California?
In California, it is not uncommon for African-Americans, Hispanics, Asians and other races to be targeted by the police. Racial profiling often occurs during traffic stops, pedestrian stops, car searches and even leads to arrests. In fact, the cops often are guilty of pulling someone over just because he is black. However, the Fourth Amendment of the Constitution states a person has the right to be free from searches and seizures that are unreasonable. This means there must be a probable cause when the police decide to pull someone over, search a vehicle, conduct a body search for weapons, or make an arrest.
HELP! I Am A Victim Of Racial Profiling
The cops can’t approach a group of black men on the street because they “look suspicious.” The cops can’t pull a Hispanic man over just to see what is in his vehicle. Yet, this activity, which is racial profiling or racial discrimination, occurs each day in California. Maybe, it has happened to you? Were you stopped and searched based simply on the color of your skin? Perhaps, you even were harassed by the cops based on your race? Know that racial profiling in California is illegal! If you believe your rights under the United States Constitution have been violated, contact my office today. Your situation may call for a lawsuit. I can help you fight the racial profiling that has taken place.