Thread: A proposal
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First recorded activity by BoatBanter: Oct 2020
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Default A proposal

On Tuesday, April 20, 2021 at 7:27:30 PM UTC-4, John H wrote:
On Tue, 20 Apr 2021 07:20:01 -0400, "Mr. Luddite" wrote:

On 4/20/2021 6:51 AM, John wrote:
On Tue, 20 Apr 2021 06:30:56 -0400, "Mr. Luddite" wrote:


Been thinking about the race related violence and deaths that seem to be
constantly in the news. The media is fixated on the issue of racial
profiling of minorities, especially black folks who are often being
singled out for stopping by police for minor traffic infractions that
escalate into arrests, resisting and too often violence that result in
deaths.

My thought:


When a officer stops a vehicle for a minor traffic infraction,
he or she runs a "check" via radio on the driver's (and sometimes
passenger's) license or ID. That check automatically includes a
search for any outstanding warrants for that person. If a warrant
exists, the person is often cuffed and arrested .... not for the
minor traffic infraction that they were stopped for ... but for
the outstanding bench warrant.

This often turns into resisting arrest with violent results.

This is standard operating procedure for law enforcement.
Not blaming them ... it's just "how it's done".

Maybe that needs to change.

What if outstanding warrants were not automatically included in
the "check" at the time of the vehicle being stopped?

The stop should be only related to the crime or infraction that caused
the police to stop the person, be it for speeding, a broken
tail light or whatever. It should not be an excuse to check for
anything else, based on the officer's suspicions.

If a person has an outstanding warrant, the search for him or her
is a different issue altogether and other means of apprehending
the person should be used, specifically with the warrant being
the issue.

If the warrant is for a violent crime, it's knowledge might be very useful.


I understand but if there is a warrant issued for a violent crime it
should be under investigation and pursuit by other means.

It very well could be.
Some kind of compromise is needed to stop the "profiling" concerns.

It's also consistent with law that a stop for one infraction isn't
cause for arrest for another. A database search is convenient but
not necessarily legal, especially if the initial infraction is a
busted taillight.


Do they issue warrants for such offenses? I can see nothing illegal in searching
the law enforcement's data base for warrants.


So it's not legal to make sure a person that is breaking the law is not under an
active warrant for breaking another law/? WTF?

"It's also consistent with law that a stop for one infraction isn't cause for arrest
for another."
Again, WTF? The cause for arrest is the INITIAL warrant for the first infraction,
not the stop. The stop just brought the individual to the attention of law enforcement.
They had been evading law enforcement until that point.