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.

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.

The SCOTUS disagrees with you. Once you are on the side of the road
the court has given cops great latitude in what they can do.
These are just a few of the cases I researched

ILLINOIS v. CABALLES dog can search your car on a traffic stop
http://caselaw.lp.findlaw.com/script...s/543/405.html

Terry v. Ohio, stop and frisk

BERKEMER v. McCARTY Cop can ask questions on a traffic stop without
Miranda like have you been Drinking? but it doesn't have to stop
there.

MARYLAND v. WILSON Everyone can be told to get out and be searched

In the process of any of this if something illegal is found, you can
be arrested.

As for the computer search, that horse left the barn over 2 decades
ago when cops got laptops in their cars. Now they are hooked to
license plate scanners and it is likely the cop knows the owner has a
warrant before he even stops the car.
Then the question would be whether knowing the owner has a warrant PC
to stop a car.
OTOH I have never known a cop who said he couldn't find a reason to
pull a car over if he wanted to. There are equipment violations people
commit all the time (I.E most license plate rings are illegal). It is
also hard not to commit some kind of traffic offense if they watch you
long enough and there is always the ubiquitous "weaving".
At the end of the day it is always your word against the cop on a
traffic stop anyway. RADAR guns don't even log anything. It said what
he says it said.

They also understand a guy like you might have a lawyer on speed dial
and the resources to pursue it so they are not as likely to target
you. Is that profiling? Maybe.
A guy with warrants and a public defender is not getting that kind of
sympathy