On Monday, the Supreme Court delivered a decision that can change the way that law enforcement deals with discrimination in a not-so-fun way. The 5-3 decision declared that any outstanding warrant found on a person could be used in court- even if this person was stopped and searched for no apparent reason. In the past, even if something was found, it could not be used in court if the officer stopped the participant without a justifiable cause. Now, the rules have changed and of course,the new law is not in favor with those of color, who are often stopped and searched anyway based on discriminatory factors.
To put this in perspective, let’s consider a scenario. Say a young black man was walking to his favorite coffee shop on his day off. He wasn’t heading to work that day, so his clothes were a bit more casual, his stroll a bit more relaxed. Let’s also say that an officer just so happened to see this young man and because of his appearance deemed him ‘intimidating’ and ‘troublesome’. In the officer’s eyes, the young man walked too slow, his shirt too long, his pants too baggy. Even if this officer had no other reason to stop him besides that trusty gut instinct of his, the officer could still do as he pleased and get away with it. Matter of fact, say that the officer found nothing on the young man at the time but just couldn’t let go of that uneasy feeling. So the officer demands the young man to wait as he quickly searches his database, and sure enough, the officer finds a single unpaid traffic ticket under his name. It doesn’t matter if the young man was just about to pay it when he returned home, that officer now has all the reason to charge this young man even if we remember that in the beginning, he had no knowledge of this ticket- no apparent reason to stop and search this man. Now, does that sound fair to you?
Personally, this doesn’t sit right with me. I know, I know criminals are criminals are criminals, and by any means necessary law enforcement should be able to charge anyone that has committed a crime. But this law seems to violate basic human rights. So you’re saying that you can just stop and search me because you feel like it? And this wrongdoing can be overturned in court because of whatever you found AFTER you decided to violate my personal privacy.
This law has the possibility of invoking even more discrimination by law enforcement because I have no doubt that some will use personal bias and opinion to stop and cease people of color. The searching of innocent people has been going on under our noses for years, but now this action is legal and its legalization will only fuel more flawed stops and searches because, hey you have nothing to lose now.
#Sotomayor takes swing at police conduct with her minority dissent in #UtahvStrieff https://t.co/1gTJRnTb3L
— Scotus (@Scotus) June 21, 2016
I’m not the only one that has expressed their utter disgust and fear that this ruling has brought, Sonia Sotomayor is one of many that has spoken out in the ruling’s wake. The ruling serves as a means to protect privilege and further step on the rights of people of color. Hispanic and Black parents alike will all face that day when they warn their sons and daughters of the boys in blue, and to imagine a scenario where law enforcement can legally stop and detain someone based on how they’re feeling and confirm a parent’s worse nightmare is terrifying. I fear for the hundreds of people that will experience these unjust stops in the coming weeks, months, and years; especially for my friends of color because we all know who they’re targeting on these “random” searches. Sometimes America disgusts me.
