Author Question: Stops based on race alone are not valid, but there is disagreement whether race can be taken as one ... (Read 21 times)

newyorker26 · **on:** Aug 16, 2018

Stops based on race alone are not valid, but there is disagreement whether race can be taken as one factor in determining reasonable suspicion for a stop. Under what circumstances should race be allowed as one factor in determining reasonable suspicion for a stop? Give an example to support your conclusion.

What will be an ideal response?

Question 2

The Court has held that probable cause is necessary for a stationhouse detention accompanied by interrogation (as opposed to just fingerprinting) even if no expressed arrest is made. Do you agree with this holding? Support your position.

What will be an ideal response?

Zack0mack0101@yahoo.com · **Reply #1 on:** Aug 16, 2018

Answer to Question 1

Race should be allowed as one factor in determining reasonable suspicion for a stop,
as long as it is not the primary reason. For example, if the driver of a vehicle is
white, and the vehicle is in an all-black neighborhood, on a street known for drug
trafficking, and the officer sees the vehicle at 3:00 a.m. driving without headlights on,
the officer probably cannot determine the ethnicity of the driver before the stop.
The white man's presence in that neighborhood is just one piece of the reasonable
suspicion puzzle.

Answer to Question 2

I agree with the holding. A police station can be an intimidating environment.
Taking somebody from his/her home or work to a police station for questioning can
also be highly embarrassing, and lead others to draw unfair conclusions, even if no
charges are filed.