Racial Profiling?

Question

7 years ago in 2000, I was arrested by the FBI. This was BIG news for my small, “non-ethnic” NJ town. Since release from Federal Prison (18 months white-collar crime), I’m a model citizen and a community leader: Associate’s degree, Bachelor’s Degree from FDU (Summa *** Laude) pursuing my Master’s Degree at 38 yrs old.

Today, arrested by a police officer who has it “out for me”. Went to Commerce Bank where a car accident (not me) in front entrance. 2 officers were on the scene. Walked past both into bank; 5 mins later, went to my car (25 ft) opened door when this officer appeared behind scaring me, saying “you have a warrant for your arrest”. Instant response “are you stalking me? How do you know this?” replied “and your license is suspended”. Quick facts: car registered in husband’s name; knew Officer from contact 7 years ago. Each time he sees me out (w/kids, wherever) runs warrant check. Warrant issued while in prison in my company name so he had to REALLY dig for this.(more)

Anyone know about racial profiling (I’m black).

Not drawing any attention to myself nor involved in any suspected criminal activity, this cop continues to abuse his powers inflict trauma on my life.

Cop and his Sergeant had the nerve to tell husband “your wife is famous around here…people like her we always run a warrant check when we see them”. Had an asthma attack in cold cell without any observation. When I made bail, I couldn’t walk because I couldn’t breathe, the cop was so rude he yelled at me and told another officer “call the MICU, have them transport over to the hospital since she doesn’t seem to want to leave here”.

Let this go? then you don’t understand what it is to be black and a target. I’ve earned right to live freely and the pursuit of happiness just like anyone else. They “know me”, but failed to remember 5 months ago being in the paper as Chair for FDU Kares for Kids raising $50k for Children’s hospital.

To clarify my question: If anyone is aware of "racial profiling". Remember, I was walking into/out of a bank, unaware of any warrants. For a cop to run my record and driver's license on the basis that in the past he knew of a crime is no basis for today. How violated would you feel if everytime you're out a warrant check was ran on you? Whether there was a warrant or not, you're still violated. I'm happy to know about it because it was missed while I was away and now behind me, I still hold my head high. -- think probable cause otherwise, you're a target of recklessness also.

I guess I have the need to "clarify" once again. To the poster who wanted to speak about my grammar -- try to write my story using 1,000 words or less -- obviously I had to abbreviate and leave words out thinking an intelligent audience would get the jist. For those posters who don't live in a fantasy world where all cops are "legit" and everytime you're released from prison they "catch" every warrant (guess he didn't read the part about it being in my company's name not mine), please offer your advice. For the one who thought I "faked an asthma attack", I've been on life support 3 times for severe asthma, take theophylline 250 mg, 2x a day. Wow people REALLY DO hold your past against you I see. For those I need to PROVE things to, I will do my best (look for my name, Penelope Smith)
https://www.ccm.edu/c_students/CLU/CLUJan192005.pdf
http://view.fdu.edu/files/binder1.pdf
http://www.gsea.org/news/gsea-pa-nj-regional-finals-at-villanova/
http://www.ccm.edu/campuslife/TheYoungtown

1. In response to "warrants can't be issued in companie's name"... -- exactly, which is why I was completely FLOORED when the paperwork I was handed had the State of NJ vs. my company!
2. the FTA (that's failure to appear) happened while I was incarcerated (for the other poster who just thought I'd recklessly didn't go to court);
3. and my license isn't suspended -- it expired. I just got married.
4. I wrote "racial profiling?" with a question mark because I didn't know the name for it.
5. If you think that cops can simply run a person's name without probable cause think again; you guys made me google some stuff, although not completely the same, it's similar: http://www.state.hi.us/jud/24187sdo.htm
6. Interesting how quick almost everyone was to judge and assume. I couldn't be a person who committed a crime 7 yrs ago, who came out and devoted their life to their community and their family right? -- wrong; absolutely I am. Back to police officers who illegally "profile"

Answer 1

You being black had nothing to do with your name being run. Your profession has nothing to do whether or not your name can be run now. You being married has nothing to do with your license being expired.

The officer knew you from prior contacts and ran your name. You had a warrant. He arrested you. That's procedure. In fact, a warrant is a direct command from a judge to law enforcement to take someone into custody.

Yes, the police CAN run your name without any cause. They can also run your driver's license and your car's license plate without any cause. It's that simple.

The case you provided (State of Hawaiii v. Lopes) is a Hawaii state case, and does NOT rule a warrant check has to be done only when probably cause exists. That language is not in the ruling. In fact, the evidence was suppressed due to what the appeals court thought was an extended illegal detention. Reading the entire case, you can see the issue is whether the officer unnecessarily and illegally detained the defendant due to the time she was held.

Quoting from the case: "Detaining Lopes beyond the objective of investigating the incident for the purpose of doing a warrant check exceeded that degree of intrusion absolutely necessary under the circumstances of this case. See State v. Silva, 91 Hawai`i 80, 81, 979 P.2d 1106, 1107 (1999); State v. Barros, No. 23755 (Haw. June 20, 2002). Accordingly, that part of the detention related to the warrant check procedure constituted an unreasonable seizure under article I, section 7 of the Hawaii`i Constitution. Inasmuch as the alleged drug and paraphernalia were fruits of the illegal detention,...."

Of note in that paragraph is the phrase "under the circumstance of THIS CASE." Also of important note that DRASTICALLY differs from your circumstance is she was being held at the police station. You were seen on the street and your name was run. There is no detention or seizure of anybody when a police officers simply runs your name.

Finally, no matter what wonderful things you have done since your crime, they do not absolve you for taking care of the consequences of that crime, even seven years later. I often see people that I have arrested do time and change their life around. And often, when they come back from jail, they still have to deal with "leftovers", the fines and warrants for other crimes they committed before their life change. Those who want to continue their new life take responsibility for these things and continue forward.

I applaud you for changing your life around becoming something. However, I caution you not to hold this chip on your shoulder; it will only cause you to dwell on your past instead of your future.

I will ad I am a bit suspicious of the "racial" motivations of someone who chose the name "Zion in Dust"

Answer 2

The link you posted is very interesting. But I disagree with it very much. Police should be allowed to do a warrant check ANY TIME for ANY REASON on ANYONE. This is a safety issue. Should a police officer be forced to talk to someone when that person has a warrant for homicide and let that person walk away because he wasn't a suspect (and therefore not ALLOWED to run a warrant check)? Thats ridicuolous.

It does sound like the police are still a little ticked at you. But you DID have a warrant (sort of). I would just take care of the warrant. And then move somewhere else and start over.

Good luck.

Answer 3

Obviously there's a problem with your story here. Either you are now a law abiding citizen or you are not. If you are then why the active warrant? You knew full well about the warrant and suspended license. A suspended license is completely different from a vehicle registered in another person's name. You were hoping not to get caught on it. Stop trying to blame others for your mistakes and misfortune. If you truly want to reform then accept what you have done, pay the penalty, and move on with your life.

Answer 4

1. no he did not have to dig for any warrants, if and when they run a warrant check on a person, the dispatcher at the station and/or the computer in his car will merley show any open warrants to that name, it will list any alias, and warrrants for people using that name as a alis. So it would take about 10 sec to find that warrant.

If the warrant was active, and had never been cleared, he had every right to stop and detain you till they checked to see if the people issing the warrant wanted you held.

And warrants are isssued in peoples name, not company names, companies can not be arrested.

Answer 5

so let's narrow this down. you are a criminal. you now have a warrant and no license. the cop found this out by running your name (common police work). you fake an asthma attack in a cell to try and make the system look bad. now, it is because your black? you did have the warrant did you not? you license was suspended was it not? how is this racial then? you were guilty then, you are guilty now. quit trying to blame others for your problems. fix your license, fix the warrant, quit commiting crimes and BOOM...no more profiling. AND WHY WOULD I WATCH FOR YOUR NAME? I HAVE BETTER THINGS TO DO THEN TO WATCH IF SOME POSER MAKES IT BACK TO EVEN. AND, COPS CAN RUN YOUR NAME WITHOUT PROBABLE CAUSE...IT IS CALLED REASONABLE SUSPICION. I THINK I KNOW THE PERSON, I THINK THEY DON'T HAVE A LICENSE. BOOM I'M RIGHT. I DO IT ALL THE TIME.

Answer 6

You claim to have graduated 'with highest honors' (aka summa *** laude) but you display a complete lack of grammar in your second paragraph. You also claim the officer runs a warrant check EVERY time he sees you, but the warrant issued while you were in prison (then why were you released?) didn't show up until this time. This makes NO sense whatsoever. Even if the officer IS 'out to get you', it sounds more like CRIMINAL profiling than racial profiling.

Answer 7

Its not stalking. I run everyone I come in contact with , and all of the parolees in my area. Understand we have computer databases that tell us exactly where all the parolees and warrant holders live.

He may have run a warrant check and found some. He then printed out pics to familiarize himself with them.

I do it all the time. I roll around with 10 or 15 different pics for parolees and suspects with warrants at all times.

We can look up anyone we want. Its not invasion of privacy, its proactive policing and it works very well.

Answer 8

It makes me sick to my stomach to hear people like you whine about law enforcement DOING their jobs.

It IS NOT racial profiling. You are a known criminal, it is normal procedure when such a person is observed in public to check them for outstanding warrants.

You had a warrant and were lawfully arrested.
The warrant isn't the officer's fault, it's yours.
He did his job. Quite well, I might add.

Accept responsibility for your actions and criminal past (and present). Quit trying to blame others for your failures and criminal history.

I know your mindset will not fathom what I'm talking about. You'll go through life with your blinders on and blame others for everything that happens to you.

I noticed you failed to mention what felonies you committed and went to prison for.

Answer 9

Well if what your saying is true contact a lawyer. If you don't think a lawyer can help then you must not think what they are doing is wrong. I mean why come on here asking if your doing everything right then contact a lawyer but I don't see how any cop can arrest you on a warrant if you didn't have one and if you did have one then you should be arrested.

Answer 10

If things are the way you have written here, it does not sound like racial profiling. It's more like a personal vendetta. Was this officer's life negatively affected (career, finances, relationships, etc) by the case you went to federal prison for?

If you believe that this officer is targeting you for harassment, you do have rights! Contact the Chief of Police and make a formal complaint.

If he were doing this to most of the African-Americans in his jurisdiction, that would be racial profiling, treating people differently due to race or national origin. This might be personal (not due to race or national origin), and therefore, not racial profiling!