Political Wrinkles  

Go Back   Political Wrinkles > Political Forums > Law & Order
Register FAQDonate PW Store PW Trivia Members List Calendar Search Today's Posts Mark Forums Read

Law & Order Discuss Mass. High Court Says Black Men May Have Legitimate Reason To Flee Police at the Political Forums; Black men who try to avoid an encounter with Boston police by fleeing may have a legitimate reason to do ...

Reply
 
Share LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 09-26-2016, 04:53 PM
foundit66's Avatar
Moderator
 
Join Date: Oct 2007
Location: California
Gender: Male
Posts: 25,620
Thanks: 10,112
Thanked 15,314 Times in 9,285 Posts
Post Mass. High Court Says Black Men May Have Legitimate Reason To Flee Police

Quote:
Black men who try to avoid an encounter with Boston police by fleeing may have a legitimate reason to do so — and should not be deemed suspicious — according to a ruling by the Massachusetts Supreme Judicial Court.

Citing Boston police data and a 2014 report by the ACLU of Massachusetts that found blacks were disproportionately stopped by the city's police, the state’s highest court on Tuesday threw out the gun conviction of Jimmy Warren.

Warren was arrested on Dec. 18, 2011, by police who were investigating a break-in in Roxbury. Police had been given a description of the suspects as three black men — one wearing a “red hoodie,” one wearing a “black hoodie” and the other wearing “dark clothing.” An officer later spotted Warren and another man (both wearing dark clothing) walking near a park. When the officer approached the men, they ran. Warren was later arrested and searched. No contraband was found on him, but police recovered an unlicensed .22 caliber firearm in a nearby yard. Warren was charged with unlawful possession of a firearm and later convicted.

In its ruling, the court made two major findings: The justices said police didn’t have the right to stop Warren in the first place, and the fact that he ran away shouldn’t be used against him.

On the first point, the court said the description of the break-in suspects’ clothing was “vague,” making it impossible for police to “reasonably and rationally” target Warren or any other black man wearing dark clothing as a suspect. The court said the “ubiquitous” clothing description and the officer’s "hunch" wasn’t enough to justify the stop.
"Lacking any information about facial features, hairstyles, skin tone, height, weight, or other physical characteristics, the victim's description 'contribute[d] nothing to the officers' ability to distinguish the defendant from any other black male' wearing dark clothes and a 'hoodie' in Roxbury."
On the second point, the court noted that state law gives individuals the right to not speak to police and even walk away if they aren’t charged with anything. The court said when an individual does flee, the action doesn't necessarily mean the person is guilty. And when it comes to black men, the BPD and ACLU reports “documenting a pattern of racial profiling of black males in the city of Boston” must be taken into consideration, the court said.
"We do not eliminate flight as a factor in the reasonable suspicion analysis whenever a black male is the subject of an investigatory stop. However, in such circumstances, flight is not necessarily probative of a suspect's state of mind or consciousness of guilt. Rather, the finding that black males in Boston are disproportionately and repeatedly targeted for FIO [Field Interrogation and Observation] encounters suggests a reason for flight totally unrelated to consciousness of guilt. Such an individual, when approached by the police, might just as easily be motivated by the desire to avoid the recurring indignity of being racially profiled as by the desire to hide criminal activity. Given this reality for black males in the city of Boston, a judge should, in appropriate cases, consider the report's findings in weighing flight as a factor in the reasonable suspicion calculus."
The SJC concluded that police lacked reasonable suspicion for an investigatory stop in this case.
Mass. High Court Says Black Men May Have Legitimate Reason To Flee Police | WBUR News

Also...
Quote:
The ACLU's report found that between 2007 and 2010, 63 percent of Boston police encounters were with blacks, though at that time the city's black population was just 24 percent. Notably, the report said that taking into account high-crime neighborhoods did not explain the disparity.
But of course, if these were Montana ranchers then that would totally change the understanding of the ruling...
__________________
“Labor is prior to, and independent of, capital. Capital is only the fruit of labor, and could never have existed if labor had not first existed. Labor is the superior of capital, and deserves much the higher consideration.”
~Abraham Lincoln
Reply With Quote
  #2 (permalink)  
Old 09-26-2016, 10:05 PM
MrLiberty's Avatar
professional curmudgeon
 
Join Date: Mar 2009
Gender: Male
Posts: 30,506
Thanks: 21,953
Thanked 18,612 Times in 11,938 Posts
Default Re: Mass. High Court Says Black Men May Have Legitimate Reason To Flee Police

Quote:
Originally Posted by foundit66 View Post
Mass. High Court Says Black Men May Have Legitimate Reason To Flee Police | WBUR News

Also...


But of course, if these were Montana ranchers then that would totally change the understanding of the ruling...
Just because blacks only make up 24% of the population means nothing. If blacks are doing most of the crimes that are committed of course you will see a higher percentage of police encounters with blacks. This just shows how off course our judiciary is. They seem to think in quotas and not actual crimes committed.
__________________
Sometimes by losing a battle you find a new way to win the war.

Donald Trump
Reply With Quote
  #3 (permalink)  
Old 09-26-2016, 10:20 PM
foundit66's Avatar
Moderator
 
Join Date: Oct 2007
Location: California
Gender: Male
Posts: 25,620
Thanks: 10,112
Thanked 15,314 Times in 9,285 Posts
Post Re: Mass. High Court Says Black Men May Have Legitimate Reason To Flee Police

Quote:
Originally Posted by MrLiberty View Post
Just because blacks only make up 24% of the population means nothing. If blacks are doing most of the crimes that are committed of course you will see a higher percentage of police encounters with blacks. This just shows how off course our judiciary is. They seem to think in quotas and not actual crimes committed.
Your rant is off base.
We're talking about stop and frisk policies. If they were known to be guilty of something it would be just stop and arrest.

We're dealing with a situation where the people involved are being detained without probable cause. The judge's ruling established that the cops had no probable cause to be harassing these people in the first place.

We're talking about the actions of police BEFORE they understand whether there is any probable cause. And in that, any attempt to use what you just described would amount to RACIAL PROFILING.
__________________
“Labor is prior to, and independent of, capital. Capital is only the fruit of labor, and could never have existed if labor had not first existed. Labor is the superior of capital, and deserves much the higher consideration.”
~Abraham Lincoln
Reply With Quote
The Following 2 Users Say Thank You to foundit66 For This Useful Post:
Reply

Tags
black, court, flee, have, high, legitimate, mass, may, men, police, reason, says

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

Forum Jump


All times are GMT -5. The time now is 10:48 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2021, vBulletin Solutions, Inc.

Content Relevant URLs by vBSEO 3.2.0