Landmark Racial Profiling Cases
Landmark Racial Profiling Cases
Erika J. Shorter
University of Maryland University College
CJMS 650 9040
Cole and Smith (2007) define racial profiling as, “the use of race and ethnicity as clues to criminality.” This term is commonly used to refer to police or other law enforcement officials singling out a person or group of people as “potential suspects” because of their race or ethnicity (p.98).
Terry v. Ohio
On October 31, 1963, while on a downtown beat which he had patrolled many times over a period of several years, Cleveland Police Department detective Martin McFadden spotted two men, standing on a street corner at 1276 Euclid Avenue. Detective McFadden thought that the men, John W. Terry and Richard Chilton were behaving in a suspicious manner. Detective McFadden noticed that the two men walking back and forth and stopping to stare at a particular store window. After each trip back to the window, the men stopped on the corner to talk. This ritual was performed by the men about five or six times apiece. McFadden observed that after one of the trips, they were joined by a third man. After speaking with Terry and Chilton briefly, the man left. Detective McFadden suspected that the men were planning a robbery. Therefore, he followed them. As a result, he witnessed them rejoin the third man in from of a store a few blocks away (Cole and Smith, 2007, p. 268).
Detective McFadden was not wearing a uniform. He identified himself as a police officer and asked the men their names. The men responded with an incomprehensible reply. As a result, McFadden whirled Terry around and patted down his outside clothing. McFadden then felt a handgun in Terry’s overcoat pocket. He took the handgun from Terry 's coat pocket. Then, McFadden patted the other two men down. He also found a handgun in Chilton 's overcoat. The third man, known only as Katz, was unarmed (Cole and Smith, 2007, p. 268).
Terry and Chilton were both charged with carrying concealed weapons. Before
Erika J. Shorter
University of Maryland University College
CJMS 650 9040
Cole and Smith (2007) define racial profiling as, “the use of race and ethnicity as clues to criminality.” This term is commonly used to refer to police or other law enforcement officials singling out a person or group of people as “potential suspects” because of their race or ethnicity (p.98).
Terry v. Ohio
On October 31, 1963, while on a downtown beat which he had patrolled many times over a period of several years, Cleveland Police Department detective Martin McFadden spotted two men, standing on a street corner at 1276 Euclid Avenue. Detective McFadden thought that the men, John W. Terry and Richard Chilton were behaving in a suspicious manner. Detective McFadden noticed that the two men walking back and forth and stopping to stare at a particular store window. After each trip back to the window, the men stopped on the corner to talk. This ritual was performed by the men about five or six times apiece. McFadden observed that after one of the trips, they were joined by a third man. After speaking with Terry and Chilton briefly, the man left. Detective McFadden suspected that the men were planning a robbery. Therefore, he followed them. As a result, he witnessed them rejoin the third man in from of a store a few blocks away (Cole and Smith, 2007, p. 268).
Detective McFadden was not wearing a uniform. He identified himself as a police officer and asked the men their names. The men responded with an incomprehensible reply. As a result, McFadden whirled Terry around and patted down his outside clothing. McFadden then felt a handgun in Terry’s overcoat pocket. He took the handgun from Terry 's coat pocket. Then, McFadden patted the other two men down. He also found a handgun in Chilton 's overcoat. The third man, known only as Katz, was unarmed (Cole and Smith, 2007, p. 268).
Terry and Chilton were both charged with carrying concealed weapons. Before
References: Cole, G. F., & Smith, C. E. (2007). The American system of criminal justice eleventh edition. Belmont, CA: Thomson Higher Education. Jones-Brown, D., (2010). Stop, question and frisk policing practices in New York City: A primer. John Jay College of Criminal Justice. pp. 2-33. Lerner, C.S., (2006). Reasonable suspicion and mere hunches. Vanderbilt Law Review, 59(2), 405-473. Retrieved June 25, 2012, from ABI/INFORM Global. (Document ID1076397311). Maclin, T., (1998). Terry v Ohio 's fourth amendment legacy: Black men and police discretion. St. John 's Law Review, 72(3/4), pp.1271-1321. Retrieved June 29, 2012, from ABI/INFORM Global. (Document ID: 39311866).