Pubdate: Wed, 24 Sep 2003 Source: Dispatch, The (NC) Copyright: 2003, The Lexington Dispatch Contact: http://www.the-dispatch.com/ Details: http://www.mapinc.org/media/1583 Author: Rachel Leonard Bookmark: http://www.mapinc.org/racial.htm (Racial Issues) LAWYER: CLIENT WAS RACIALLY PROFILED A Mocksville lawyer representing a Hispanic man charged with cocaine trafficking has filed a motion to dismiss that charge in light of allegations from top Davidson County sheriff's deputies that they were ordered to employ racial profiling in making traffic stops. Lori Hamilton-Dewitt argues that the constitutional rights of her client, Fermil Arrez Vargas, were violated in March when deputies stopped and searched the vehicle in which he was riding. Deputies found more than 400 grams of cocaine hidden in the vehicle's battery, sheriff's reports state. In her motion, filed Monday in Davidson County Superior Court, Hamilton-Dewitt asks the court to suppress evidence seized during the stop and to dismiss the charge. The motion includes excerpts from the affidavits filed as part of the district attorney's petition to permanently remove suspended Sheriff Gerald Hege from office. In those affidavits, top deputies describe how they were ordered to stop anything "darker than snow," especially Hispanics. It's doubtful Hamilton-Dewitt's motion will be the last to allege racial profiling by sheriff's deputies. Lexington lawyer Carlos Jane, who represents Vargas' co-defendant, Misael Chavez Rodriguez, said Tuesday he plans to file similar motions on behalf of Rodriguez and at least half a dozen other clients. Jane said he often files motions to dismiss on grounds of alleged illegal stops, but the affidavits give him more ammunition. "Now that we have this, that might bolster those arguments," he said. Jane said he had already filed a motion to dismiss Rodriguez' case, but he plans to supplement that motion with information from the affidavits. Vargas and Rodriguez, the car's driver, were arrested March 21 following a traffic stop on Interstate 85. Davidson County sheriff's deputy Mark Vanzant and Iredell County deputy Jay Tulbert said they stopped the car for weaving from lane to lane and received consent to search the vehicle. Deputies found seven packages of cocaine and a bag off marijuana seeds hidden in the car's battery, according to sheriff's reports. Rodriguez and Vargas were charged with drug offenses but no traffic violations. In the motion, Hamilton-Dewitt does not dispute that drugs were found in the car. Instead, she questioned the legality of the vehicle stop and subsequent search and seizure that uncovered the drugs in light of the new allegations. Racial profiling violates not only state law, she said, but also the Fourth Amendment to the U.S. Constitution, which protects against unreasonable search and seizure, and the Fourteenth Amendment, which guarantees all citizens equal protection under the law. "Rarely is the defendant privy to the private declarations of the secret and unwritten policies within a law enforcement agency," she said. "In (Vargas' case), however, clear cogent and convincing proof exists to show the policy of the Davidson County Sheriff's Office was to regularly practice racial profiling especially, but not exclusively, along the Interstate 85 corridor and to target minorities, including Hispanics, for pretextual stops." District Attorney Garry Frank said this morning that he not yet filed a response to the motion and declined to comment on whether the allegations could force his office to dismiss any cases. "We'll just have to take the cases as they come and try to do justice," he said. Frank had to drop more than 70 charges against approximately 30 defendants last year after three Davidson County sheriff's deputies were arrested on federal drug charges. Jane hopes the new allegations will lead to dismissals against his clients, regardless of whether drugs were found in their possession. "Just because things were found doesn't make it a valid seizure," he said, using Hamilton-Dewitt's argument. "They still have due process," he said. They still have constitutional rights .. that's what makes us a democracy." - --- MAP posted-by: Doc-Hawk