Pubdate: Thu, 05 May 2005
Source: Arizona Republic (AZ)
Copyright: 2005 The Arizona Republic
Contact:  http://www.arizonarepublic.com/
Details: http://www.mapinc.org/media/24
Author: Michael Kiefer
Bookmark: http://www.mapinc.org/racial.htm (Racial Issues)
Bookmark: http://www.mapinc.org/topics/charges+dropped

STATE HIGH COURT SAYS RACIAL PROFILING CAN GET CASES TOSSED

The Arizona Supreme Court ruled Wednesday that criminal charges can be
dropped in cases where police officers stop motorists because of their
race.

Justice Andrew Hurwitz wrote in the unanimous decision that a state
can neither write laws that apply only to people of certain races, nor
selectively enforce the law according to race, a practice commonly
referred to as racial profiling.

"A state can no more make 'driving while Black' a crime by means of
its enforcement than it could by express law," he wrote.

The ruling comes out of 2001 and 2002 cases involving Black and
Hispanic motorists on Interstate 17 who were stopped for supposed
traffic violations and found to be carrying illegal drugs.

Flagstaff attorney Lee Brooke Phillips got several similar cases
involving Black and Hispanic motorists on Interstate 40 thrown out of
Coconino County Superior Court by alleging racial profiling on the
part of state Department of Public Safety officers. DPS was not able
to produce records regarding the traffic stops, and the cases were
dismissed.

Phillips made the same argument with three cases in Yavapai County
Superior Court. He asked the state to pay for an expert who would
compile statistics to show a disproportionate number of stops of
minority motorists. The judge denied the request, arguing that racial
profiling was no defense against criminal charges.

"She (the judge) ruled that the officers' motives were irrelevant as
long as there was a traffic violation," Phillips said.

Phillips took the question to the higher court, and the Yavapai County
case was put on hold pending a decision.

Phillips also filed a class-action civil lawsuit against DPS, accusing
the agency of racial profiling. Although DPS admitted no wrongdoing,
it entered into a settlement in February, promising to gather data and
take measures to avoid the practice.

Wednesday's Supreme Court decision sent Phillips' case back to Yavapai
County Superior Court. The high court did not dismiss charges because
of racial profiling; it ruled that such a dismissal is possible on
constitutional grounds if the racial profiling allegations are proven
in court, which Phillips has not yet done.

The trial of the three defendants in the drug case can now continue.

"We thought it was a thoughtfully written opinion, and we think the
Supreme Court has provided standards to guide the Superior Court on
when an expert witness should be appointed," said Andrea Esquer, a
spokeswoman for the Arizona Attorney General's Office.
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MAP posted-by: Larry Seguin