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What is racial profiling and how can you combat it?

Racial profiling is the practice of targeting, suspecting or discriminating against an individual because of their race or ethnicity. It can occur in many settings, such as retail, housing or employment, but it is most common in law enforcement.

According to the American Civil Liberties Union, 41 percent of Black Americans state that they have been stopped or detained by officers due to their race. However, racial profiling can affect anyone, including Hispanics, Asians, Muslims, and so on.

If you have been a victim of this discriminatory practice, here’s what you need to know.

What is considered racial profiling?

It is important to know the difference between racial profiling and proper police work. The biggest determinant is probable cause.

Probable cause is a reasonable belief that a crime has been, is being or will be committed, based on specific facts or circumstances. Police must have probable cause to justify arrests, search warrants, traffic stops and other actions.

For example, an officer who spots a vehicle swerving may have enough probable cause to do a traffic stop. Courts may not consider an action as racial profiling if there is probable cause.

It may also not be racial profiling if an individual fits a suspect’s description. Suppose the suspect is ‘Asian, 6 feet tall and wearing a red tracksuit.’ If the police stop someone based on that description, they may not be doing so simply because of the person’s race.

How do you know if the police are racially profiling you?

Racial profiling may not be immediately obvious. However, here are potential indicators that might suggest it:

  • The police stop you without a clear, articulable reason
  • The level of police action seems excessive for the situation
  • The officer asks irrelevant questions about your immigration status, nationality or ethnicity

While these might be signs of racial profiling, they don’t prove it conclusively. If you believe that is the case, stay calm and cooperate. Document the details, including the time, location and the officer’s name and badge number.

Can you sue the police for racial profiling?

Yes, but it is often challenging. Nevertheless, you can file federal or civil lawsuits, particularly:

  • Section 1981: Protects you against discrimination by government officials.
  • Section 1983: Protects your civil rights.

In any case, it is advisable to work with a civil rights attorney who is familiar with such scenarios. Legal counsel can help you understand your rights and build the strongest defense possible.