Home » Take Action » Become a Student Activist » Case of the Month Archives » November 1999
Legal Issues in the Rossano Gerald Racial Profiling Case
The legal issues in Gerald v. Oklahoma Department of Public Safety, and other race based traffic stop cases, stem from the discriminatory practice of racial profiling, which is the practice of substituting skin color for evidence and a basis for suspicion by law enforcement officials. Fueled by the "War on Drugs," the police stop people who they think fit a "drug courier" or "gang member" profile. However, that war has sometimes spawned racist profiles of drug couriers, and law enforcement officials in some instances stop drivers based solely on the color of their skin.
Unreasonable Search and Seizure
According to the Fourth Amendment to the Constitution, persons are protected against unreasonable searches and seizures. That is, the police cannot stop and detain an individual or search his or her property without probable cause, or at least reasonable suspicion, that the subject is or has been involved in criminal activity. Gerald was subjected to a lengthy detention and search without probable cause or reasonable suspicion that he had committed any crime.
Since recent Supreme Court decisions permit police to use traffic stops as a pretext to search for evidence, more and more minorities are being pulled over on the pretense of a minor traffic infraction. They are then subsequently detained and searched unlawfully.
Equal Protection
The Fourteenth Amendment to the Constitution states that no person shall be deprived of life, liberty, or property, without due process of law and guarantees that all persons are afforded equal protection of the laws. As a result of the actions of the Oklahoma troopers, Gerald and his son were deprived of their fundamental right to liberty and their right to be free from unlawful searches and seizures. As the Geralds were deprived of their rights due specifically to their status as minorities, they were discriminated against and therefore denied equal protection of the laws.
Right to Travel
The Commerce Clause and the Privileges and Immunities Clause of Article Four of the Constitution, as well as the Fourteenth Amendment, guarantee individuals the right to travel. The Geralds were penalized and deterred in the exercise of their fundamental right to interstate travel and migration due to their minority status.
Title VI of the Civil Rights Act of 1964
According to Title VI of the Civil Rights Act of 1964, no person should "be subjected to discrimination under any program or activity receiving federal financial assistance." The federal government funds much of the drug interdiction programs at the state level. And as the drug interdiction methods employed by the Oklahoma troopers were based on race discrimination, the Geralds were subjected to discrimination under a program receiving federal financial assistance in violation of Title VI of the U.S. Civil Rights Act.
