Barry Kamins (Photo by Rick Kopstein). Exclusionary Rule Applied for the First Time to Racial Profiling
This article discusses the recent Appellate Division, Third Department decision in 'People v. Jones', where the court held that the exclusionary rule can be applied to a racially motivated traffic stop even where a police officer has probable cause to believe a traffic infraction was committed. In doing so, the court has held that the state Constitution provides broader protection than the federal Constitution with respect to pretextual traffic stops.
December 05, 2022 at 10:00 AM
9 minute read
Twenty-six years ago, in Whren v. United States, 517 U.S. 806 (1996), the Supreme Court held that, where a police officer has probable cause to believe a traffic infraction has been committed, the stop is lawful under the Fourth Amendment even though the underlying reason for a vehicular stop might have been to investigate some other matter, or even if it was predicated on racial profiling. The court rejected any effort to tie the legality of an officer's conduct to his or her primary motivation or purpose in making the stop, deeming irrelevant whether a reasonable police officer would have made the stop.
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