Last month Justice Pierre-Louis, writing for a unanimous New Jersey Supreme Court, held that a description of robbery suspects consisting of nothing more than the race and sex of a suspect was an unconstitutional basis for an investigative automobile stop. She observed: “That information, which effectively placed every single Black male in the area under the veil of suspicion, was insufficient to justify the stop of the vehicle and therefore does not withstand constitutional scrutiny.” (State v. Nyema).
The prosecution had argued that, in addition to the description, when officers shined a spotlight into the defendants’ passing car and they did not react, and that this was “odd” or suspicious. After stopping the car, officers learned it was stolen and upon searching it, they discovered a handgun, $600 cash and dark clothes matching those worn during the robbery.
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