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Cato Podcast

Whren and Racial Profiling

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 10 June 2016

⏱️ 7 minutes

🧾️ Download transcript

Summary

The Whren case decided 20 years ago gave police wider latitude to detain people. It hasn't all been to the good. Jonathan Blanks explains.

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Transcript

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0:00.0

This is the Cato Daily Podcast for Friday, June 10th, 2016. I'm Caleb Brown.

0:06.0

20 years ago today, the Supreme Court decided Wren, the United States.

0:11.0

In that case, the court found that police can stop you for pretty much any

0:14.8

articulable moving violation.

0:17.5

The result has been profiling of all kinds, particularly racial profiling. Jonathan Blanks, managing editor of police misconduct.net,

0:26.0

describes how that profiling harms police legitimacy.

0:30.0

What did this Wren case decide the 20 years ago this month?

0:35.6

What did that case establish?

0:37.8

Wren clarified the Supreme Court's position that so long as there was an articulable reason to pull a driver over that any stop

0:46.7

was permissible.

0:48.0

So if a police officer decides that someone in a Camry looks suspicious in a neighborhood,

0:53.7

they can follow that person and wait until they break

0:56.5

one of the myriad traffic laws

0:59.2

and pull them over to further investigate.

1:01.8

Okay, so this is your tail lights out,

1:06.2

you rolled through that stop sign,

1:08.4

you were swerving in and out of lanes, you did something improper that is a moving violation.

1:17.0

Absolutely.

1:18.0

Any of those can be a reason, a legitimate reason to stop a motorist.

1:24.3

Absolutely and then from that point the police officers go to various extent to try and

1:31.0

search the vehicle for contraband, be it guns, drugs, weapons.

1:35.0

Mind if I look in the trunk.

...

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