'Motivated by the desire to avoid the recurring indignity of being racially profiled'

run_from_police

In a decision certain to influence the debate over police interactions with black suspects, the Massachusetts Supreme Court dismissed the gun conviction of a black man arrested by Boston police, ruling his fleeing from officers can be considered legitimate given black males’ fear of being racially profiled.

Jimmy Warren was arrested Dec. 18, 2011, by police who were investigating a break-in in nearby Roxbury. According to the victim, the suspects were three black men, one of whom was wearing a red hoodie, another a black hoodie and the third non-descript dark clothing. Warren was latter spotted with a second man, both wearing dark clothing, by officers.

Both men fled when approached by an officer seeking to question them. When Warren was later apprehended, he was accused of possession of an unlicensed .22-caliber pistol that police said he threw away during pursuit. While no items from the burglary were found in his possession, he was charged and convicted of unlawful possession of the weapon. Warren appealed.

The Massachusetts Supreme Court based it’s decision to overturn the conviction on two arguments. The witness description of the suspected burglars was too vague, the judges ruled, and there was no cause to question the pair just because they fit the “ubiquitous” clothing description or because the officer had a “hunch,” reported WBUR News.

“Lacking any information about facial features, hairstyles, skin tone, height, weight, or other physical characteristics, the victim’s description ‘contribute[d] nothing to the officers’ ability to distinguish the defendant from any other black male’ wearing dark clothes and a ‘hoodie’ in Roxbury,” the decision read.

Secondly, the court cited an American Civil Liberties Report charging the Boston Police Department with “a pattern of racial profiling of black males” to say blacks who flee police are not necessarily indicating guilt but may be reasonably seeking to avoid the “indignity” of discrimination.

According to the ACLU report, 63 percent of interactions between Boston police and civilians between 2007 and 2010 were with blacks, even though they accounted for just 24 percent of the population.

The judges wrote: “We do not eliminate flight as a factor in the reasonable suspicion analysis whenever a black male is the subject of an investigatory stop. However, in such circumstances, flight is not necessarily probative of a suspect’s state of mind or consciousness of guilt. Rather, the finding that black males in Boston are disproportionately and repeatedly targeted for FIO [Field Interrogation and Observation] encounters suggests a reason for flight totally unrelated to consciousness of guilt. Such an individual, when approached by the police, might just as easily be motivated by the desire to avoid the recurring indignity of being racially profiled as by the desire to hide criminal activity. Given this reality for black males in the city of Boston, a judge should, in appropriate cases, consider the report’s findings in weighing flight as a factor in the reasonable suspicion calculus.”

Massachusetts law does not require citizens to talk to police or to not walk away if they are not being charged.

The decision was hailed by the ACLU of Massachusetts as a “powerful ruling” confirming “for people of color … their lives matter.”

“The reason that’s significant is that all the time in police-civilian encounters there are disputes about what is suspicious and what is not suspicious,” said Matthew Segal, legal director of the ACLU of Massachusetts. “So this is an opinion that looks at those encounters through the eyes of a black man who might justifiably be concerned that he will be the victim of profiling.”

That view was not shared by Boston Police Commissioner Bill Evans, who criticized the court for depending so heavily on an ACLU report that was “clearly way out of context” and “heavily tainted against the police department.”

Retired federal Judge Nancy Gertner told Radio Boston the court’s decision will “contribute substantially to the national debate” by forcing courts to “put in context” reasons black defendants might legitimately flee, and to not automatically view running from police as evidence of guilt.

Accusing police of frequently “pushing the envelope” to “see what this kid will do,” Gertner laid the blame for much of the problem between police and black citizens on law enforcement who will now need to adapt to the decision or risk having evidence they want to obtain ruled inadmissible.

“Maybe it will force officers to pause before they begin one of these encounters, understanding what the atmosphere is. … Police will just have to develop other investigative tools,” she said.

Video: Suspect sought after shots fired at cop cruiser near Boston
Gertner was nominated to the U.S. District Court for the District of Massachusetts in 1993 by President Bill Clinton and served until 2011. She is currently a professor at Harvard Law School.

Prosecutors have asked for a rehearing.


http://www.wnd.com/2016/09/massachusetts-supremes-give-blacks-green...

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when a judge or one of their relatives is a crime victim then I hope that they enjoy the experience

can't wait to see how this unfolds   sheer stupidity for all to see

If you've done nothing wrong, why run?  Running constitutes resisting arrest and my advice to cops is shoot them in the back.

The law is very clear on this point; a fleeing felon does not, necessarily, become an immediate threat to the community, or the public at large, and, therefore, using deadly force is not authorized except under extreme circumstances, i.e., if the perp uses a weapon against the pursuing officer or anyone else during the pursuit.

So if the officer had of approached a white guy just to ask if had saw anyone matching the description of the perps and he had broke and ran from the police and was found possessing an unlicensed firearm, do you think he would have got a pass? Not hardly!

It's prep for anarchy.

TRUMP! MUST WIN!

We're nearing a point where no one will want to be in law enforcement. As the current generations retire, I bet we'll be seeing a shortage of candidates in the not so distant future.

We already are...   Chicago has a HUGE deficit in detectives in the past 2 years.

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The wrong headed analysis by these supposed "supreme" court justices will force yet again one more legal proposition on the black community resulting in fewer arrests of violent felons and thereby INCREASING VIOLENCE in general, in those communities.

The murder rate in black communities will definitely go up, not down.

The change in any real life scenario between black thugs and the police will result in even MORE black men shot and killed by police as they attempt to flee.

What a bunch of dumb asses.

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We're now living in Bizzaro world folks...........

So, if a black person is stopped by an officer and starts to run, the officer is just supposed to let him go. He's probably just running to his 'safe space'. If I'm stopped by an officer and I start to run, I catch a bullet. Seems perfectly fair and non-racial to me. Because, you know, only whites discriminate.

I would have to agree with the judgement in that fleeing doesn't mean that one is guilty but could, in this case, be fleeing because a second amendment freedom was being exercised but knowing that a gun would surely be a prison sentence it was seen as better to flee... notice they said he threw away a .22.

In a black neighborhood, as well as here where I live having drug addicts, there is reason we carry and exercise our 2nd amendment right! I am not so quick to side with... everyone who carries is a criminal.

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Trump National Diversity Coalition's Bruce LeVell: President’s Support Among Blacks, Hispanics Will ‘More Than Double’ In 2020

Bruce LeVell, the National Diversity Coalition for Trump executive director, said on Sunday evening he predicts President Donald Trump will win even higher levels of support in the black and Hispanic communities in 2020 than he did in 2016.

“Pastor Darrell Scott is the CEO, we started this back in 2015,” LeVell said on Breitbart News Sunday on SiriusXM 125 the Patriot Channel on Sunday evening about the National Diversity Coalition for Trump. “It is the largest diversity coalition platform in history for a Republican candidate, not to mention a sitting president, and there are millions of guests that sign on and sign up that are part of this. If you look on the website, you see African Americans for Trump, Haitian Americans for Trump, Korean Americans for Trump, Chinese Americans for Trump, Hispanic Americans for Trump–all very large. They all stand in one agreement that they believe in this great president and that he is here for all and wants everyone to be successful. It’s pretty flattering, honestly, to be a part of this. It just totally debunks everything that they try to make him out to be–a racist, which he’s not. The numbers prove that he’s not. You can see where he’s rising in terms of the Hispanic vote, and the African American vote. It’s just really going to be mind-boggling on the next go-around. I guarantee it. It’s going to more than double because people are happy; they’re working.”

LeVell, when asked for his rationale on why he thinks Trump’s support in 2020 among blacks and Hispanics will more than double, attributed it to the results President Trump has gotten for those communities.

“Sometimes you have to speak things into existence,” LeVell said. “The president said, ‘What do you have to lose?’ That challenge, especially in the underserved communities, well, yeah, what do we have to lose? We tried it this way for 30 or 40 years. Some of these cities and municipalities were under Democrat rule, as you might say, for many years, and then you say, ‘You know what? Let’s make the ask.’ You know, the president made the ask. Sometimes, you just have to ask, ‘Hey, what do you got to lose? Try this.’ Let’s try one of the biggest, strongest bills that he’s signed, that was so beneficial, called the Opportunity Zones. This bill right here alone is bringing a lifeline to some of these underserved communities and is projected to bring in over hundreds of billions of dollars in these underserved communities, which are predominantly African American communities. For example, in Atlanta, there are minority business contractors teaming up with other business contractors building a hotel in an Opportunity Zone. This community has just been blighted for God knows how long. These are the things that people are starting to see–the light at the end of the tunnel. Here’s a businessman that understands what I call a balance sheet, a P & L sheet of profit and loss. The president wants to see the country profitable, not losses. So that’s what he does. He says, ‘Okay, where can we improve? What can we do?’”

He continued, “Like I said earlier, I think the Opportunity Zones is a sleeper; it has so many moving parts to it where you can sell a piece of property for $2 million and instead of paying that very high capital gains [tax] you can identify those funds over the zone, and then, you can build another little hotel or a shopping center for economic empowerment for that community. So there’s so many initiatives out there for people of color, like myself, who see opportunities. You know, how about this? You live in a black community under the Trump administration, you walk down the street and say, ‘Wow, 98 percent who live in the community are African American,’ and you say, ‘Why don’t you build that grocery store? Why don’t you build that gas station?’ Wow, you’re right. I can. The programs that are out there, like in the Small Business Administration, you get as little as five or ten percent down, and they can maturize it to 30 years, and if you’re a veteran, they waive the fees. There are so many tools out there, and you saw the president when he adjusted Dodd-Frank last year; that was a terrible, terrible deal they did in 2009 and 2010 that literally almost just choked and killed the business community because of the Dodd-Frank, going in there and regulating these small community banks, which were life support for these small communities especially in the African American community, where he readjusted that last year and made it work. These are the things this president understands that as a businessman he can bring his lifelong talents to the White House and can help America. The biggest thing about this is, remember, the president is not beholden to any special interest group; this is a very key part of this conversation right here because he can go in there and govern without having to worry about paying back favors.”

According to NBC News analysis in the immediate aftermath of the 2016 election, Trump actually outperformed now-Sen. Mitt Romney (R-UT)–then the former governor of Massachusetts–in the 2012 election when it came to both the black and Hispanic communities.

“Trump claimed 29 percent of the Hispanic vote on Tuesday, compared to Romney’s 27 percent in 2012,” NBC News wrote. “With blacks, exit polls show Trump claimed 8 percent of the vote to the previous Republican nominee’s 6 percent.”

If Trump is able to double support in the black and Hispanic communities in 2020, as LeVell predicts he will, no Democrat will stand even close to a chance of defeating him; the margins they would need for victories in a number of states would be significantly eroded. Perhaps that is why the Democrats are now attempting to paint Trump as a racist amid his battle with the so-called “Squad” of socialist Reps. Alexandria Ocasi0-Cortez (D-NY), Ayanna Pressley (D-MA), Ilhan Omar (D-MN), and Rashida Tlaib (D-MI). The new faces of the Democrat Party, the “Squad,” in other words, is worried they may lose the election in 2020 if LeVell and other Trump backers are right. But the scurrilous accusations of racism for quick political gains, which have also been leveled at House Speaker Nancy Pelosi and former Vice President Joe Biden in recent weeks, LeVell warns, may undermine the ability to stand up to actual racism where it exists.

“At first, it was kind of bizarre,” LeVell, who knows Trump well and has known him prior to his run for president, said of the false racism accusations. “Now, it’s just plainly un-American. It’s so anti-patriotic. You know, the interesting thing about it for me as a black conservative or Republican–I like to define myself as a Frederick Douglass Republican–most of the name-calling comes from people who actually look like me, 90 percent of it. It’s bizarre, and it’s because our thinking process is not lining up with theirs. It’s the only playbook they have, like I said earlier, which is, ‘Let’s just use the race card.’

LeVell went on to say, “Getting back to the president, I’ve been around him–I was just with him at the rally–in very intimate settings, behind the scenes at the rally, and you’re right: I’ve traveled with him, been on the plane with him. I’ve been in private meetings with him. I’ve talked with him, and you know–let me tell you something: I’m 55 years old, I’ve lived my whole life in the South, and I’m world-traveled. Let me tell you: I know racism when I see it. This man is nowhere near being a racist. It’s so sad because it does such a disservice to this great nation that they would throw that name and throw those words around. I mean, you have people calling Biden racist. They’re calling Pelosi racist. They’re calling the dog-catcher racist because he impounded the black dog instead of the white dog. Come on. What’s next? You know, it’s kind of sad because it’s pretty much watered down things that are legitimate, to where people are just going to get so numb with it, and people are just being like, ‘Wow, are you serious?’”

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