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| Rapper Lil Jon performs during the MTV Video Music Awards in Miami. MIAMI, FL—The Miami Herald ignited a firestorm with an article headlined "Police Secretly Watching Hip-Hop Artists."1 The story alleged that ever since South Beach had become a popular spot for rap celebrities and their fans, both the Miami and the Miami Beach police departments were photographing rappers and their entourages as they arrived at the Miami Airport and were also keeping dossiers on their activities. Further reports indicated that officers from the Miami PD and numerous other police departments had attended a "hip-hop training seminar" hosted by the NYPD, at which binders were provided that contained the arrest records and photographs of dozens of rap artists and their companions. Allegations of "ethnic profiling" were made, suggesting that police tactics were targeting citizens for "performing while black." Within this context, it is well documented that in many places, black and Hispanic drivers are more likely to be pulled over by the police than are white drivers, a phenomenon that has been referred to as "driving while black" and "driving while Hispanic."2 For example, a report out of Texas found that in addition to being pulled over more often, blacks were 1.6 times more likely to be searched and Hispanics were 1.4 times more likely to be searched than white drivers. And while ethnic profiling is not a new phenomenon, the post-September 11 climate has added a different dimension to the situation: the targeting of Muslim and Arab passengers on airlines. For example, Mohammed Ali Khan filed a lawsuit in federal court after being denied a boarding pass for his domestic flight to Chicago. He had been questioned in front of other passengers and then detained in a back room and interrogated by the FBI. Even after he was cleared, airline officials refused to allow him to board the flight, and he instead had to take another one several hours later.3 Ethnic profiling is a practice in which police stop and detain someone on the basis of his or her ethnic identity or skin color. The explanation for ethnic profiling is the belief by some police and law enforcement agencies that blacks are more likely than other groups to be trafficking drugs or other contraband, that Hispanics are more likely to be illegal immigrants, and, in light of the terrorist attacks, that Muslims and Arabs are more likely to commit acts of terrorism or sabotage against American interests. Is ethnic profiling really occurring? Is it legal and constitutional? This question raises a host of others: Under what circumstances can police stop and search drivers or airline passengers? Can they maintain binders of personal information to keep an eye on certain ethnic groups? When can police officers search without a warrant? When can they "seize" property or interrogate suspects? What powers do the police actually have?
Police arrest powers include the following:
Because the United States Constitution was designed to protect each citizen's rights, it placed certain restrictions on the exercise of these powers. This chapter discusses the legal constraints on police powers and traces their evolution through Supreme Court decisions, focusing on the Court's impact on law enforcement practice. |