Malcolm Rivera
Racial profiling has been considered by several courts as an unreasonable search and seizure under the Fourth Amendment and as a denial of the Fourteenth Amendment's equal protection guarantee. The Constitution prohibits selective enforcement of the law based on considerations such as race. However, the constitutional basis for objecting to intentionally discriminatory application of laws is the Equal Protection Clause, not the Fourth Amendment.
| Characteristics | Values |
|---|---|
| Racial profiling is protected under the Constitution | No |
| The Constitution prohibits | Selective enforcement of the law based on considerations such as race |
| The constitutional basis for objecting to intentionally discriminatory application of laws is the | Equal Protection Clause |
| The Equal Protection Clause is found in the | Fourteenth Amendment |
| The Fourth Amendment does not prohibit | Warrantless arrest and custodial detention of a motorist for misdemeanour traffic offences |
| The Fourth Amendment does prohibit | Unreasonable search and seizure |
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What You'll Learn
The Equal Protection Clause
The Clause has been invoked in legal challenges to racial profiling, with plaintiffs arguing that such practices violate their constitutional rights to equal protection. To mount a successful legal challenge, plaintiffs must prove both racial motivation and "discriminative effect" of law enforcement practices. This means demonstrating that the actions of law enforcement officials were motivated by racial bias and resulted in discriminatory outcomes.
The Clause has been central to several court cases considering the constitutional ramifications of racial profiling. These cases have examined the practice as a potential violation of the Fourth Amendment's prohibition on "unreasonable search and seizure" and the Fourteenth Amendment's guarantee of equal protection.
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The Fourth Amendment
The Fourteenth Amendment has been cited in several cases involving racial profiling. For example, in the context of border, customs, or airport searches, claims against federal defendants may be maintained directly under the Constitution as a Bivens action or under the Federal Tort Claims Act. Additionally, many states have laws that address racial profiling, and several major state and county law enforcement agencies have resolved charges of racial profiling by agreeing to extensive reform efforts and reporting requirements.
While the Fourth Amendment does not explicitly prohibit racial profiling, it does provide a framework for challenging such practices. Judicial decisions reflect the crucial role that racial record-keeping and statistics may play in mounting a successful legal challenge to racial profiling. To succeed in a federal lawsuit under 42 U.S.C. Section 1983, a plaintiff must prove both racial motivation and "discriminatory effect" of law enforcement practices. Section 1983 provides a monetary damages remedy for harm caused by the deprivation of federal constitutional rights, including equal protection of the laws, by state or local governmental officials or those acting in concert with them.
Who Is Protected by the Constitution?
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The Fourteenth Amendment
The Court has explained that the Constitution prohibits selective enforcement of the law based on considerations such as race. The constitutional basis for objecting to intentionally discriminatory application of laws is the Equal Protection Clause, not the Fourth Amendment. However, not every violation of a Fourteenth Amendment right is entitled to a damage remedy.
Several courts have considered the constitutional ramifications of racial profiling as an 'unreasonable search and seizure' under the Fourth Amendment and, more recently, as a denial of the Fourteenth Amendment's equal protection guarantee.
The issue of racial profiling has periodically attracted congressional interest, particularly with regard to existing and proposed legislative safeguards, which include the proposed End Racial Profiling Act of 2011 (H.R. 3618/S. 1670) in the 112th Congress.
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The End Racial Profiling Act of 2011
Racial profiling refers to the selective enforcement of the law based on considerations such as race. This practice has been deemed unconstitutional by the Court, which stated that the constitutional basis for objecting to intentionally discriminatory application of laws is the Equal Protection Clause, not the Fourth Amendment. The Fourteenth Amendment also guarantees equal protection under the law, and several courts have considered racial profiling as a denial of this right.
Judicial decisions reflect the importance of racial record-keeping and statistics in mounting a successful legal challenge to racial profiling. In federal lawsuits under 42 U.S.C. Section 1983, plaintiffs must prove both racial motivation and "discriminatory effect" of law enforcement practices. Section 1983 provides a monetary damages remedy for harm caused by the deprivation of federal constitutional rights, including equal protection of the laws, by state or local governmental officials or those acting in concert with them.
Claims against federal defendants, often in the context of border, customs, or airport searches, may be brought directly under the Constitution as a Bivens action or under the Federal Tort Claims Act. However, not every violation of a Fourth or Fourteenth Amendment right entitles one to damage remedies.
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The Federal Tort Claims Act
Racial profiling is not protected under the constitution. The Constitution prohibits selective enforcement of the law based on considerations such as race. The Equal Protection Clause of the Fourteenth Amendment guarantees that no person shall be denied equal protection of the laws. The Fourth Amendment also prohibits unreasonable searches and seizures, which has been used to argue against racial profiling.
The FTCA covers a wide range of torts, including those committed by law enforcement officers, federal prison officials, and other federal employees. It is important to note that the FTCA does not cover all torts committed by federal employees. There are certain exceptions and limitations to the FTCA, including discretionary function exceptions, intentional tort exceptions, and claims arising from the detention of goods or merchandise by law enforcement.
To bring a claim under the FTCA, individuals must first file an administrative claim with the appropriate federal agency. This claim must be filed within two years of the date of the incident giving rise to the claim. If the agency denies the claim or fails to make a decision within six months, the individual may then file a lawsuit in federal court.
The FTCA provides an important mechanism for holding the federal government accountable for the actions of its employees. It allows individuals to seek compensation for harm caused by federal employees and helps to ensure that federal employees act within the scope of their employment and in accordance with the law. The FTCA also helps to promote transparency and accountability in government operations, as individuals can obtain information about federal employee conduct through the discovery process in FTCA lawsuits.
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Frequently asked questions
No, the Constitution prohibits selective enforcement of the law based on considerations such as race.
The Equal Protection Clause.
The Equal Protection Clause is part of the Fourteenth Amendment, which states that " [n]o state shall... deny to any person within its jurisdiction the equal protection of the laws."
Racial recordkeeping and statistics may play a crucial role in mounting a successful legal challenge to racial profiling, as the plaintiff must prove both racial motivation and "discriminatory effect" of law enforcement practices.
Examples of legislative safeguards against racial profiling include the proposed End Racial Profiling Act of 2011 (H.R. 3618/S. 1670) in the 112th Congress, as well as state laws that address racial profiling.
