Tux of Borg Posted January 9, 2007 Share Posted January 9, 2007 http://www.myfoxboston.com/myfox/pages/New...mp;pageId=3.3.1 ACLU sues state police By Karen Lee Ziner Journal Staff Writer PROVIDENCE — The Rhode Island Affiliate of the American Civil Liberties Union yesterday filed a federal lawsuit against the state police, alleging racial profiling and violation of the constitutional rights of 14 Guatemalan nationals during a July traffic stop that led to their detention by immigration officials. Steven Brown, director of the Rhode Island affiliate, yesterday noted the unusual nature of the lawsuit filed by ACLU volunteer attorney V. Edward Formisano. “It’s very rare for individuals like these plaintiffs to be willing to step forward and challenge questionable police practices that they’ve been subject to,” said Brown. “The citizenship status of the plaintiffs is really irrelevant to this lawsuit. These were individuals who were in a van that was stopped for a minor traffic violation. The question is whether police have a right to detain individuals for no other reason than the way they look …” Said Brown, “The law generally prohibits racial profiling on the highways. It prohibits stopping or searching vehicles based on the person’s race or ethnicity, all of which we think were present in this case. It also specifically bars police officers from detaining individuals in cars longer than necessary to address the initial traffic violation. From our perspective, that restriction was clearly violated in this case.” The lawsuit names the State of Rhode Island, the state police, state police Supt. Steven M. Pare and Trooper Thomas Chabot individually; and a “Jane Doe” state trooper whose identity the ACLU was unable to establish. State police spokesman Maj. Steven G. O’Donnell said yesterday, “We respect the ACLU’s right to file any lawsuit but we have reviewed this matter at length and continue to support Trooper Chabot’s actions. We also respect the court process and we’ll wait and see how the court rules” before making any comment. The allegations stem from a traffic stop by Chabot early on July 11 on Route 95 in Richmond. According to the lawsuit, Chabot pulled over a van operated by Carlos A. Tamup because Tamup had failed to use his turn signal when changing lanes. The lawsuit alleges that Chabot first confirmed that Tamup’s license and registration were valid and that he had no criminal record. “Chabot nonetheless proceeded to open the doors of the vehicle, and by utilizing Tamup as a translator, requested all the passengers to also provide identification,” according to an ACLU synopsis of the case. When some failed to do so, Chabot then asked them to produce documents “demonstrating their U.S. citizenship.” When none of the 14 were able to do so, Chabot advised them that they would all be escorted to the federal Office of Immigration and Customs Enforcement in Providence. Then, the lawsuit states, Chabot instructed Tamup, the driver, that he was responsible for the vehicle’s passengers, and that if any passenger attempted to escape from the van en route to Providence, that passenger would be “shot.” Chabot and the trooper identified only as “Jane Doe,” then escorted the group to the Providence ICE office. Formisano, the ACLU lawyer, is seeking a declaratory judgment that the defendants violated the constitutional rights of the driver and his passengers, and demands punitive and compensatory damages on behalf of the 11 plaintiffs. Besides Tamup, the plaintiffs are: Astrid G. Estrada, Wendy M. Estrada, Guilfredo E. Munoz, Jose A. Aquino, Cruz F. Rivera, Jose Burgos, Abelino M. Urizar, Israel Tebalan, Rolando Noriega, Boris R. Cruz, and Elsa Hernandez Villavicencio, all of Providence. The lawsuit argues that the actions by the state police “violated the state’s Racial Profiling Prevention Act, as well as the driver’s and passengers’ constitutional rights to be free from discrimination and from unreasonable searches and seizures.” The suit argues that the defendants “knew or should have known that the search, seizure and detention of the plaintiffs were without reasonable or probable cause, and were therefore unlawful under the circumstances.” The lawsuit also steps into the heart of a national controversy over whether local police should be involved in enforcement of federal immigration laws. Brown said, “To their credit, many police departments across the country have rejected the opportunity to enforce those laws for a number of reasons. I think first they recognize they don’t have the expertise with these laws … also, that doing so undermines trust in the communities that they serve. People in immigrant communities are going to think twice before they contact police if they’ve been victims of a crime, if they think they’ll be the ones who end up on trial.” The van stop also rattled Rhode Island civil rights advocates, who during a public forum this summer and a subsequent news conference, criticized state police Superintendent Pare’s response to the incident. Pare ordered an internal review after the ACLU filed a complaint. That investigation cleared Chabot; Pare stated that Chabot acted “professionally and appropriately,” and denied racial profiling by the trooper. The state police response to the first complaint “expressed complete satisfaction with the way the stop and detention occurred, which led to this lawsuit,” said Brown. Link to comment Share on other sites More sharing options...
Pete Posted January 9, 2007 Share Posted January 9, 2007 Rhode Island police suck and I know that from multiple experiences. They love to target out of state plates so I am most positive they profile Link to comment Share on other sites More sharing options...
KD in CA Posted January 9, 2007 Share Posted January 9, 2007 Rhode Island police suck and I know that from multiple experiences. They love to target out of state plates so I am most positive they profile So what? Don't speed in their state or ride your bike drunk and they won't hassle you. I've driven through RI a thousand times with CT plates and never spoken to a cop once. The ACLU needs a brick through it's window. A C-4 brick. Link to comment Share on other sites More sharing options...
theesir Posted January 9, 2007 Share Posted January 9, 2007 I'm not trying to be snotty here, but isn't profiling or better said "looking for something suspicious" what cops are supposed to do in order to PREVENT crime? Has the job of the cop become to wait for people to commit a crime and then arrest them after the fact? Link to comment Share on other sites More sharing options...
Pete Posted January 9, 2007 Share Posted January 9, 2007 So what? Don't speed in their state or ride your bike drunk and they won't hassle you. I've driven through RI a thousand times with CT plates and never spoken to a cop once.The ACLU needs a brick through it's window. A C-4 brick. Charleston is notorious. I got pulled over doing a 40 in a 45- I saw the cop a mile away. The cop said he clocked me at 70 MPH- bull sh--! He asked if he could search my car- I said no- he ordered me out and tore apart my car. That piece of sh-- didnt find anything. He gave me a speeding ticket. I pleaded not guilty and drove to Rhode Island to contest the ticket. On my way to court I get pulled over again in Charelston and got another ticket. The next week my friends were driving in that area and laughing that that was the stretch were I got my two tickets. Guess what? They got pulled over and got another ticket. I have friends with summer cottages in Charleston- they have story upon story about what dickheads they are. !@#$ Charleston cops! Link to comment Share on other sites More sharing options...
RayFinkle Posted January 9, 2007 Share Posted January 9, 2007 When racially profiling for Guatemalians, what exactly should one look for? Link to comment Share on other sites More sharing options...
ACor58 Posted January 9, 2007 Share Posted January 9, 2007 Rhode Island police suck and I know that from multiple experiences. They love to target out of state plates so I am most positive they profile After watching "Me, Myself, and Irene" I'd have to agree with you. Link to comment Share on other sites More sharing options...
Chef Jim Posted January 9, 2007 Share Posted January 9, 2007 When racially profiling for Guatemalians, what exactly should one look for? You don't look for anything. You sniff for tortillas. Link to comment Share on other sites More sharing options...
KD in CA Posted January 9, 2007 Share Posted January 9, 2007 Has the job of the cop become to wait for people to commit a crime and then arrest them after the fact? Cops aren't allowed to do that either anymore. Remember all the whining over that a-hole in the library? Link to comment Share on other sites More sharing options...
Dante Posted January 9, 2007 Share Posted January 9, 2007 The ACLU was founded by Communist, with communist ideals, communist goals, and they continue to impose a Communist like agenda on America daily. The founder of the ACLU, Roger Baldwin stated clearly… " My chief aversion is the system of greed, private profit, privilege and violence which makes up the control of the world today, and which has brought it to the tragic crisis of unprecedented hunger and unemployment�Therefore, I am for Socialism, disarmament and ultimately, for the abolishing of the State itself�I seek the social ownership of property, the abolition of the propertied class and sole control of those who produce wealth. Communism is the goal.” http://stoptheaclu.com/archives/2005/11/10...-stop-the-aclu/ Link to comment Share on other sites More sharing options...
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