B/y Griffin Edwards and

Stephen Rushin

In 1981, the U.S. Supreme Court held in New York v. Belton that police officers could lawfully search virtually anywhere in a vehicle without a warrant after the arrest of any occupant in the vehicle. Then, in 2009, the Court reversed course in Arizona v. Gant, holding that police could only engage in vehicle searches after such arrests in a smaller number of extenuating circumstances. This series of cases became a flash point for the broader debate about the regulation of policing. Law enforcement groups argued that administratively complex rules, like those established in Gant, risk officer safety. But some scholars and civil rights activists worried that by giving police officers wider discretion to search vehicles incident to arrest, the Belton rule may have led to unjustified civil rights violations and racial profiling.

This Article argues that, by limiting vehicle searches incident to arrest, Gant may have disincentivized policing tactics that disproportionately target individuals of color without jeopardizing officer safety.

By utilizing a data set of traffic stops from thirteen law enforcement agencies in seven states, this Article presents an empirical study of the effects of shifting doctrines related to vehicle searches incident to arrest. This Article makes two findings. First, it finds no evidence that Gant endangered officer safety. Changes in state doctrines related to vehicle searches incident to arrest are not associated with increases in assaults of officers during traffic stops. Second, it hypothesizes that Gant may have reduced racial profiling. Gant may be linked to a somewhat larger decline in vehicle searches incident to arrest for nonwhite individuals relative to white individuals.

These findings are a reminder that seemingly neutral procedural choices by courts in regulating police behavior may have racially disparate effects. We conclude by arguing for the narrowing of the discretionary authority of police officers as a mechanism for reducing disparities in the criminal justice system.

91 Fordham L. Rev. 1 (2022).

By Eisha Jain

This Essay argues that racial reckoning in policing should include a racial reckoning in the use of criminal records. Arrests alone—regardless of whether they result in convictions—create criminal records. Yet because the literature on criminal records most often focuses on prisoner reentry and on the consequences of criminal conviction, it is easy to overlook the connections between policing decisions and collateral consequences. This Essay employs the sociological framework of marking to show how criminal records entrench racial inequality stemming from policing. The marking framework recognizes that the government creates a negative credential every time it creates a record of arrest as well as conviction. Such records, in turn, trigger cascading consequences for employment, housing, immigration, and a host of other areas. The credentialing process matters because it enables and conceals race-based discrimination, and because a focus on the formal sentence often renders this discrimination invisible. This Essay considers how adopting a credentialing framework offers a way to surface, and ultimately to address, how race-based policing leaves lasting marks on over-policed communities.

Stanford Law Review Online, Volume 73, 2021. 18p.

By Stephanie Seguino, Nancy Brooks, Pat Autilio

This study has three goals. The first it to analyze police behavior as regards race and traffic policing. The second is to evaluate police compliance with the law requiring the collection and reporting of traffic stop data. And the third is to evaluate the effectiveness of the legislation in generating robust data collection on race and traffic policing that is relatively user friendly for analysis by community stakeholders. With regard to the first goal, we examine the data for evidence of racial disparities in several areas: racial shares and magnitudes of stops as well as racial disparities in stop rates, reasons for stops, arrest rates, search rates, and contraband “hit” rates. We also examine trends to determine whether racial disparities fall over time, particularly in response to the legalization of cannabis in July 2018. Our study is based on more than 800,000 traffic stops and 79 Vermont law enforcement agencies. The study includes a number of agencies that had not reported their data in time for our earlier study (Seguino and Brooks 2017). In addition to providing a statewide overview of racial disparities, we compare policing patterns as well as racial disparities across agencies, and separately for municipal law enforcement agencies, sheriff’s departments, and the Vermont State Police. We report raw data on all agencies in our sample, and these results can be found in the appendix. We have been careful to include in the body of the report that follows agency-level statistics only for those agencies that have the minimum number of observations by race (typically, 10 or more). Our main findings are as follows: • The Black and Hispanic shares of stopped drivers exceed their shares of the estimated driving population. The data indicate Black drivers were over-stopped by between 3% to 81%, depending on the measure of the driving population used. Hispanic drivers were over-stopped by 26%. The shares of stops of all other racial groups are at or below their share of the driving population. These numbers represent a statewide average, and obscure wide variation at the agency level. We provide detailed agency-level data in the report, which show that approximately 45 agencies over-stopped Black drivers by more than 25%. • The stop rate per 1,000 residents is very high in Vermont (255 drivers stopped per 1,000 residents) compared to the national average of 86 per 1,000 residents. This overall average obscures notable racial disparities in stop rates. The statewide white stop rate per 1,000 white residents is 256 compared to 459 stops of Black drivers per 1,000 Black residents. The Black stop rate is about 80% higher than the white stop rate and matches the upper bound described above since one of our measures of the driving population of an area is its number of residents. • These averages also obscure the wide variation in stop rates per 1,000 residents. Of particular concern are agencies with large racial disparities in stop rates that also significantly over-stop relative to the national average. For example, in Bennington the overall stop rate per 1,000 residents is estimated to be 659 and Black drivers are over-stopped from 55% to 335% depending on the measure of driving population. • Black and Hispanic drivers were ticketed at a higher rate than white drivers, and Black drivers were also more likely to be given multiple tickets per stop. Our ability to report accurately on ticket rates is limited by data quality concerns as some agencies only report a single outcome per stop even when more than one outcome occurred, such as multiple tickets. • White drivers were more likely to be stopped for moving violations than Black drivers. Black drivers were more likely to experience a stop for vehicle equipment violations. We are concerned that this type of stop may be more investigatory and pretextual than moving violations. Stops that are investigatory/pretextual, based on suspicion of illegal activity rather than observable behavior or evidence, are more susceptible to officer racial bias than stops based on other reasons, such as a moving violation or suspicion of Driving While Impaired (DWI). Several experts have recommended banning this type of stop, which could help to reduce not only racial stop rate disparities but also search disparities. (A November 2019 ruling by the Oregon Supreme Court has banned this increasingly controversial policing practice). • The arrest rate of Black drivers is roughly 70% greater than that of white drivers. The Hispanic-white arrest rate disparity is even larger, with the arrest rate of Hispanic drivers 90% greater than the white arrest rate. Some agency-level disparities were much wider. In Brattleboro, Black drivers’ arrest rate is 400% greater than the white rate; in Colchester, 185% times greater. • Black drivers are about 3.5 times more likely to be searched subsequent to a stop than white drivers and Hispanic drivers are searched at a rate that is 3.9 times greater than that of white drivers. Asian drivers are less likely to be searched than white drivers. Again, some agencies exhibited much wider disparities than the state average. In Brattleboro, Black drivers are almost 9 times more likely to be searched than white drivers; in Shelburne, 4.4 times greater; in South Burlington; 3.9 times greater; in Vergennes, 3.8 times greater; in Burlington, 3.6 times greater; and in Rutland, 3.45 times greater. • Black, Hispanic, and Asian drivers were less likely to be found with contraband than white drivers. The lower hit rate (that is, the percentage of searches that yield contraband) of drivers of color is widely regarded as providing evidence the police rely on a lower bar of evidence to search drivers of color than white drivers, suggesting possible racial bias in the decision to search. In a second test (a logit analysis) for racial bias in searches, we find that the race of the driver continues to be strongly correlated with the officer’s decision to search a vehicle, even after controlling for other factors that may influence the officer’s decision to search a vehicle. • We find that searches based on reasonable suspicion (a lower threshold of evidence than probable cause) have lower hit rates for all racial groups. And, the gap between the (higher) white hit rates and (lower) hit rates for people of color increases. Just as with investigatory/pretextual stops, searches based on reasonable suspicion are more prone to racial bias. With regard to trends over time: • From 2015 to 2019, the number of traffic stops has increased for all racial groups. Sheriff’s Departments registered an 86.4% increase in traffic stops over this time period, compared to a statewide average for all agencies of 39.7%. • Racial disparities in the increase in number of traffic stops are notable. While stops of white drivers increased by 44.6% over this time period, Black stops increased 72.5%; Asian stops, 66.7%; and Hispanic stops, 120.3%. • The share of stops that are investigatory/pretextual, including vehicle equipment stops, increased for all racial groups, but increases were greatest for Black drivers—so much so that by 2019, about one third of all stops of Black drivers were included in this category, up from 23% in 2016. For Hispanics, the increases in the share of such stops was even greater, rising from 18.0% in 2015 to 27.5% in 2019. • Racial disparities in arrest rates have also widened since 2014. The widening gap is due to a decline in the white arrest rate from 2018 to 2019 rather than an increase in the Black arrest rate. • Search rates declined for all racial groups after cannabis legalization but by 2019, the Black search rate continued to be 3 times greater than the white rate. Legalization of cannabis, in other words, did not have a substantial impact on the Black-white search rate disparity. The Hispanic search rate disparity widened from 2018 to 2019 with Hispanic drivers 2.6 times more likely to be searched than white drivers by 2019. • Hit rates have decreased for searches that result in any outcome (warning, ticket, or arrest) but the arrest-worthy hit rate rose slightly from 20.3% to 24.9% from 2018 to 2019. As search rates have fallen, searches appear to be somewhat more productive with regard to those that lead to an arrest but are somewhat less productive overall. Increasing hit rates suggests greater efficiency in policing decisions regarding searches, and clearly, less negative impact on drivers for whom searches are often traumatic experiences. Regarding data quality, our main findings are: • Data quality has improved for some but not all agencies over time. There continues to be a lack of compliance with the legislation requiring race data collection during traffic stops. Missing data on all of the outcomes of a stop, when stops have more than one outcome, date and time of stop, and stops IDs also hinders analysis. • Particularly worrisome is the large number of stops missing race of driver, the main concern of traffic stop data collection. One way to put into perspective the quantity of missing data is to compare the share of stops missing race of driver to the percentage of stops that are of BIPOC drivers. Given the low percentages of people of color in Vermont, even a small amount of missing race data can distort results. For more than a dozen agencies, the percentage of stops missing race of driver is at least double the percentage of stops that are reported to be of BIPOC drivers. At a minimum, this leads to low quality data and the accuracy of results from those agencies. It also violates the spirit of the legislation requiring race data collection. • The legislation has not been sufficiently precise or comprehensive in delineating the data to be collected. Police chiefs have interpreted the meaning of various components of the legislation differently, and thus do not follow a uniform method of reporting data. Some categories of data that would be useful—and are already collected—were not stipulated in the legislation. Law enforcement agencies have as a result declined to share those data. These findings suggest the need to revise the legislation on traffic stop race data collection in order to insure complete data that is uniformly submitted so that it can be analyzed without excessive difficulty.    

Burlington, VT: University of Vermont, 2021. 159p.

By The Crime Research Group

Act 193 mandates that law enforcement agencies collect data on roadside stops for the purpose of evaluating racial disparities. The Act dictates agency data collection and any related conversation centers on agency behavior. The Act and the data collected do not focus on or reflect the stories told by Black, Indigenous and People of Color (BIPOC) as related to their contacts with law enforcement agencies. Because of Vermont’s rural nature, small populations, and policing strategies, we conclude that traffic stop and race data are not sufficient to inform policy makers and stakeholders. Rigorous qualitative research focused on the experiences of the BIPOC community which detects patterns and trends can distinguish structural issues within the criminal justice system. Agency data should be used as a supplement to that research. Part 1 of this report covers the data collection process over the past five years. The purpose of Part 2, which is in a separate report, was to test different methods of assessing racial disparities in traffic stops for their applicability for all Vermont law enforcement agencies.

Montpelier VT: Crime Research Group, 2021. 12p.

By Jeannine Bell and Stephen Rushin

This Article considers how policymakers can more effectively constrain police authority during traffic stops to reduce racial disparities and prevent unnecessary violence.

We begin by chronicling the power granted to police officers during traffic enforcement and the harms generated by this discretionary power. Under existing criminal procedure, police officers have considerable authority to stop motorists for any technical violation of the traffic code, even if the stated justification is a pretext for investigating an unrelated hunch or suspicion. After stopping a motorist, existing doctrine gives police the ability to question motorists, search vehicles under numerous circumstances, arrest drivers for minor violations of the law, and otherwise use traffic stops as a justification for criminal fishing expeditions. This makes police traffic stops an entryway into officer misconduct and violence.

Moreover, the harms of police traffic enforcement are felt disproportionately by communities of color. Empirical evidence generally suggests that Black and Hispanic drivers are more likely than their white counterparts to experience traffic stops. Black and Hispanic drivers are more likely to be stopped during daylight hours relative to nighttime hours when their race is apparent to police through visual observation. And searches of Black and Hispanic motorists are less likely to produce contraband than searches of white drivers, suggesting that police may employ a less rigorous standard of probable cause when justifying vehicle searches of drivers of color.

Given the growing body of literature on the harms caused by police traffic enforcement, some have called for the abolition of police traffic enforcement. Short of abolition, though, this Article shows how jurisdictions across the country have already moved to limit the authority of police during traffic encounters. This approach does not seek to eliminate entirely the police from the enforcement of traffic laws. Rather, it involves state and local policymakers enacting restrictions on police power during traffic enforcement that go beyond those mandated by the U.S. Supreme Court under existing doctrine. Indeed, in recent years, states and municipalities have enacted limitations on the use of pretextual traffic stops, consent searches, and unrelated questioning of motorists after stops. Others have restricted or banned the use of quotas as a police management tool. Some prosecutors’ offices have announced declination policies designed to disincentivize police from using traffic stops as a tool for the investigation of other unrelated crimes. Still other jurisdictions have explored additional reporting requirements and even technological replacements for the use of police officers in the enforcement of the traffic code.

Combined, we argue that this sort of criminal justice minimalism can reduce the harmful and racially disparate effects of police traffic enforcement without compromising public safety

57 Arizona State Law Journal, 2025, 52p.

=By Beth Redbird and Kat Albrecht

Racial disparity in arresting behavior is not only a concern for people of color; it can delegitimize law enforcement, increase tension between police and citizens, and even increase crime. Efforts at police reform stall, in part because racial disparity in policing was previously unmeasurable. The authors present three new measures of racial disparity in arrest, measured across more than 13,000 agencies nationwide, allowing for reliable analysis of disparity across time and geographic space. They demonstrate that, between 1999 and 2015, while crime rates generally declined, racial disparity in arrest increased substantially. Where the average police agency in 1999 arrested 5.48 Blacks for every White, the 2015 average was 9.25 arrests, nearly twice that. The increase derives largely from disparity in juvenile arrests by urban municipal agencies.

Evanston, IL: Northwestern University, Institute for Policy Research, 2020. 20p.

By Rebecca D. Gleit

This article describes how the use of sworn law enforcement in American schools is patterned by school racial composition. Three distinct measures are constructed using data from the Civil Rights Data Collection and the School Survey on Crime and Safety: police prevalence, the degree of exposure that students have to police officers within their schools, and the roles of officers within those schools. Results show that police have become increasingly prevalent in schools with the largest shares of white students, especially at the elementary level. Yet youth in schools with the most Black, Latinx, and Native American students experience the highest exposure to police, and police in these schools are more frequently directed to carry out punitive tasks such as discipline. Student exposure to police is also relatively common in the whitest schools, but officers in these settings are more often used for tasks unrelated to punishment, such as teaching.

Socius: Sociological Research for a Dynamic World Volume 8:, 2022, 18p.

By Gretta L. Goodwin

Technologies such as automated license plate readers and drones can support federal law enforcement activities. However, the use of these technologies in public spaces—where a warrant is not necessarily required prior to use—has led to concerns about how law enforcement is protecting civil rights, civil liberties, and privacy. GAO was asked to review federal law enforcement’s use of detection, observation, and monitoring technologies. This report examines 1) the use of these technologies in public spaces without a warrant by selected DHS law enforcement agencies and 2) the extent to which the agencies have policies to assess the use of technologies for bias and protect privacy. GAO selected CBP, ICE, and the Secret Service within DHS based on various factors, including the large number of law enforcement officers in these agencies. GAO administered a structured questionnaire and reviewed documents, such as technology policies. GAO also interviewed agency officials. What GAO Recommends GAO is making five recommendations including that DHS develop policies and procedures to assess the risks of bias and ensure CBP, ICE and Secret Service implement privacy protections through technology policies. DHS concurred, but ICE and Secret Service described actions they have taken that do not address the recommendations, as discussed.

Washington, DC: U.S. Government Accountability Office, 2024. 54p.

By Frank R. Baumgartner , Kate Bell, Luke Beyer, Tara Boldrin, Libby Doyle, Lindsey Govan, Jack Halpert, Jackson Hicks, Katherine Kyriakoudes, Cat Lee, Mackenzie Leger, Sarah McAdon, Sarah Michalak, Caroline Murphy, Eyan Neal, Olivia O’Malley, Emily Payne, Audrey Sapirstein, Sally Stanley, and Kathryn Thacker

We evaluate the factors associated with an officer’s decision to search a driver or vehicle after a routine traffic stop, and we compare the accuracy of these searches by looking at the share leading to arrest. Racial disparities in search rates by race and gender of driver are similar for all types of officers; all tend to search Black male drivers at higher rates than any other demographic. White male officers have higher search rates for all types of drivers. Further, they conduct the greatest share of “fruitless searches” (those not leading to arrest), and these searches are particularly targeted on those drivers with the greatest number of cumulative disadvantages

Policy Studies Journal, Vol. 49, No. 3, 2021

By Geoffrey Carney-Knisely , Marquianna Griffin , Alaxandria Crawford , Kamesha Spates and Parvati Singh

The suicide rate for Black youth has increased by 60% between 2007 and 2020. Direct or vicarious racial trauma experienced through exposure to police brutality may underlie these concerning trends.MethodsWe obtained nationally aggregated monthly counts of suicides for non-Hispanic Black and White youth (age ≤ 24 years) and adults (age > 24 years) from the National Mortality Vital Statistics restricted-use data files provided by the Centers for Disease Control and Prevention, from 2013 to 2019. Monthly counts of Black youth suicides constituted our main outcome. We defined our exposure as the monthly counts of police killings of unarmed Black persons over 84 months (2013 to 2019), retrieved from the Mapping Police Violence database. We used ARIMA (AutoRegressive Integrated Moving Average) time-series analyses to examine whether Black youth suicides increased within 0 to 3 months following police killings of unarmed Black persons, controlling for autocorrelation and corresponding series of white youth suicides.ResultsSuicides among Black youth increase by ~1 count within three months following an increase in police killings of unarmed Black persons (coefficient=0.95,p<0.05), which approximates to about 267 suicides among Black youth over our study period. The observed increase in suicides concentrates among Black male youth.

Annals of Epidemiology. Volume 94, June 2024, Pages 91-99. June 2024.

MAY CONTAIN MARKUP

By Guy Ben-Porat and Fany Yuval

What does police violence against minorities, or violent clashes between minorities and the police tell us about citizenship and its internal hierarchies? Indicative of deep-seated tensions and negative perceptions; incidents such as these suggest how minorities are vulnerable, suffer from or are subject to police abuse and neglect in Israel. Marked by skin colour, negatively stigmatized or rendered security threats, their encounters with police provide a daily reminder of their defunct citizenship. Taking as case studies the experiences and perceptions of four minority groups within Israel including Palestinian/Arab citizens, ultra-Orthodox Jews and Ethiopian and Russian immigrants, Ben-Porat and Yuval are able to explore different paths of citizenship and the stratification of the citizenship regime through relations with and perceptions of the police in Israel. Touching on issues such as racial profiling, police brutality and neighbourhood neglect, their study questions the notions of citizenship and belonging, shedding light on minority relationships with the state and its institutions.

CAMBRIDGE. CAMBRIDGE UNIVERSITY PRESS. 2019. 251p.

By: Atheendar S. Venkataramani, MD, PhD; Elizabeth F. Bair, MS; Jacob Bor, Sc; et al

Importance: Racial disparities in sleep health may mediate the broader health outcomes of structural racism.

Objective: To assess changes in sleep duration in the Black population after officer-involved killings of unarmed Black people, a cardinal manifestation of structural racism.

Design, Setting, and Participants: Two distinct difference-in-differences analyses examined the changes in sleep duration for the US non-Hispanic Black (hereafter, Black) population before vs after exposure to officer-involved killings of unarmed Black people, using data from adult respondents in the US Behavioral Risk Factor Surveillance Survey (BRFSS; 2013, 2014, 2016, and 2018) and the American Time Use Survey (ATUS; 2013-2019) with data on officer-involved killings from the Mapping Police Violence database. Data analyses were conducted between September 24, 2021, and September 12, 2023.

Exposures: Occurrence of any police killing of an unarmed Black person in the state, county, or commuting zone of the survey respondent’s residence in each of the four 90-day periods prior to interview, or occurence of a highly public, nationally prominent police killing of an unarmed Black person anywhere in the US during the 90 days prior to interview.

Main Outcomes and Measures: Self-reported total sleep duration (hours), short sleep (<7 hours), and very short sleep (<6 hours).

Results: Data from 181 865 Black and 1 799 757 White respondents in the BRFSS and 9858 Black and 46 532 White respondents in the ATUS were analyzed. In the larger BRFSS, the majority of Black respondents were between the ages of 35 and 64 (99 014 [weighted 51.4%]), women (115 731 [weighted 54.1%]), and college educated (100 434 [weighted 52.3%]). Black respondents in the BRFSS reported short sleep duration at a rate of 45.9%, while White respondents reported it at a rate of 32.6%; for very short sleep, the corresponding values were 18.4% vs 10.4%, respectively. Statistically significant increases in the probability of short sleep and very short sleep were found among Black respondents when officers killed an unarmed Black person in their state of residence during the first two 90-day periods prior to interview. Magnitudes were larger in models using exposure to a nationally prominent police killing occurring anywhere in the US. Estimates were equivalent to 7% to 16% of the sample disparity between Black and White individuals in short sleep and 13% to 30% of the disparity in very short sleep.

Conclusions and Relevance: Sleep health among Black adults worsened after exposure to officer-involved killings of unarmed Black individuals. These empirical findings underscore the role of structural racism in shaping racial disparities in sleep health outcomes

JAMA Internat Medicine, online Feb. 2024.

By Jeffrey A. Fagan and Amanda B. Geller

Following Soto v. State (1999), New Jersey was the first state to enter into a Consent Decree with the U.S. Department of Justice to end racially selective enforcement on the state’s highways. The Consent Decree led to extensive reforms in the training and supervision of state police troopers, and the design of information technology to monitor the activities of the State Police. Compliance was assessed in part on the State’s progress toward the elimination of racial disparities in the patterns of highway stops and searches. We assess compliance by analyzing data on 257,000 vehicle stops on the New Jersey Turnpike by the state police from 2005– 2007, the final months of the Consent Decree. Specifically, we exploit heterogeneity of officer and driver race to identify disparities in the probability that stops lead to a search. We assume a crime-minimizing or welfarist rationale for stops, under which race-neutral factors are equally likely to motivate stops, regardless of driver or passenger race. We also test a Fairness Presumption by comparing search patterns between driver-officer pairs where the driver and officer are different races, and a set of race-neutral benchmarks where the driver and officer are the same race. Results of fixed effects logistic regressions show that Black and Hispanic drivers, when stopped, are more than twice as likely as White drivers to be searched, regardless of officer race. The results also suggest that search patterns vary significantly by officer race: Black officers are less likely to conduct a search in the course of a stop than are White drivers. We also see significant interactions between the race of officers and that of the drivers they stop: Black drivers are significantly more likely to be searched by White officers than they are by Black officers; on the other hand, Hispanic drivers are significantly less likely to be searched by either Black or White officers than they are by Hispanic officers. Racial disparities in the selection of stopped drivers for search and in the rates of seizure of contraband suggest that despite institutional reforms under the Consent Decree in management and professionalization of patrol officers, there were no tangible gains in distributional equity. We review the design of the Consent Decree and the accompanying oversight mechanisms to identify structural weaknesses in external monitoring and institutional design in the oversight of the State Police that compromised the pursuit of equality goals.

J. SOC. POL'Y & L. 16 (2020). Available at:

By Uttara M Ananthakrishnan, Jason Chan, Yicheng Song

One of the most acute social justice problems in the United States is the direct conflict between police and minorities. Media coverage of police brutality instances not only allow such inequitable practices come to light, but is an important step towards the reform of inappropriate policing. However, it is theoretically unclear whether the reporting of excessive use of police force on minorities can have a tangible impact on subsequent policing outcomes. In this paper, we aim to answer the question of whether and how digital news on police brutality is effective in shaping subsequent police actions. To address this question, we construct a cross-sectional dataset of news reports of police violence and police traffic stop records. Under a difference-in-difference framework, we find that news reports on police brutality reduces police stops of minorities. Additionally, we find that news with sad frames are more effective in effectuating change in policing behaviors. Finally, we learn that the impact of news reports are less effective in minority-dominated areas and high-crime areas.

SSRN 2022. 40p.

By Council on American Islamic Relations Michigan (CAIR-MI)

In September 2021, the Michigan chapter of the Council on American-Islamic Relations (CAIR-MI) filed a notice of claim on behalf of Mrs. Helena Bowe, an African American Muslim, due to her being compelled to remove her hijab (Islamically required headcover for women) during the booking process of her detainment by the Ferndale Police. Bowe, who was driving eastbound on 8 Mile Road, was stopped in Detroit, which is located in Wayne County, without having driven through Ferndale, which is located in Oakland County, on the occasion of her traffic stop which led to her detainment. Bowe was pulled over by Ferndale Police on the bogus claim that her license plate tags might have been expired or were improper. Though Bowe was detained by Ferndale Police and her constitutional rights were violated regarding the forced removal of her hijab, her license plate tags were not expired which led to her traffic citation being dropped. In October 2021, CAIR-MI filed a lawsuit in the Federal District Court on behalf of Bowe alleging that Ferndale had violated her rights under the U.S. Constitution as well as the Religious Land Use and Institutionalized Persons Act (RLUIPA). Subsequently in May 2022, CAIR-MI reached settlement of this matter that involved the city instituting new policies allowing Muslim women to maintain their hijab during the booking photo process and the prohibition of cross-gender searches in the absence of an emergency. Pursuant to the terms of the agreement, Ferndale also paid Bowe a monetary settlement. Although settlement was reached pertaining to this case regarding issues of religious rights during the booking process, CAIR-MI still held concerns about the initial reason why Bowe was stopped and the potential of continued racial profiling of Black motorists on 8 Mile Road. In September 2014, ACLU of Michigan urged the Ferndale Police Department to hire an independent firm to investigate possible racial profiling based upon “citing alarming statistics” of Black motorists being pulled in traffic stops.[1] Moreover in November 2020, Moratorium NOW! Coalition placed a billboard on 8 Mile Rd with the text[2]:

Canton, MI: CAIR MI, 2023. 19p.