Pubdate: Sat, 13 Nov 2004 Source: Virginian-Pilot (VA) Copyright: 2004, The Virginian-Pilot Contact: http://www.pilotonline.com Details: http://www.mapinc.org/media/483 Author: Roger Chesley, The Virginian-Pilot Bookmark: http://www.mapinc.org/racial.htm (Racial Issues) STATE TROOPER'S ESP HAD A STRONG DOSE OF DWB You've got to be impressed by the cognitive abilities of the drug interdiction squad at the Virginia State Police. It's like they're psychic. They seem to be able to know in their bones when certain motorists are transporting drugs. Let's set the scene: A couple of years ago, Trooper C.S. Wade, a narcotics cop veteran, had just finished a traffic stop on U.S. 13 in Northampton County, along the Eastern Shore. Wade, in uniform and walking outside his unmarked trooper's car, noticed a green 1997 Mercury Mountaineer traveling south . He would later testify in federal court that the SUV's driver, Ronald C. Foreman, "was staring straight ahead as he approached, and as he went by my location, both of his hands were on the steering wheel. He was in a very tense posture and never looked over at any of us on the side of the road as he went by." One more thing: The trooper is white; the motorist is black. You can probably see where this is headed, and it's not the Chesapeake Bay Bridge-Tunnel. Call this a classic case of police targeting a motorist who was "DWB" - - "Driving While Black (or Brown)." In this instance, the police went on a fishing expedition and successfully hooked a kilo of cocaine and a suspect. Am I glad the illegal drugs didn't reach the streets of South Hampton Roads? For sure. Am I angry police didn't mind taking a chance on detaining Foreman, a Norfolk native, primarily because he's African American? You betcha. As a federal public defender said, "A late-model car driven by a black male was the real reason the man was stopped." State police officials insist they do not profile by race or gender. "During interdictions, we look for characteristics not common to the average traveling public," says Lt. Kimberly S. Lettner, unit commander of the State Police counterterrorism-interdiction unit. She told me Friday that her troopers don't stop motorists unless there's a violation or reasonable suspicion. But the fact is we rarely hear about those cases where African-American or Latino motorists are kicked loose after being stopped on a cop's hunch. Police say Route 13 is a known drug pipeline to New York City, but it's also a key route to states north for law-abiding citizens. If I'm driving on it, do I have to rubberneck and place only one hand on the wheel when I see the police, just to make sure I won't be pulled over? This is no idle rant. Last year I wrote about a case in which the state paid out $30,000 in a DWB-related lawsuit. An African-American man said he was illegally detained and repeatedly searched by a white state trooper on Interstate 95, even though the motorist wasn't guilty of anything. Col. W. Gerald Massengill, who was superintendent of the State Police at the time, said troopers didn't record the race of individuals stopped but not issued tickets. That should change. You can't really know whether racial profiling is a serious problem unless you keep objective data on the police stops. In the June 2002 incident on the Eastern Shore, Trooper Wade got back into his police car and pulled over Foreman. The trooper had clocked him going 64 mph in a 55 mph zone (over the limit, but not unusual on state highways). He also noticed the SUV driver had air fresheners dangling from his rear-view mirror, a potential sight obstruction. Foreman got out of his car and entered the trooper's car. After a series of questions by Wade, and after checking his license and registration, Foreman was free to go. It's then that Wade asked to search his vehicle; Foreman refused, but a drug-sniffing dog was by now at the scene, and it became agitated while walking around the outside of the SUV, suggesting narcotics were inside. A brick of cocaine was recovered. Foreman's case bounced around the federal courts. U.S. District Judge Rebecca B. Smith first suppressed the evidence, citing an improper search; a three-judge panel on the 4th Circuit Court of Appeals reversed her ruling. Foreman, with 35 convictions, recently pleaded guilty to the drug charges in the case and was sentenced to more than six years in prison. He's obviously no saint. What's bothersome, though, is the rationale for stopping Foreman in the first place. Roger Gregory, an African-American judge on the 4th Circuit, said in his dissent that police, in other cases, cite making eye contact with an individual as a reason for stopping them. So which way is it? The trooper's fishing trip was successful with Foreman. We just don't know how many times police have to release their catch - all the while trampling on our constitutional rights. Roger Chesley is associate editor of The Pilot's editorial pages. - --- MAP posted-by: Derek