Driving While Black in Florida?
For many African Americans, this is a daily occurrence, for others, it is something they have never heard about. So, what exactly is driving while black? This is a recent phrase that encompasses the daily struggles of African Americans on the road facing “racial profiling”, something that unfortunately has been going on for way too many years. Racial profiling isn’t limited to African Americans, Latinos, and other people of color who undergo the same unfair treatment, hence, the term “driving while brown” … this implies racial profiling happens to everyone who isn’t white.
The 4th Amendment of the U.S. “search and seizure” protects personal privacy, and every citizen’s right to be free from unreasonable government intrusion into their persons, homes, businesses, and property. Some examples of situations when it applies:
- An individual is stopped by police for questioning while casually walking down the street
- An individual is pulled over for a minor traffic violation, but somehow the police officer ends up searching the vehicle
- Police officers enter an individual’s house/business to place them under arrest, or to search for evidence of a crime
There are way too many scenarios to include, What’s important to know, is that none of the above are legal unless:
- There’s a valid search warrant
- There’s a valid arrest warrant
- There’s the belief rising to the level of “probable cause” that an individual has committed a crime. However, it is important to note Police can stop and frisk (Terry) for reasonable suspicion of criminal behavior. But they can’t do a full search and they can’t arrest based on reasonable suspicion
The latter is the one stipulation usually abused by law enforcement against people of color – The “probable cause” that comes with melanin. It seems there’s an engraved misconception that individuals of color commit more crimes. It doesn’t matter the type of car you drive, your age, or your job if you are driving while black or brown, you could easily become suspicious to the police.
This of course fuels the disproportionate percentage of blacks currently incarcerated in Florida, where although they make up only 17% of the population, in jail, they make up 39% of the population, and in prison, that percentage rises to an astounding 47%.
If you have been arrested for a crime whether big or small, don’t hesitate to contact us. Our Criminal Defense Lawyers have over 100 years of experience successfully handling all types of criminal cases in the state of Florida. In addition to our main office in Orlando, we have offices in Tampa, Jacksonville, Ocala, Lakeland, Kissimmee, Sanford, Melbourne, and Daytona Beach. Contact us today for your free consultation.
You may be interested in reading these 5 Tips in Case You Get Pulled Over by Police and here is a list of legal resources in the Orlando and Orange County area.
If you or your loved one find themselves in a situation where you are being accused of driving while black or brown, call us right away at 407-930-8912 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Orlando location, we have offices in the following cities across the state of Florida:
- Daytona Beach
- Kissimmee
- Melbourne
- Lakeland
- Ocala
- Tampa
- Fort Myers
- Sanford
- Miami
- Jacksonville
- Fort Lauderdale
- Sarasota
- Clearwater
*Additional Orlando Florida & Orange County Legal Resources