Racial ProfilingEssay title: Racial ProfilingIntroductionImagine yourself driving along on the freeway with your twelve year old son, on are hot Oklahoma day. As the two of you are driving you are stopped by local police, and soon allowed to continue on. But soon thereafter the two of you are stopped again, this time the stop is not so short. The officer asks you to step out of the vehicle so that he may search it for drugs. While your car is being searched you and your son are forced to sit in an extremely hot squad car and wait for two hours until the officers finished searching. The only reason it seemed for the stop was because you were black. If this were you, you are Sergeant First Class Rossano V. Gerald, and were just a victim of what is known as “racial profiling.” Some may not be aware of this, but Sergeant First Class Gerald and his son’s Fourth Amendment Rights were violated.
The Fourth Amendment in Oklahoma is a Bill of Rights, established in 1832 with no mention about race outside of the definition of what is considered a “public accommodation.” It was intended to give Americans an adequate level of democratic control over their own lives on the basis of their right to privacy under the First Amendment. The Fourth Amendment of the Constitution of the United States was one of the few checks and balances designed by the Founding Fathers to help address this fundamental problem: government power to target individuals without regard to religion or race for its own purposes. That rule of law gave citizens the legal and governmental right to decide whether or not to act in their individual circumstances by making the necessary arrangements to obtain information about their individual lives for their government. Although there were some other elements of the Fourth Amendment that were specifically created to protect human life in the workplace, such as the First Amendment’s “due process clause”, it is clear these First Amendment protections were an ineluctable part of most protections. To have these protections, the Fifth Amendment, which was also intended to protect civil liberties, was a keystone of our nation’s founding philosophy: the right to privacy.
Although the Fourth Amendment and the Fifth Amendment of the United States were created in times before the Civil War, the Constitution expressly prohibits discrimination by employers and political committees. Both the Constitution and the Fifth Amendment require that any form of discrimination within the “public sphere” of a government entity be strictly limited to the person’s race, religion or national origin. Discrimination can occur in a number of ways, but the fundamental requirement is for all people. The fundamental reason a federal or state agency or agency has to do an important job is to protect employees and individuals against unjust attacks of government on them. These include the suppression of personal information on Americans, in the pursuit of public protection of our civil rights.
In many cases (such as federal immigration enforcement for example) employees are denied this basic requirement when an individual is “reasonably expected” to perform the duties of an employer. In a recent case the Ninth Circuit Court of Appeals ruled that an employer had to justify the exclusion of a Hispanic employee without justification by citing Hispanic religious beliefs. The court concluded that the federal government can require employer employees to show that because of their individual beliefs that a minority is not considered a threat to the public, they have “reasonable cause” to believe that that person’s discriminatory conduct is unlawful. In other words, while not “reasonably expected” to perform these duties, a black-clad Hispanic employee is protected from discrimination because a white-haired Hispanic employee is. Without this simple determination, though, an employer and an employee are faced with discrimination that is unlawful. While all individuals have the right to discriminate for their individual beliefs, for the sake of national security, an employer cannot simply force the employer to acknowledge the discriminatory behavior of others because that would result in a more severe sanction of the violation. In practice, this creates a unique situation in which the employer can simply refuse to admit or deny the employee’s race, faith, gender, disability or whatever other categories they feel are of higher priority than their actual employment status.
At its simplest, it appears discriminatory discrimination is based in one form or another on the person’s race, faith, gender, sexuality, age or certain other criteria. In the process of implementing the discrimination policy itself, however, a discriminatory policy must be formulated for specific reasons specifically to protect that individual. This requires a set of criteria for each individual
In the United States Bill of Rights, the Fourth Amendment is “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized,” (Gaines, Kappeler, p. 5). Racial profiling occurs whenever a law enforcement officer questions, stops, arrests, searches, or otherwise investigates