Speak this: Why I Pursue My Motivation To Attend College
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He made sure his hands were on the steering wheel, planted at 10 and 2 as his parents had taught him, and asked why he had been stopped. The officer was referring to the tree-shaped air freshener dangling near the windshield but quickly moved on to other questions: Do you have any marijuana? Do you smoke marijuana?
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When was the last time you did smoke marijuana? Do you have any cocaine? To Colbert, who is Black, the air freshener seemed nothing more than a pretext for the driving equivalent of a stop-and-frisk. The air fresheners that dangle from rearview mirrors have here a ubiquitous accessory in cars for decades.
They are part of a suite of low-level offenses, such as tinted windows or broken taillights, that civil rights advocates complain have become common pretexts for traffic stops that too often selectively target people of color. One of the officers later noted the air freshener hanging from the mirror, which was a violation of the law, Orput said.
Story continues Racial bias in traffic stops has been a focus of researchers and civil rights advocates for years. Collectively, officers found contraband at a lower rate among those searches than in searches of white drivers.
Traffic stops also have the potential to escalate, like the case of Wright, who was shot by a police officer after he got back into his car as the police tried to arrest him for an unrelated warrant. The officer, Kimberly Potter, who had shouted that she was preparing to use her Taser, resigned and was charged with second-degree manslaughter.
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Paige Fernandez, a policing policy advocate at the American Civil Liberties Union, said low-level infractions such as expired registrations and air fresheners on mirrors should not be handled by armed police officers. Mayor Mike Elliott of Brooklyn Center, Minnesota, where Wright was killed, said police officers should not be pulling people over because of an expired registration during the coronavirus pandemic. The prohibitions against objects hanging from rearview mirrors can extend to fuzzy dice, graduation tassels and rosaries. Last year, amid the pandemic, authorities in Maine warned against hanging masks.
A woman who answered the phone for the manufacturer of one of the most common hanging air fresheners, Little Trees, said the company would have no comment on the legal link. States have long grappled with Collegf to best handle the obstruction issue.
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After court data showed more than 1, citations in one year for people driving on Maryland highways with windshields obstructed by objects or materials, the state changed its law in The violation is no longer a primary offense, which would justify a traffic stop, but a secondary offense, which can only be cited after a motorist has been pulled over for something more serious, such as speeding. Virginia has followed suit as part of a broader package of reforms limiting when the police can conduct traffic stops.
Dana Schrad, executive director of the Virginia Association of Chiefs of Police, said the group had supported some of the changes, including a prohibition on stopping people for recently expired registrations. Making windshield obstructions a secondary offense could allow some motorists to see more driving even with substantial obstruction that limits their view.
Schrad said that had raised concern that roads could become less safe. Schrad said that when officers stop people for minor violations, they can also discover other issues, including outstanding felony warrants or evidence of other crimes.
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In places where air fresheners have been treated as a primary offense, the traffic stops have faced legal challenges with various outcomes. On an April evening inBenjamin Garcia-Garcia was driving a minivan along Interstate 55 near Springfield, Illinois, when a state trooper who had been parked in link median moved onto the freeway and pulled him over.
The trooper more info conceded that he did not stop every car with an air freshener and had not observed any other traffic violations. The trooper issued a written warning, but in the process he also learned that Garcia-Garcia and his passengers were in the country illegally. That triggered a response from Immigration and Customs Enforcement that resulted in Garcia-Garcia facing a federal charge of crossing the border illegally. He was imprisoned and deported. Garcia-Garcia challenged the justification for the stop as part of his criminal case, arguing that the trooper could not have seen the air freshener on a vehicle going at highway speeds and that he could not have concluded it was a material obstruction.
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