- Racial Profiling by Police Under the 14th Amendment, a persons race or ethnicity can never be the sole reason for the police to stop or detain a person. If the Court were to determine that a initial seizure was based "primarily" on a persons skin color, (aka racial profiling) the court would likely rule the stop was unconstitutional and violating equal protection . But can it be proved in court that race was the primary factor? Read the case scenario described on page 113 in Chap 4 of the text entitled, Constitutional Law in ACTION. Essay Question: Is the scenario describing Officers Baylor and Breen's actions a case of racial profiling by police? Present both sides, beginning with you arguing as a defense attorney that the case should be dismissed and reasons why. Then present the prosecution side arguing that this was not a case of racial profiling and why it should be upheld as a constitutional stop.
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