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63 Alb. L. Rev. 725 (1999-2000)
Pretext Stops and Racial Profiling after Whren v. United States: The New York and New Jersey Responses Compared

handle is hein.journals/albany63 and id is 737 raw text is: ARTICLES PRETEXT STOPS AND RACIAL PROFILING AFTER WHREN v. UNITED STATES: THE NEW YORK AND NEW JERSEY RESPONSES COMPARED Abraham Abramovsky* Jonathan I. Edelstein** I. INTRODUCTION In the last two years of the twentieth century, the practice of racial profiling-targeting individuals for police investigation based on their race alone--came to the forefront of public consciousness in New York and New Jersey. In New Jersey, the foundations of law enforcement were shaken in 1999 after state police commanders admitted to using racial drug-courier profiles to stop motorists on the New Jersey Turnpike and the Garden State Parkway.' In New York, as well, incidents such as the beating and sodomizing of Abner Louima by Police Officer Justin Volpe,2 and the police shooting of Amadou Diallo on the steps of his Bronx apartment building,3 have focused public * Professor of Law, Fordham University Law School; Director, Fordham International Criminal Law Center. B.A, Queens College, 1968; J.D., State University of New York at Buffalo, 1971; L.L.M., Columbia University, 1972; J.S.D., Columbia University, 1976. The author wishes to thank Marni Rachich for her invaluable assistance in the research and preparation of this article. ** Attorney in private practice. J.D., Fordham University, 1997; B.A., John Jay College, 1992. The author wishes to thank Madeline Bryer, Irving Cohen, Michael Faillace, Karen A. Friedman, Edward P. Jenks, and Joyce Morin Utz for their continuing support and friendship. See Thomas Martello, New Jersey Admits to 'Racial Profiling,' SUN-SENTINEL (Ft. Lauderdale), Apr. 21, 1999, at 6A (reporting on the New Jersey State Attorney General's acknowledgement that state troopers had used racial profiling in stopping motorists). 2 See United States v. Volpe, No. 98 CR 196, 1999 WL 1250635, at *1-3 (E.D.N.Y. Dec. 13, 1999) (setting forth the court's factual findings on the beating and sexual assault of Abner Louima). 3 See Michael Cooper, Officers in Bronx Fire 41 Shots, and an Unarmed Man is Killed, N.Y. TIMES, Feb. 5, 1999, at Al (reporting on the police shooting of Amadou Diallo).

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