Legal Question in Criminal Law in Idaho

Profiling

I am looking for case law that makes it legal for the police to profile people - not necessarily racially but those based on statistics of this certain type of person is more likely to be committing a crime based on statistics (such as why would a cop stop a soccer mom when they could stop a person violating the same crime who looks like a doper) due to the fact that those types of individuals are more likely to commit crime based on the statistics. Someone told me it's out there and it is legal. There is case law on it.


Asked on 6/20/03, 2:24 pm

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: Profiling

Cops have been profiling as long as they have been providing police services. It is legal unless they are profiling based upon a suspect class including race, sex, national origin, which are expressly prohibited by the constitution of both the United States and Idaho.

Cops will always profile persons to determine whether a particular person in particular circumstances should be followed, pulled over, or stopped on the street.

Soccer moms are not a suspect classification under the constitution requiring greater protection from police abuse and I don't believe that there are any cases that preclude these types of profiling without the inclusion of a suspect classification.

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Answered on 6/23/03, 11:49 am


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