Legal Question in Criminal Law in Virginia

Speeding Ticket, Possession Charge, Racial Profiling

friend feels that he was racially profiled. 1st question officer asked was is this your car...friend is af/am w/ luxury car. friend took all sobriety tests and passed. was patted down by male officer along with female passenger also patted down. nothing found. 1st ticket issued. car was searched. mj found. friend was parked officer did not turn on any lights until friend waived officer around in parking lot. friend was looking for parking spot. can he get cases dismissed? did research on officer every person 110 was minority that he pulled over 2 tickets issued in each case 1 to stop and search. 2nd ticket always issued. caucasians 10 max all DUI/DWI without speed to pull over. does friend have a case for profiling?


Asked on 2/11/08, 3:20 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Speeding Ticket, Possession Charge, Racial Profiling

The key issue in this situation (in my opinion)does not involve "profiling", but whether there was valid probable cause for the stop (or intervention)by the officer and the subsequent field sobriety tests.

There also remains the question as to

why your friend's vehicle was subjected to police search if he was not arrested unless he foolishly consented to the search.

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Answered on 2/13/08, 9:52 am


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