Using the IRAC method, read the following case study, review the questions below and submit a 2 to 3 page paper responding to the questions.
A plainclothes police officer, Detective James McFarland, was patrolling his assigned neighborhood, in Anytown, USA. He noticed two individuals, an African-American named Willis Jackson and a Mexican-American named Alberto Rodriguez. Det. McFarland had never seen these men before until this particular day. Det. McFarland had developed a habit of looking out for shoplifters and pickpockets during his time patrolling the neighborhood by watching people on the streets. In this particular case, he believed that something “did not look right.” So, the officer began to watch more closely.
Det. McFarland saw Jackson walk a relatively short distance and look into the window of a liquor store. He then walked back to Rodriguez and they talked. Rodriguez then went into the store, walked around and came out with a small brown paper bag in his hand. According to Det. McFarland, the two men repeatedly walked back and forth to look in the window at least 5 or 6 times until a third individual, James Watson, approached them. Watson talked to them briefly and then left. Shortly after Watson left, the other two men left.
About an hour later, Jackson and Rodriguez returned to the front of the store. Det. McFarland then confronted Jackson and Rodriguez and asked them to identify themselves. After the men seemed to be “mumbling something,” Det. McFarland then patted down Jackson, by patting down his outer clothing. He found a gun. Then he patted down Rodriguez and found another gun.
The men were arrested and charged with carrying concealed weapons. Before trial, Rodriguez and Jackson claimed that they were racially profiled and that the search was unlawful. They sought to suppress the weapons.
Based on the definition of racial profiling in the textbook, do you think Det. McFarland was guilty of racial profiling?
What standard does the officer have to meet to detain a person for questioning or to request identification?
Did Det. McFarland meet that standard?
