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Profiling in traffic stops: When does it become unconstitutional?

On Behalf of | Jan 27, 2025 | Criminal Law |

Criminal profiling is an investigative technique that helps law enforcement identify suspects based on the nature of the crime and the evidence gathered. It usually includes a description of the suspect, possible employment, their patterns of movement and other factors. 

When combined with traffic stops, criminal profiling can be extremely useful in certain crimes. For example, a criminal profile might include a description of the suspect’s vehicle, their physical appearance and where they tend to roam. Conducting traffic stops based on these factors can help apprehend the right person. 

However, profiling can become unconstitutional when it focuses on the person’s race, national origin, economic status or sexual orientation. 

When does profiling violate your constitutional rights? 

When a police officer performs a traffic stop, they must have a legitimate reason or probable cause. In other words, they cannot pull you over solely because of your: 

  • Race or ethnicity 
  • National origin 
  • Religion 
  • Sexual orientation or gender 
  • Socioeconomic status 

Profiling becomes unconstitutional when it violates your rights to equality and civil liberties. Racial profiling is a common example of this.  

For example, the police should not stop you just because of your race. They must have a legitimate reason, such as suspicious behavior or a match with a suspect’s description. 

Another example is socioeconomic profiling. Suppose a cheap car drives through a rich neighborhood. Simply driving through a neighborhood is not suspicious, and they will not have sufficient probable cause for a traffic stop. But if that car matches a description or the driver is visibly drunk, the stop may become valid. 

How can you protect your rights? 

It can be difficult to navigate a traffic stop, even more so if the police are operating under bias. Remember your rights: 

  • You have the right to remain silent, but you may have to give them your name and ID if there is suspicion of a crime 
  • You do not have to consent to a search 
  • You can choose not to answer questions about your birthplace, citizenship or immigration status 
  • You have the right to contact your attorney 

It is important to stay calm and cooperate as much as you can. Even if you break a traffic law, it does not give the police any reason to violate your constitutional rights. Consider working with an attorney who can help address both your traffic stop and any illegal actions against you.