Finding New Justifications for Harassment

The Minneapolis Police Department (MPD) has announced that it will stop arresting people for possession of small amounts of cannabis. At least that’s what you’d think if you were going by a lot of people’s comments. What MPD actually announced is far more limited in scope:

In a series of rushed announcements Thursday, authorities said that police would no longer conduct sting operations targeting low-level marijuana sales, and charges against 47 people arrested in the first five months of 2018 would be dismissed.

[…]

But in recent years, Minneapolis police have stepped up their presence on Hennepin Avenue in response to concerns about safety downtown. Using undercover officers posing as buyers, they arrested 47 people for selling marijuana on Hennepin between 5th and 6th streets.

MPD will stop having officers posing as buyers in order to find suckers to arrest. However, that doesn’t mean that the department will stop arresting people for possession of small amounts of cannabis.

Then there is the issue of demographics. When 46 of the 47 people you’ve arrested are black, red flags are raised. This is especially true when the arrests were the result of a sting operation that involved law enforcers initiating contact. Such demographics make it look as though the law enforcers in question were almost exclusively approaching black individuals and mostly ignoring people with lighter colored skin. But now that MPD has been caught apparently red handed, the racial profiling will cease, right? Don’t get your hopes up.

Anybody who studies the history of laws and how they’re enforced in the United States quickly learns that when law enforcers are caught targeting specific individuals, law that are claimed to prohibit such targeting are quickly passed but nothing changes. This is because law enforcers simply find another way to target those individuals using a different justification. A very good case can be made for the drug war actually being a continuation of Jim Crow laws. While the laws prohibiting drugs never specifically mention race, they tend to be enforced more rigorously against black individuals. But since the laws never mention race, when questions about the demographics of those arrested are asked, law enforcers have plausible deniability. They can claim that they were enforcing the law consistently but that blacks simply break those laws more frequently.

If MPD wants to racially profile, it can find a justification to do so that gives its officers deniability.