Race a factor in interpreting police stops, court rules

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Race a factor in interpreting police stops, court rules
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Race should be considered in determining the legality of a police stop, according to a new court ruling.

in her Thursday ruling."Therefore, courts must consider the race and ethnicity of the allegedly seized person as part of the totality of the circumstances when deciding whether there was a seizure.

The man, Palla Sum, gave the police a false name and birth date, drove off as law enforcement checked for warrants, and crashed into a nearby yard, according to court documents. He was charged with making a false or misleading statement to a public servant, attempting to elude a pursuing police vehicle, and unlawful possession of a firearm.

Sum's false statements to police must be suppressed because he was"unlawfully seized" after the officer asked for his identification, the court found. Once police confirmed Sum's vehicle was not stolen, police did not have reasonable suspicion to seize Sum, the state said. "A reasonable person in Sum's position would not have felt free to ignore the officer," Sum's lawyers argued.the court to adopt a new standard for illegal seizure that includes whether a"reasonable person" observing an arrest is"familiar with patterns of policing in America and the risks a person of color takes in walking away from or disregarding police interaction." The court accepted the proposal.

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