4	Publications

 

I took my first step.  I sent a letter to the head of the police authority that has jurisdiction for where I was stopped.  No place in the letter did I mention that my daughter and I were African American.  No place in the letter did I mention "racial profiling" or claim racism or unfair treatment.  I simply provided a statement that included questions for which I was demanding answers.  I started the letter by reporting the details of the stoppage and continued with the following statement and questions:

 

"After reviewing the circumstances related to stoppage of my vehicle I have serious questions as to actions of the police officer who conducted the stoppage.

For more than 20 years I have driven on the highway where my vehicle was stopped.  I have been and I am well aware of and I honor the 55 mph speed limit zone that extends for some distance from the tool booth before changing to a 65 mph speed limit.  As I was driving that morning I was traveling at a speed that was consistent with the speed of the flow of traffic that was leaving the toll booth.  Given that I was driving my vehicle at a speed consistent with that of the traffic flow of which I was a part, the allegation that I was driving at 70 mph suggests that the flow of traffic was also traveling at approximately 70 mph.  
 

Also, as I passed through the express lane to pay the required toll I was driving my vehicle at a speed of approximately 10 mph as required at the toll booth.  Considering the flow of traffic and the distance from the point of exiting the toll booth to the point at which I was directed to pull off the road by the police officer, it is highly unlikely that my automobile had the time to reach the speed of 70 mph as alleged by the officer.  

As a result, there is a question to be raised about my vehicle being directed off the road by the officer and it is based on two factors.  One factor is that I was driving my vehicle at a speed consistent with the flow of traffic.  The second factor is that it was unlikely that I had the length of time to drive my vehicle to reach a speed of 70 mph in the distance between the toll booth to the point where I was signaled to pull off the road by the officer.  The question is what was the basis of the officer's decision to direct me to pull my vehicle off of the highway?  Given that the speed of my vehicle was consistent with the speed of the flow of traffic within which I was driving, the officer had a number of vehicles to choose from to pull over to the side of the road for an alleged violation of driving at a speed of 70 mph in a speed zone of 55 mph.

When I passed my license and vehicle registration as directed to the officer he raised a question of my "nervousness."  Apparently this question of "nervousness" was based on his personal observation and interpretation.  What did the officer mean by "nervous?"  How was any "nervousness" on my part perceived by the officer to be relevant to the allegation of my driving at a speed that exceeded the designated speed limit?  In the officer's experience and training would he expect a citizen not to be "nervous" when pulled over by the police especially if that citizen is dealing with a personal tragedy such as the death of a family member?  What is the relevance to the allegation of driving above the speed limit, of information collected from me the driver when the observation of my nervousness is posed as a question from the officer, that because of his legal authority must be answered by me the driver?

The officer directed me out of my vehicle and began to question me regarding the contract for the rental vehicle that I was driving.  What was the basis of the officer threatening to impound my vehicle when in fact the rental contract authorized travel in the state that included the jurisdiction within which the officer had the legal responsibility to enforce the law?

While directing me to stand outside my vehicle what was the basis of the officer asking personal questions regarding the circumstances of my travel to my sister's funeral?  What relevance was there for the alleged speeding violation for the information regarding my personal travel plans?

While directing me to stand outside my vehicle, why was my daughter subjected to an interrogation?  Why was she asked questions similar to those questions asked of me by the officer?  Why was she questioned for information about an alleged speeding violation for which she had no legal responsibility as a passenger in the vehicle?  What relevance would information she provided have with relation to the alleged driving violation?  What was the purpose of subjecting her to interrogation separate from her father and source of support, at a time of serious distress at the loss of her aunt and the upset caused by the stoppage of the vehicle in which she was traveling to the funeral for her aunt?

While seated in our vehicle a second officer approached my daughter and me.  Why were we interrogated with questions similar to those that we were asked separately by the first police office?  What would be the relevance of information provided by my daughter and me in response to the questions asked by the second officer, to the alleged speeding violation?
 
As a citizen who drives extensively I would consider that driving a vehicle at 70 mph in a zone where the speed limit is set at 55 mph to be a serious traffic violation.  I would see that enforcement related to such a violation to be most critical for maintaining the safety of the driving public as well as the potential driving violator.  In the instance of my alleged driving violation, why was I only issued a Warning for allegedly driving 15 mph above the speed limit in a zone of high traffic volume.  If it was determined that I was proceeding at an excessively high speed which is a serious traffic violation with the safety of my passenger, myself, and the driving public at stake, why was I not issued a traffic citation with the associated fine?  With these circumstances there is a question regarding the legitimacy of the basis for the alleged traffic violation and the road stoppage of my vehicle.

I am writing to insist that you undertake an immediate and full investigation of the circumstances involved in the stoppage of my vehicle by your police officers.  I demand that you provide the findings of your investigation in writing within thirty(30) calendar days of the date of this correspondence.  This demand is presented to you prior to my taking further action to resolve the questions in these circumstances.