By — Kenya Downs Kenya Downs Leave your feedback Share Copy URL https://www.pbs.org/newshour/nation/black-men-fleeing-police-reasonable-massachusetts-highest-court-rules Email Facebook Twitter LinkedIn Pinterest Tumblr Share on Facebook Share on Twitter Black men fleeing the police is reasonable, Massachusetts court rules Nation Sep 22, 2016 1:10 PM EDT When black men flee to avoid an encounter with police, they’re not being suspicious. That’s according to a recent ruling by the Massachusetts Supreme Judicial Court. As WBUR’s Zeninjor Enwemeka reports, the high court ruled that a documented “pattern of racial profiling of black males in the city of Boston,” makes an instinctive reaction to flee reasonable. [T]he court noted that state law gives individuals the right to not speak to police and even walk away if they aren’t charged with anything. The court said when an individual does flee, the action doesn’t necessarily mean the person is guilty. And when it comes to black men, the BPD and ACLU reports “documenting a pattern of racial profiling of black males in the city of Boston” must be taken into consideration, the court said. “We do not eliminate flight as a factor in the reasonable suspicion analysis whenever a black male is the subject of an investigatory stop. However, in such circumstances, flight is not necessarily probative of a suspect’s state of mind or consciousness of guilt. Rather, the finding that black males in Boston are disproportionately and repeatedly targeted for FIO [Field Interrogation and Observation] encounters suggests a reason for flight totally unrelated to consciousness of guilt. Such an individual, when approached by the police, might just as easily be motivated by the desire to avoid the recurring indignity of being racially profiled as by the desire to hide criminal activity. Given this reality for black males in the city of Boston, a judge should, in appropriate cases, consider the report’s findings in weighing flight as a factor in the reasonable suspicion calculus.” Check out the full report over at WBUR. We're not going anywhere. Stand up for truly independent, trusted news that you can count on! Donate now By — Kenya Downs Kenya Downs Kenya Downs is the digital reporter and producer for PBS NewsHour’s Race Matters and education verticals, creating multimedia content for online and television centered on issues of race and social justice, including exploring the intersection of identity and culture with education reform and policy. Kenya also contributes content related to the Caribbean region for NewsHour's international coverage. She’s previously worked with National Public Radio, Al-Jazeera Media Network and CBS News. Kenya is a graduate of both Howard University and American University and is based in Washington, D.C. @LiveFromKenya
When black men flee to avoid an encounter with police, they’re not being suspicious. That’s according to a recent ruling by the Massachusetts Supreme Judicial Court. As WBUR’s Zeninjor Enwemeka reports, the high court ruled that a documented “pattern of racial profiling of black males in the city of Boston,” makes an instinctive reaction to flee reasonable. [T]he court noted that state law gives individuals the right to not speak to police and even walk away if they aren’t charged with anything. The court said when an individual does flee, the action doesn’t necessarily mean the person is guilty. And when it comes to black men, the BPD and ACLU reports “documenting a pattern of racial profiling of black males in the city of Boston” must be taken into consideration, the court said. “We do not eliminate flight as a factor in the reasonable suspicion analysis whenever a black male is the subject of an investigatory stop. However, in such circumstances, flight is not necessarily probative of a suspect’s state of mind or consciousness of guilt. Rather, the finding that black males in Boston are disproportionately and repeatedly targeted for FIO [Field Interrogation and Observation] encounters suggests a reason for flight totally unrelated to consciousness of guilt. Such an individual, when approached by the police, might just as easily be motivated by the desire to avoid the recurring indignity of being racially profiled as by the desire to hide criminal activity. Given this reality for black males in the city of Boston, a judge should, in appropriate cases, consider the report’s findings in weighing flight as a factor in the reasonable suspicion calculus.” Check out the full report over at WBUR. We're not going anywhere. Stand up for truly independent, trusted news that you can count on! Donate now