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Attorney General says traffic stops based on race are not unconstitutional

An Arizona assistant attorney general suggested to the state Supreme Court on Tuesday that law enforcement officers could pull over motorists because of their race without violating their constitutional rights. The argument stunned the justices and led to a late afternoon statement from the Arizona Attorney General's Office denouncing racial profiling. At issue is whether evidence could and should be thrown out of court if it arises out of a traffic stop based on racial profiling. A Yavapai County Superior Court judge has ruled that it cannot be thrown out. But during oral arguments before the Arizona Supreme Court, the attorney representing the state said that targeting minorities for traffic stops can't be considered racial profiling unless the motorists are also ticketed. "What is the traffic infraction involved in being Black?" Justice Rebecca White Berch barked at Assistant Attorney General Cari McConeghy-Harris. "The stop itself does not implicate any law," McConeghy-Harris responded, adding that as long as the officer did not write a ticket, constitutional rights would not be infringed. "I can't believe the state of Arizona thinks it's OK to make stops on the basis of race," Justice Andrew D. Hurwitz said. Hours later, in response to media inquiries, the Attorney General's Office clarified its position. "The Attorney General's Office has worked extensively to prevent racial profiling and is committed to ensuring that law enforcement agencies in Arizona do not engage in this practice," it said. [more] and [more]