Police in St. Paul accused of racial profiling after arrest

In January of this year, an African American man from St. Paul was sitting on a bench inside a bank as he waited to pick up his children from daycare. CNN reports that a security officer told the man to leave the area, alleging that it was for employees only though there were no signs marking it as private. Additional law enforcement were called in and told the man he was going to jail.

A video captured images and audio of the experience. Though the video goes black as officers try to restrain the man, viewers can hear the man screaming for help and for his children. He claims that officers used a stun gun on him as he was asking what he had done wrong. He was charged with disorderly conduct, trespassing and obstruction of the legal process, yet all the charges were dropped six months later.

The role of racial profiling

All of the law enforcement involved in this incident are white, sparking numerous allegations that the man had been targeted due to his race. The St. Paul Police Department maintains that the video did not show the fully story, and an investigation is underway. However, as a spokesperson for the St. Paul Black Ministerial Alliance noted in the CNN report, the aggression used against the man is troubling, especially because it appears he had not done anything illegal.

According to a 2013 report released by the State of Minnesota’s Council of Black Minnesotans, racial profiling is a serious problem in which law enforcement disproportionately target people of color. The report notes that the issue is evident at every layer of the state’s justice system, notably that Minnesota has a black-to-white imprisonment ratio of 25 to 1, which is the highest in the country.

More than just disparity

The report found that white people make up nearly 85 percent of the total population, though they only account for 42 percent of the prison population. Black people, however, make up only 5 percent of the population in Minnesota, yet account for 37 percent of the prison population. The findings show that the disparity is true in adult correctional facilities as well as juvenile detention centers. The Minnesota Council on Crime and Justice also reports the following:

  • Racial profiling appears more pronounced for low-level crimes, such as domestic disturbances and traffic stops.
  • A black person in Minnesota is 20 times more likely than a white person to be stopped for a traffic violation.
  • White people were more likely to have contraband on them, but arrests and prosecutions against blacks were 10 times higher.

As the American Civil Liberties Union notes, racial profiling is a threat to people’s constitutional rights and, since Sept. 11, 2001, the practice has greatly extended to other minorities as well, specifically people of the Muslim and Arab communities. Anyone who is charged with a crime and suspects race may have played a role should contact an attorney.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

People facing drug crime charges who were victims of unlawful search or seizure may wonder, “What role does search and seizure law play in drug cases?” Under the Fourth Amendment, search and seizure law protects you from unreasonable searches and seizures by law enforcement officers. The Minnesota constitution provides similar protections.
One question that may linger on your mind upon discovering you are under drug crime investigation is: “What should I do if I’m arrested on drug charges?” The first thing you should do if you’re arrested on drug charges in Minneapolis is stay calm and cooperative. Then, document the arrest while the event is still fresh in your mind. Next, hire a lawyer who has built a successful practice around helping criminal defendants facing drug related charges.
If you are facing a sex crime charge or suspect the police are investigating you, you might wonder: “Can I be charged with a sex crime if the other party consents?” While you might have consensual sex with someone, sex crime charges can still be filed against you in Minnesota. Legal concerns, such as the complainant’s age, mental capacity, and legal authority, are usually considered during court proceedings for sex crime cases. All those issues can impact your case.