Let me begin by confirming my belief that “driving while Black” is an actual phenomenon, though perhaps less common than perceived by some. My belief is supported by the credible reports of Black clients and others describing traffic stops for nebulous cause. Since my evidence is anecdotal and not statistical, I cannot make any conclusions about the frequency of “DWB” traffic stops. A parallel phenomenon is the increased risk of a traffic stop of young males of any race. I gave up being young a few decades ago. My whiteness is more enduring.
The incident serving as the inspiration for this Article happened one late April Friday afternoon as I was driving back to my office after lunch. Since I was not scheduled for court that day I observed the rule of “casual Friday” with flannel and denim attire. When so dressed I can generally “pass” as a nonlawyer. I’m not sure where the black Ford Explorer was when I turned right from westbound 165th Street onto northbound Hohman Avenue. I drove maybe 60 yards or so on Hohman Avenue when the “takedown” lights filled my rearview mirror. I promptly pulled to the curb and stopped. While waiting for the officer to walk up to my window, I kept my hands on the wheel except to move my gear selector to “park” and to turn off the ignition. I reached for my license and registration only after the officer asked for them. Just prior to that request the officer asked whether I knew that I had an inoperative driver’s side brake light. I responded “not until now.” It seemed that I was expected to fear a citation for the supposed infraction. I was calmed by my knowledge of IC 9-19-6-6 and IC 9-19-6-17 to the effect that one working motor vehicle “stoplight” is enough for legal operation. I kept that knowledge to myself lest the officer adopt some other cause for the traffic stop.
The officer asked how long it had been since I had been pulled over by police. I responded that it had been “years” (more than twelve). He checked something else in his Explorer and finally returned with my license and registration and the strict admonition to fix my brake light. I promised that I would but without any contrition for my misdeed nor any appreciation for the supposed mercy of the officer in not citing me.
Though the officer didn’t actually declare that my driver’s side brake light was burned out, he certainly implied that it was and used the implication of an equipment violation as cause for the traffic stop. I assumed that the officer was being honest. He wasn’t. The brake light was not burned out or otherwise inoperable. It didn’t need to be fixed. The cause for the traffic stop was a fabrication. Add to that the circumstance that a Black cop executed the traffic stop of a White man for no reason other than he could. Is this an instance of racism? I doubt it. The more likely explanation is that the officer was simply being an ass. It may be about race sometimes, but not always.
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