Stuff You Should Know - How Profiling Works

Episode Date: July 28, 2015

At its base, criminal profiling is a legitimate investigatory tool. The Supreme Court has drawn a clear line that bans profiling when it includes race. So why do we still do it? Learn more about your... ad-choices at https://www.iheartpodcastnetwork.comSee omnystudio.com/listener for privacy information.

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Starting point is 00:00:00 Hey friends when you're staying at an Airbnb you might be like me wondering could my place be an Airbnb and if it could what could it earn? So I was pretty surprised to hear about Lisa in Manitoba who got the idea to Airbnb the backyard guest house over childhood home now The extra income helps pay her mortgage. So yeah, you might not realize it But you might have an Airbnb to find out what your place could be earning at air bnb.ca host I'm Munga Shtitigler and it turns out astrology is way more widespread than any of us want to believe You can find in major league baseball, international banks, K-pop groups, even the White House But just when I thought I had a handle on this subject something completely unbelievable happened to me and my whole view on astrology changed
Starting point is 00:00:46 Whether you're a skeptic or a believer give me a few minutes because I think your ideas are about to change too Listen to Skyline Drive on the iHeart Radio app, Apple podcasts, or wherever you get your podcasts What was that? That is a heraldic announcement Yes, before we get going I know people on social media already know this stuff But I wanted to announce on the podcast that Chuck here has adopted a baby girl Chuck has a baby a beautiful baby. Yeah, she is. She's cutie. She came she was 10 days late So she came out and not looking like one of those little alien creatures. No, it's fully formed. Yes What's her name Chuck? Her name is Ruby Rose Bryant man. She's so cute and she was born on your birthday
Starting point is 00:01:36 Yeah, isn't that crazy one of the better days of the year July 15th, but isn't that remarkable? I think it is remarkable out of all the days. Yeah, and I was literally I was just like Well, let me scroll through the celebrity birthdays Just you know for giggles to see what you know who shares a birthday right about three course the way down I saw your face that's all and I'd forgotten it was your birthday because I was just in another planet I didn't and I like immediately. I was like Emily. He got to see this. You'll never guess whose birthday she shares So I think that's really neat. So anyway Thank you everybody for the support stop stop Chuck. Yes on behalf of every stuck
Starting point is 00:02:14 You should know listener out there. Yes, congratulations to you and Emily. Do you feel like you can speak for them? Yes, of course. Okay. Yeah, there might be like one guy out there. He's like, I don't care He can stop listening right now but I do have some people to thank this happened in Tulsa, Oklahoma and We stayed in this little area called East Village It was literally like a block and this loft and Airbnb loft and And above pizza place and across the street from a bar and oh, I'll bet you have some people to thank Yeah, these people like took us in as family. It was like literally every day, you know for ten days late
Starting point is 00:02:51 We're out there two days early. So for like two weeks, they were like what's going on? You know, where's this baby? So I want to thank Hodges Bend, which you would love to do this cocktail bar. Yeah, right up your alley. It sounds like it. You said cocktail bar Yeah, and not only do they make like fresh, you know, fresh ingredients, but they don't have like a thing of cucumber sliced up They always like slice it as needed or as needed nice and you know the jalapeno you would have they were doing it right there So Jamie and Nate and Nicole and Ian the chef at Hodges Bend was the stuff you should know fan Oh, yeah, he came out and he was like is it who I think it is how fortuitous how fortuitous and then East Village Bohemian pizzeria we stayed above this place and they were great
Starting point is 00:03:34 Did the smell drive you nuts all the time? No, but we ate a lot of people So Pat there and my boy max max and I really hit it off. We're like genuine life pals now nice And he at the end I go to leave and I just give him a letter saying thank you and here's my contact info And then like p.s. By the way, I have a podcast. He's an ornithologist. He has his master's Wow, but he's not doing that right now you know, he's running this pizza joint and And just a really smart guy was like I think you might like this podcast I do he Comes up and tells me afterward. This is like our parting words. He was like dude your Chuck It's like oh really? I had a weird like thing
Starting point is 00:04:15 He said I knew that you seem familiar, but I didn't want to say anything like even watch the TV show Oh, wow, so max was like that's probably why I didn't want to say anything. Yeah You didn't want to bring it up so a huge thanks to those guys and then our caseworker Jessica Also a stuff you should know that is amazing because at the end of our first call like a month ago She went all right. We've got business done. I have something I have to admit Like I'm a huge fan and so it was weird. It was like the stuff you should know nation sort of caring for me Yeah, and all of the people like you put a picture of Ruby rose up Yeah, and like broke the internet. It was it was people of newborns. Well, yeah, but people of Chuck's newborn
Starting point is 00:04:59 Yeah, but you know it could have been a puppy and probably gotten I don't think so man. I don't think that was very sweet. Yeah, so that meant a lot to me But Jessica and her two sons Hugh and Henry. I know they are listeners, too They're awesome boys and she really took care of us. So I'm glad it worked out like man three weeks in Tulsa It was weird and Stressful and but it sounds wonderful. Yeah, good start though. Yeah, I mean we were in there Emily helped deliver this baby That is so and I was in the man's zone right behind. I am so proud of you guys. Yeah, I'm so happy for you guys I also want to say Jerry's not allowed to talk Jerry feels the exact same way
Starting point is 00:05:36 She's well, we could take the duct tape off today. Maybe Jerry. How do you feel? Yes She agrees she just spelled out on the speak and spell Simple Call the police. Anyway, this is not gonna become the new baby show. She will probably disappear from Your lives, but just know that we're all doing great. Thank you for the support. Okay. All right. Yep. Nice job Chuck Thanks, man. Congratulations. Thank you, sir Welcome to stuff you should know from how stuff works calm
Starting point is 00:06:08 Hey And welcome to the podcast I'm Josh Clark. There's Charles W. Chuck Bryant and Jerry which means it's time for listener mail. Oh Wait, that's early Wow How about that? I'm brain to start. That's it. So we leave that in there. You want to yeah, or maybe I should just read listener mail We can go home It's a build your own episode. Yeah, it's a mad libs. Just fill it in. I'm profiling. Yeah styling and profiling I'm pretty excited. Are you styling a profile? Well, this is a grab. That's a different thing. This is yeah, okay
Starting point is 00:06:50 I think that has to do with them like Photography No, I think styling a profile and just means you're live in large. Yeah, you're fashionable and hip. Oh Oh, gotcha. Yeah, no, this is different. Yes Yeah, and this is a grabster article, which is the mark of quality as we all know it is it's refreshing to see and it is We should just say right off the bat Profiling is a super divisive topic. Oh, yeah There are many ways to look at it and they make sense sometimes on both sides. It's a tough one. Yeah
Starting point is 00:07:26 So that's my caveat. It's divisive. So What one thing that grabs her immediately points out is like it not all profiling is Profiling like you think of sure there. We're gonna talk about all the different ways. You're right There's plenty of accepted forms of profiling. Yeah, and the first one Is the standard all points bulletin or be on the lookout? Yeah, that's the kind that no one has a problem with no one Does yeah, cuz that you you know what that is That's the silver Toyota Tacoma was spotted today and white male in his mid 40s with spiky hair and
Starting point is 00:08:05 Sort of chubby with a big gross gray black beard has committed a crime, right? He's wearing cargo shorts and flip-flops. Oh, I see you're describing yourself profiler But you put in there white male. Yeah, and the reason that's what I am the reason why people don't have a problem with this is Twofold one a crime has already been committed. Yeah, okay I committed a crime. So the police work is finding a perpetrator that has already committed a crime and secondly that profile is Based on eyewitness Accounts descriptions of the person. That's right. So that profile is being used to
Starting point is 00:08:45 To track down a specific person. It has nothing to do with anybody else. Who's white, right? It has nothing to do with anybody else who drives a silver Tacoma. Yeah, it has nothing to do with any of that jazz It's just this guy is Suspected of having committed this crime. Yeah, and he looks like this. Yeah, you hear you see it on the news every night Yes, you know, that's not just cops that use this the news will say the suspect is You know wearing a handsome checkered Oxford button down Wispy hair, right? And white straight teeth exactly so they're describing you. Oh, you think my teeth are nice
Starting point is 00:09:28 I didn't say that I said they were white and straight. That's nice. That's what you're into This is coming from a guy who just found out he's about to have to lose his front tooth all over again And start over. Yeah, man, that sucks, which I know there are some fans out there that are Laughing Aaron Cooper that toothless Chuck is coming back in the house for it's really just him Yeah, he's the only one who'd be jerky enough to laugh At that's that kind of misfortune, you know, I know I'm sorry to bring that up I'm just still reeling from that discovery. It stinks. You think you get an implant and it's for life Yeah, especially when they tell you a lifetime implant. Yeah, exactly. All right, so
Starting point is 00:10:11 Like you said including descriptions and skin color is not controversial in this case No, it's in everybody from the feds to the local police are okay with that Yeah, they're all in on it and and not just the police like everybody's like, yeah, this is fine. This makes sense. Sure. Not a thing That's right. The next one is psychological profiling Yeah, and this is when you don't have a lot of physical evidence or you don't have an eyewitness And you're trying to fill in the blanks and make some good guesses Billy blanks based on Remember that guy Some good guesses based on like the crime scene or just the circumstances of the crime
Starting point is 00:10:50 Yes, again a crime has already taken place and you're trying to figure out who solved it and You're taking all that committed it You're trying to figure out who's gonna solve it. All right. All right pre cogs Which you figure out the same moment when as you do when you figure out who committed it It's interesting a mind-bending twice. You've jumped to the end of something. It's so weird. I don't know what that means I think you know Sometimes they are vague. Oh wait, I hadn't finished my thought. Okay. I didn't mess it up that bad. Let me go back and finish all right
Starting point is 00:11:24 Oh, the point is it's drawn from available evidence. Yeah clues clues Yeah, that you're bringing together to try to draw them up an idea of who did this. Yeah, right exactly Okay, so sometimes it can be vague, but if you watch TV and movies It is probably not how it really goes down, but it's super specific when you see it in fiction Right, you know, like I think this is a man who was beaten as a child and he probably lives alone Or Sherlock Holmes was really good at that kind of thing. It's a good point. Love Sherlock Holmes. Yeah, that's good stuff Did you know he was a morphine and cocaine addict? Oh really? Yeah, well, I guess you need both in like the original stories really Yeah, oh like it in the books. Mm-hmm. Wow
Starting point is 00:12:14 Not the real guy All right, well, I think yeah, you sure you're not just thinking of Robert Downey Jr. Oh, I'm a hundred percent sure Okay, I mean I've read the originals. No, it's just any like you know does he shoots morphine in it? Yeah, and Watson's not very happy with the whole thing. Oh, is he clean? Yeah, he's straight edge No, he's not straight edge, but he doesn't he's not a junkie, you know, right? But he didn't care. He was like Watson washed my toes It's like in Between
Starting point is 00:12:44 All right, moving on to predictive profiling. Well, yeah, this is where it starts to get a little messy Yeah, I can get a little controversial even psychological profiling is a little controversial I have to say Chuck like it's not a proven tried-and-true thing. It's as much a guessing game as anything else. That's true But it's not nearly still as controversial as predictive profiling because now you're trying to say These people will probably commit a crime right not not not civil rights are at issue big time big time Police officers do great work. Ideally. They're not just reacting to committed crimes, but they are
Starting point is 00:13:28 Driving around the neighborhood looking for a suspicious person that might be about to commit a crime to prevent crime To prevent a crime which is tough to do, you know, right place right time in most cases Yeah, and you use the word ideally, right? Ideally, okay. Yes So even when this happens is the Supreme Court is roundly sided with police officers And they're profiling right for justification. So it's legally speaking. Okay. It's on the books. It's on the books So so give an example of the kind of profiling that's okay to be used The one in the article is great Let's say you're in
Starting point is 00:14:09 South Florida and you're You're traveling up I-95 and you're in a it's 4 a.m. And you're in a rented Black SUV with tinted windows and you have the spare tire in the backseat removed I'm sorry. It's removed from the trunk area. It's in the back seat. It's just sitting in the back seat might be Might be a drug trafficker, right and the the cop is basing this on something like a profile Yeah, but a profile based on previous experiences with other drug dealers in the same area Yeah, because that's a really big one right there like one of the things for using profiles successfully is
Starting point is 00:14:53 It has it's it has It has to be over a certain period of time and associated with a certain place. So you use Miami Yeah, and say Miami in 1985. Okay, right? If you saw that person and you would say well This is probably a cocaine trafficker based on all the other dealings with cocaine traffickers who who use the same Transportation MO yeah, and we should point out the tires removed because you can then hide the drugs where the spare tire went Right and then that's why the tires in the backseat. Yes. So these are red flags. Yeah, but if you're like in Wyoming in
Starting point is 00:15:32 2015 yeah, and you read an article about how that held true in Miami in 1985 That is not necessarily a justifiable transference of profiling because it exists in a different time in a different place That's right. So like you said this can be a This can be high-level policy It can be unofficial policy It can be just merely experience as a police officer that something you've encountered from time to time and basically to determine if this profile Justifies a search warrant less search that is in other words
Starting point is 00:16:09 You haven't gone to the judge and as applied for a warrant and had them review it and all that stuff or rubber stamp it Which we'll get to It's got to stand up in court In the end so you got to be careful as a cop you do you have to have what's called an articulable suspicion Yes, which was established by a 1968 case or Supreme Court ruling Terry versus Ohio and The Supreme Court said and this is actually from a Matty Abbey Article, it's really really worth reading. Yeah, it's called why Baltimore blew up
Starting point is 00:16:43 It was in Rolling Stone like a month or two ago. Oh, it's a very good article But he talks about this Terry case led to what are called Terry stops Whereas if a cop has a suspicion that they can put into words meaning it's not just a hunch, right? That somebody is is Either just committed a crime or going to commit a crime. Yeah that that is Probable cause and it's grounds for a search. Yeah, and here's a Ed had a great Example here like let's say the cop in court would say this The suspect appeared nervous made several contradictory statements and the backseat I saw a shoebox full of
Starting point is 00:17:23 Old film canisters which drug couriers commonly use The car smelled like air freshener spray which is used to cover up the smell of drugs And I spotted them driving slowly up and down a block that I know is frequented by drug dealers, right? That's called good police work in court, right? That's called like a prosecutor's dream cop. Yeah And if you if you go back and you notice all of that stuff All of these things are based on so a block that he knows to be frequented by drug dealers. Yeah, 35 millimeter canisters Maybe he read a police benevolent association newsletter article about that, right? All of this stuff together Becomes what's called cumulative similarities and supposedly a Florida highway patrolman named Bob Vogel is the first guy
Starting point is 00:18:10 To put this down on paper He was very controversial which is you take all of these different things and put them together And you can form a profile. Yeah, and you can use that to pull somebody over, right? And then you know eventually search their car if you're a Florida highway patrolman, right? Yes, so You've got you've got all of these you have the Terry stops Which are used for broken windows policing and just for pulling people over. Yeah But they require an articulable suspicion, right? But they can be based on what are called cumulative similarities, which is a profile either
Starting point is 00:18:47 Like that your police department is saying be on the lookout for right people driving with Their spare tire in the backseat, right? At this time of night. Yeah on I-95 right so far This has all been upheld by the Supreme Court. That's right, but there is a very very fine line That is frequently crossed and we will talk about how that runs afoul of the Constitution right after this Hey everybody when you're staying at an Airbnb You might be like me wondering could my place be an Airbnb and if it could what could it earn? So I was pretty surprised to hear about Lauren and Nova Scotia who realized she could Airbnb her cozy backyard
Starting point is 00:19:36 Treehouse and the extra income helps cover her bills and pays for her travel. So yeah You might not realize it, but you might have an Airbnb to find out what your place could be earning at air bnb.ca slash host I'm Mangeh Shatikular and to be honest, I don't believe in astrology, but from the moment I was born It's been a part of my life in India. It's like smoking you might not smoke But you're gonna get secondhand astrology and lately I've been wondering if the universe has been trying to tell me to stop running and pay attention Because maybe there is magic in the stars if you're willing to look for it
Starting point is 00:20:13 So I rounded up some friends and we dove in and let me tell you it got weird fast Tantric curses major league baseball teams canceled marriages K-pop But just when I thought I had a handle on this sweet and curious show about astrology My whole world can crashing down situation doesn't look good. There is a risk to father And my whole view on astrology It changed Whether you're a skeptic or a believer, I think your ideas are gonna change too Listen to skyline drive in the iHeart Radio app Apple podcast or wherever you get your podcasts
Starting point is 00:21:02 All right, Josh before we took a break you mentioned something called the Constitution Mm-hmm and there are a couple of amendments that come into play when you're talking about search and seizure Probable cause profiling sure and there are the fourth and 14th amendments The fourth reads in whole the right of the people to be secure in their persons Is that JFK? I went into him Winston Churchill. Sure. It's both houses papers and effects against unreasonable searches and seizures
Starting point is 00:21:33 Shall not be violated and no warrant shall issue but upon probable cause supported by oath or affirmation and particularly Describing the place to be searched and the persons of things to be seized, right? So there's some big words in there. That's right big big like money words like It's a protection against unreasonable searches and seizures. Yeah, which means as far as the Supreme Court's concerned Some cop just can't say I'm gonna push you up against the wall and pet you down for no reason whatsoever Yeah, or I'm gonna pull you over for no reason and I'm gonna search your car on On the side of the road exactly for no reason
Starting point is 00:22:13 Does not happen, right? Sure, so that's the fourth amendment, right? Yes, and there's another big term in there It's called probable cause like you have to have and if for a lot of people say that that 1968 Terry versus Ohio ruling is just too broad. Yeah an articulable suspicion like what is that? You know, yeah But even still there's there's there has to be some sort of probable cause and a lot of the times as We'll see it's just from Some something out in plain sight or something like that There's a big struggle over what constitutes probable cause
Starting point is 00:22:55 But the point is the fourth amendment says you have to have probable cause or else. It's an unreasonable search. That's right and The police officer in most cases has to go get a warrant for like the search of a home or something And there's a whole issue of rubber stamping warrants these days, of course that like the judge may not really review That is just a formality, right or for anybody who's watched enough law and order episodes All you have to do is go I smell pot Do you smell pot wink wink and then kick the door in yeah? Exactly because that's you can't prove that the cop didn't think he smelled pot exactly now There's the threat of perjury of perjuring himself on the stand
Starting point is 00:23:34 But I imagine at least as far as like briscoe and green are concerned They're hoping that they're gonna find such gangbusters overwhelming evidence Yeah, that everybody's gonna forget about the fake smell of pot, right? So there was actually a case which relates to probable cause called the US V Soculo that made it all the way to the SCOTUS and And did you read about that case? I did it's it was a 1989 well that was when the ruling was right Yeah, so what happened was the DEA arrested a guy at the Honolulu Airport Found over a thousand grams of cocaine in his carry-on. It was a key. He had a kilo and he paid
Starting point is 00:24:16 They the agents knew all this going into it. This is why they arrested him He paid twenty one hundred bucks for round trip tickets with a roll of twenty dollar bills He traveled under a name that did not match the name under which his telephone was listed. Okay He was originally going to Miami In and this is 1980. Yeah, there's a flag at the time He only stayed Miami for two days even though a round-trip flight from Honolulu takes 20 hours So very quick trip and in other words, he was almost flying as long as he was there right in Miami He met up with a man named Tony Montana
Starting point is 00:24:52 apparently he appeared nervous and he did not check his baggage and The district court denied Motion to suppress the evidence said it was justifiable The court of appeals disagreed and overturned that and then eventually it went to the Supreme Court and they said no It's okay because they had what was quote a totality of evidence So here's the thing though the thing that makes that so groundbreaking and nowadays I mean we were raised under so-called right. It seems like this is just the norm Yeah, but it was a groundbreaking case of the time because
Starting point is 00:25:27 Nothing none of that it's not against the law to pay your plane ticket with cash It's not against the law to not check your bags No at the time it wasn't against the law to travel under an assumed name Yeah, and I don't think at the time it was against a law to go to Miami just for two days, right exactly None of this is against the law. Yeah, and so if you if you just follow the strict interpretation of law up to that point Yeah, there was they couldn't bust this guy even though when they busted him They found a kilo of coke like they knew they would in his bag. Yeah There wasn't enough there and the Supreme Court said, you know what we we think that when you put all that stuff together
Starting point is 00:26:04 There is enough there. Yeah. Now what constitutes that totality? Is it two pieces of evidence is right one thing? Sure, you know, how much does it take to profile? but what they were saying in so-called was yes the the Stuff that you've seen from other proven criminals Applied to somebody else who you don't yet fully know as a criminal. Yeah is enough for you to bust them Right and see if you're right Yeah, again, it's not like kind of groundbreaking. He didn't go straight to jail They looked in his bag. Yes, but it's do you have the right to look in the bag is what it comes down?
Starting point is 00:26:41 Yeah, and they were saying that there the Supreme Court's interpretation is this stands up to the fourth amendment Yeah, and I imagine the guy went to Miami for two days, right? Kiss your civil rights. Goodbye So with the 14th amendment it states in part that no state shall make or enforce any law Which will abridge the privileges or immunities of citizens of the US. Oh, I think everybody wants the Kennedy voice again, Chuck Oh, okay. I think anytime you read amendments from the Bill of Rights You have to do it like that nor shall any state deprive any person of life liberty or property Without due process of law nor denied any person within its jurisdiction equal protection of the laws. Yeah
Starting point is 00:27:21 So this one implies you might say well, we've got the fourth. We don't need the 14th 14th says Look, man, you can't just bust somebody Without this again due process of law and we have a due process of law and what the Supreme Court did with Cases like Sokolow and with cases like Terry versus Ohio is they said Profiling is part of the due process of law. That's right. So One thing that had they have gone back to again and again and again and again is that if If race is factored in an almost any circumstances
Starting point is 00:27:59 There are circumstances that is where racial profiling is allowed in police work But for the most part if you're basing your suspicions of criminal wrongdoing on race Largely or in part. Yeah, then That is not that runs afoul of the fourth and the 14th amendments and you're not allowed to do that Yeah, the Gravster points out that cops unless you are have an APB out on a Hispanic male or a black male Right, then you're supposed to be colorblind as a cop Exactly All right, you're supposed to be supposed to be so, you know
Starting point is 00:28:37 The Eric Garner case the Michael Brown case All of these cases where you know black males were basically stopped from either doing a petty offense or Or just stopped based on suspicion because they were black in their neighborhood. Yeah It prompted the executive branch to release a new set of guidance like an updated set of guidelines. Yeah for Racial profiling and they were they basically spelled out examples I posted to it on the podcast page for this episode, but they spelled out examples for when that When it's appropriate and they said if it's an all-points bulletin for any police. Yeah, yes If you're
Starting point is 00:29:22 Traffic area if you're patrolling and looking for Criminals and you're basing it on race. Absolutely not allowed, but they said they gave an example where like If for example, you are looking for somebody who carried out a hit on a gang leader Yeah, and you know, there's this rival gang and this rival gang is probably the ones who carried out this hit Mm-hmm, and every member of this rival gang is Hispanic yeah that you could use that as part of the profile and searching for your suspect It just makes sense in that case right now You're not because don't look for the little white lady, right exactly. Yeah, because it's that specific, right?
Starting point is 00:30:02 But you wouldn't cast a dragnet over all Hispanics. It would be Hispanic men related to this gang You see what I'm saying? I think the lesson here is get the little all-white lady to do the hit It's been done before and you're golden it has been done before Which is one of it one of the problems with racial profiling is it's distracting? Yeah, yeah, we'll get to that But that's definitely true And you know when you watch cops, it's not always like Sometimes that I will see on the TV show they will pull over. They'll stop a white kid Like suburban white kid that's in a bad neighborhood because they'll be like well, he's he doesn't belong here
Starting point is 00:30:40 Yeah, he's probably buying drugs right because this is a street where people buy drugs There's a crack house down there and this guy is from the county You know the the white suburban county out in suburbs. Yeah, that's pull him over. It's racial profile That's the same same thing but different right well, it's the same thing Well, it's the same thing. Yeah, but you know what I mean. Yeah Um, all right, so let's talk about probable cause analysis. This is good. There's um During a traffic stop. There's there's several things a cop can do and each one requires Different kinds of cause in order for it to be legal
Starting point is 00:31:15 Yeah, again They aren't supposed to just pull you over for no reason They're not supposed to you're supposed to fit some sort of you're either you broke a chain You're either you broke a traffic law or you fit a profile that that has been agreed upon is okay Yeah, but a cop to pull over for and again, we're not knocking police officers hard work and mostly they do great work But a cop can pull someone over for anything and say like when you made that turn You swung a little too wide or you hit that yellow line and so I'm suspicious that you're drunk Like, you know, right like that you can almost invent a reason to pull someone over in under any circumstances
Starting point is 00:32:01 Right So let's just start with that when you pull over a car Supposedly to pull someone over legally you need to have witnessed a violation Or you can run the plates and see if their car stolen or if there's a warrant out for the owner That's a big thing you see on cops all the time Yeah and the cop can make a stop as long as they can describe specific factors that fit the profile Right car car full of black kids not okay to just pull that car over Not for that reason
Starting point is 00:32:33 Right But if they say like I saw smoke coming out the windows they were driving erratically and it smelled like pot smoke from the road Then that is a reason Right Number two when you go to question the suspect that's moving things up a notch You don't have to get a ticket when you get pulled over you might just get questioned if you seem suspicious And they can you know they'll shine that light in the car and they'll look at everything that they can see without actually searching the car Yeah
Starting point is 00:33:06 And that's well within their right What's called plain view Exactly So if you have like a bag of pot sitting out on the front seat with you and the cop sees it That just opened your entire car and your person up to a search Yes and you that means you are super high Because now there's probable cause But if you have long hair and you have an open half gallon of ice cream next to you
Starting point is 00:33:28 Still not enough might raise suspicions but that still should not be enough to give them probable cause to search your car Well I got profiled in Texas Me and my best friend Brett many years ago after college did a big out west trip for two months And the cop said he didn't he said he pulled us over because I didn't have my seat belt on Why he really pulled us over is cause we were two scruffy looking guys with tattoos and beards in a Volkswagen van And he searched the van He asked if he could and we said he could And he searched the van for like an hour on the side of the road
Starting point is 00:34:05 Long story short Chuck did five years Five hard ones No we didn't get caught with anything and we got away and he basically was mad at us that he wasted his time And the last thing he said was get out of Texas So And I said I'm trying to sir But the point is that that cop asked you if he could search your car right He did and that if you give consent then you are waiving your fourth amendment rights
Starting point is 00:34:31 But you don't have to give consent No Not many people know this And there's some states that make the cop tell you you are allowed to refuse a search of your car But not all states do I've never heard it either Instead the cop just says can I search your car in the most intimidating voice possible And most people will just fold like a house of cards Because they're scared of the cop or whatever even if they do have something in there
Starting point is 00:34:58 They're not going to be like nope you're not allowed to search the car So the point where the cop asks if he can search the car is usually in the absence of something that nothing in plain sight But also that cop suspicious, suspicions are raised He just can't quite prove it so he'll ask you if he can search your car If you say no the cop can say well I'm going to detain you temporarily Basically I can go, I will wait it out, I can get a warrant, I'm going to search that car Right okay if he wants to get a warrant that's different Like what he's doing now is trying to do everything he can to search your car without having to go to the trouble of getting a warrant
Starting point is 00:35:41 Without probable cause like seeing a bag of pot in the front seat Right Time was that they could detain you for up to like 90 minutes while they called the canine unit out And the canine unit has been shown to if the canine unit sniffs around your car That's not an unreasonable search and if the canine smells something or indicates that there are drugs present Then that does provide probable cause for a full search under the fourth amendment right? Yeah They changed that
Starting point is 00:36:09 Oh really? Yeah in April this past April the Supreme Court had a decision that said No you really can't make people wait around while the drug dog comes out They're like we're not opposed to that but the point of a traffic stop is to promote and encourage traffic safety Right Not to cast a drug, a drag net for drug couriers Yeah And you cannot detain people without a reasonable suspicion to wait for the drug dog to come out
Starting point is 00:36:40 If they tell you you can't, you're not allowed to search their car That's good I wonder if it had anything to do with If you look up online there are ways that cops can make a drug dog signal basically by how they're handling the dog Oh I would guess so And there's a lot of suspicion and they'll play them side by side like you see this cop's doing it right And if you see this cop watch this little thing he does then the dog barks And basically there was a lot of speculation that bad cops would use that Excuse the dog's tail
Starting point is 00:37:10 Well not that but yeah essentially making the dog signal a false alert just to give them reason Well the dog barked so now I can search your car Yeah Or and maybe it all started because I meant to bring this up a second ago Suspicion can be they seem nervous Right Like everyone's nervous when a cop pulls them over Sure
Starting point is 00:37:30 Even if you haven't done anything it's just nerve wracking It's like white coat blood pressure Like a lot of people's blood pressure is high at the doctor because they're nervous about being at the doctor There's someone standing at my window with a gun Right It's nerve wracking Yeah So the Supreme Court said no you guys you have to have a reasonable suspicion to detain somebody on the side of the road
Starting point is 00:37:51 That they've committed another crime It can't just be I'm pulling you over you have to wait for 90 minutes while the drug dog comes out so I can bust you or try to bust you or whatever That was a big deal that they came up with that Yeah we didn't in Texas we didn't have the drug dog come out but we were I felt like we were on the side of the road for an hour while he dug through that entire van Just you could tell he was he really wanted to find something Yeah Hey friends when you're staying at an Airbnb you might be like me wondering could my place be an Airbnb?
Starting point is 00:38:24 And if it could what could it earn? So I was pretty surprised to hear about Lisa in Manitoba who got the idea to Airbnb the backyard guest house over childhood home Now the extra income helps pay her mortgage So yeah you might not realize it but you might have an Airbnb too Find out what your place could be earning at airbnb.ca I'm Mangesh Atikular and to be honest I don't believe in astrology But from the moment I was born it's been a part of my life In India it's like smoking you might not smoke but you're gonna get secondhand astrology
Starting point is 00:38:58 And lately I've been wondering if the universe has been trying to tell me to stop running and pay attention Because maybe there is magic in the stars if you're willing to look for it So I rounded up some friends and we dove in and let me tell you it got weird fast Tantric curses, major league baseball teams, canceled marriages, K-pop But just when I thought I had a handle on this sweet and curious show about astrology My whole world came crashing down Situation doesn't look good there is risk to father And my whole view on astrology?
Starting point is 00:39:36 It changed Whether you're a skeptic or a believer I think your ideas are gonna change too Listen to Skyline Drive and the iHeart Radio app, Apple Podcast, or wherever you get your podcasts Alright let's open the can of worms my friend Racial profiling, it's a big deal in this country It's a problem and let's talk about it So that is basically a form of predictive profiling where one of if not the only factor is skin color Right, let's say that Mexican people are way more prone to sell meth
Starting point is 00:40:24 So let's go hang out at that Hispanic neighborhood There's a couple of things wrong with that Right And that is racial profiling Some people actually defend it saying well if you look at prison statistics Hispanics are far more likely to be imprisoned for drug crimes than say white people So that makes sense right? Right
Starting point is 00:40:50 Okay the other side I'm not saying right I'm playing along here The other side of the coin is that you can use those same statistics to point to the idea that Hispanics and blacks Are disproportionately targeted for drug busts than other people Right And so these same this is an ed points out this is one of the problems with this debate Is both sides use the same statistics differently to prove their point Yeah another thing he points out is that people that say some people say that it is institutionalized racism in its harassment
Starting point is 00:41:29 Of a minority Yeah Straight up people who defend against it say cops harass criminals and if those criminals happen to be minorities TS that's not our fault And I think That's just the reality of the world we live in Even further there's people who say yes racial profiling is a thing and it's an effective tool of law enforcement Sorry welcome to reality
Starting point is 00:41:51 Exactly Those people usually have their arguments demolished pretty quickly including by professionals I read this interview or well an article about the former chief of police of Palo Alto around San Francisco area Yeah And he also grew up as an Oakland cop and he was talking about that kind of racial profiling that you were They would just sit out in like high crime neighborhoods and pull over anybody white Right They were doing like that for the same reasons and he was saying it almost never worked
Starting point is 00:42:25 He said that they also would have like long drag nets on stretches of highway And they would target Hispanic people and like low riders and he said almost never worked And he said that it's ineffective right It's also lazy policing because he said the better alternative is to forget who was what color But just watch for somebody leaning in a car that's just pulled over under the curb Yeah Or somebody making furtive movement Look for actual crime
Starting point is 00:42:54 Right look for behavior that is actually linked to crime not there's a white person in a black high crime neighborhood So therefore they're buying drugs or even worse than that there's a black person who lives in a high crime neighborhood Yeah They must be a drug dealer Right Let me go stop and frisk them Yeah That is just lazy policing it's shorthand policing whereas if you look for actual criminal behaviors
Starting point is 00:43:22 You're going to be far more successful in busting the bad guys But even worse than it being like lazy policing and ineffective in a lot of ways This guy pointed out like I've seen this in many different places If you want to encourage mistrust and animosity toward the police Yeah Scoop up every member in the community and take them to jail just on the off chance that you might find something that sticks Yeah If you want to set a town off or any population off do that for a few years and see what happens
Starting point is 00:43:54 Yeah That's what we've been seeing time and time again Systematic Yeah Systematic targeting and then a systematic reaction to it Absolutely And I've mentioned cops a lot if you're out there saying well yeah but on cops every time they pull over that shady black guy in the neighborhood He has something on him gets arrested or that white kid in the bad neighborhood
Starting point is 00:44:15 He's there to buy drugs It's a TV show that's edited Right They don't show you the 25 stops where there is no crime because it would not be a fun TV show Exactly Alright so I think people use that as like dummies use that as proof sometimes Like watch cops man Every single time
Starting point is 00:44:32 Right Like yeah exactly Alright like all all meth users are scrawny and white So if you see a scrawny white guy Meth user That's right or marathon runner Right You know
Starting point is 00:44:45 So obviously there can be rogue cops racist cops that are doing their thing on a singular level or with their partner But it becomes a real real problem That's a problem It becomes a super real problem when it is part of the system In which was the case with the New Jersey state troopers in the late 90s They did a 10 year study and found out that 80% of all traffic stops were minorities over a 10 year period 80% and they found that there was a quote macho elitist culture within the state trooper ranks In quote
Starting point is 00:45:23 And basically even though they officially said racial profiling isn't right There was a system in place where veterans would really coach and teach the younger cops like this is how we're doing it Yeah And they were basically outed the authorities assigned federal monitors to those troopers And evidently by 2006 they had a report suggested they had eliminated that profiling completely Yeah Which is good if that's the case Yeah
Starting point is 00:45:55 You know And I'm sure it is New Jersey state troopers are intimidating you ever seen those guys? No They're the ones that look like the military uniforms Which is a whole other issue all together Well I mean not like M16s but they just had on I know what you're talking about
Starting point is 00:46:09 Sure Like the dress blues and the boots and all that Yep It turns out Chuck 22 states have launched that ban racial profiling of motorists Which is great until you think that that also means that 28 states don't Yeah It's kind of weird if you ask me Um and I found a study also from Illinois
Starting point is 00:46:31 That found that in Illinois black and Hispanic drivers were two times likelier to be stopped and searched Yeah But white drivers were two times likelier to have contraband on them That weird Not only weird it's startling how like it's not effective Like it's not leading to stopping crime Yeah For the point
Starting point is 00:46:56 Well and then another very controversial bout of racial profiling that this country went through Came after September 11th Of course And in the aftermath of that you would remember every month or two You'd hear about someone who sometimes seeks who aren't even Arab Yeah Would get kicked off of like a plane or something like that Because they made the pilot nervous just being there
Starting point is 00:47:21 By being crown And the USA would like pat down disproportionately more Arab people Yeah Than white people And now supposedly they base it on your behavior rather than your race So they're not racial profiling any longer Right Supposedly
Starting point is 00:47:38 I have to say I haven't heard of one of those cases in a while but it seemed like for a while We were hearing about it all the time Yeah I think there was a heightened sense of everything back then of course right after 9-11 But so this guy who used to manage the Bangurian airport in Israel Rafael Ron He pointed out that that was the exact opposite of what you want to do Yeah he said the worst attack in the history of this airport was carried out by Japanese Yeah
Starting point is 00:48:03 In the early 70s And he said if we're focusing on an ethnic group then we're potentially missing someone that's about to do something bad Right which is exactly what happened in 1972 at that airport Three members of the Japanese Red Army walked in with machine guns and vialing cases And just opened them up and started opening fire on the crowd and killed I think 26 people And they were hired by the PLO PLO knew that they could never walk into the Israeli airport But Japanese people would unnoticed
Starting point is 00:48:36 And so this guy is saying the same thing like if you're really on the lookout for your enemy Like again watch for behavior Like do actual police work Don't just use this lazy shorthand stuff because it's going to tick off this entire population And it's going to cause in you to miss the real crime Well yeah you've got like it sounds like a movie The cops are at the airport and they detain this Arab guy who's late for a business meeting And then in the same shot the white dude who was a Timothy McVeigh just walks right behind him with the bomb on his body
Starting point is 00:49:12 You realize you just described the subplot to airplane too Did I? Yeah Remember Sunny Bono had the bomb? He's a little mild mannered weasley dude Yeah that's right And I think he walks through while they're jacking up some like I think PLO dudes Maybe that was subconscious
Starting point is 00:49:32 Wow So that's a profiling Tip of the iceberg I would call that Oh sure there's we could do a series of shows on this I'm sure And if you want to know more about profiling in the meantime Type that word into the search bar of your favorite search engine And I'm sure it will bring up all manner of terrible stuff You can also type it in the search bar at howstuffworks.com and it will bring up this article by the Grabster
Starting point is 00:49:59 And since I said Grabster it's time for a listener mail I'm going to call this Weefus which is short for water enema from a water slide Or from a slide And this is from Tiffany last name withheld She says as a kid I remember being a chubby 11 year old girl excited for her first trip to Disney World in the water park Then known as Typhoon Lagoon had a brand new neon green with black polka dot bathing suit Was all excited to go down the Kawabanga a 214 foot tall water slide on a steep 60 degree angle They tell you to keep your ankles crossed but as a little chubby 11 year old girl
Starting point is 00:50:39 My brain comprehended but my little legs did not have the strength for all 214 feet I think you see where this is headed After plummeting the bottom I immediately knew something was not right I clenched my thighs as tightly as I could Pulling out the massive water slide wedgie not two steps from exiting the slide though A different type of waterfall began to trickle down my legs No matter how tightly I clenched I couldn't stop it I waddled up to a gorgeous Australian teenager employee and explained I need a restroom right away
Starting point is 00:51:10 With a smug smile he pointed all the way to the other side of the lagoon which was a long walk Just as I entered the bathroom with all the force of the water that had entered my body it exited And I single-handedly shut down a small portion of Disney that day As embarrassing as this was I was more upset that my new bathing suit was ruined My parents were furious because they had to sell out $50 for a new one pronto I hope I didn't gross you out too bad Oh you did I think of it as a cautionary lesson for your listeners
Starting point is 00:51:42 Thanks for all your hard work I hope to see you guys sometime in Detroit And hey, October, Tiffany, last name with Eld We're just going to call you Tiffany poopy pants We're coming to Detroit in October Uh, yes, ostensibly Ostensibly And also we want to say Detroit in advance of us coming
Starting point is 00:52:02 We're sorry for all the jokes we made about you Oh it'll all come home to roost See you in October If you want to tell us a gross story that happened when you were a kid Don't Yeah, just tell us something else And tweet to us at SYSKpodcast Join us on Facebook.com
Starting point is 00:52:18 Send us an email to stuffpodcastathowstuffworks.com And join us at our home on the web For more on this and thousands of other topics, visit HowStuffWorks.com I'm Munga Chauticular and it turns out astrology is way more widespread than any of us want to believe You can find in major league baseball, international banks, K-pop groups, even the White House But just when I thought I had a handle on this subject Something completely unbelievable happened to me And my whole view on astrology changed
Starting point is 00:53:02 Whether you're a skeptic or a believer, give me a few minutes Because I think your ideas are about to change too Listen to Skyline Drive on the iHeart Radio app, Apple Podcast, or wherever you get your podcasts Hey guys, it's Cheekies from Cheekies and Chill Podcast And I want to tell you about a really exciting episode We're going to be talking to Nancy Rodriguez from Netflix's Love is Blind Season 3 Looking back at your experience, were there any red flags that you think you missed? What I saw as a weakness of his, I wanted to embrace
Starting point is 00:53:34 The way I thought of it was whatever love I have from you is extra for me Like, I already love myself enough. Do I need you to validate me as a partner? Yes, is it required for me to feel good about myself? No Listen to Cheekies and Chill on the iHeart Radio app, Apple Podcast, or wherever you get your podcasts

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