Stuff You Should Know - How Profiling Works
Episode Date: July 28, 2015At 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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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?
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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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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
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
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
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
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
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
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
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
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?
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
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
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
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
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?
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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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
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?
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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