Legal Definitions - driving while black

Driving While Black (DWB) is a term used to describe the practice of racial profiling by law enforcement, specifically targeting African-American motorists. It refers to situations where Black drivers are disproportionately stopped, questioned, or subjected to scrutiny by police officers, often based on their race rather than a genuine traffic violation or reasonable suspicion of criminal activity. The term highlights a pattern where minor or even non-existent infractions are used as a pretext for stops that are, in essence, motivated by racial bias.

• Example 1: Ms. Chen, an African-American professional, is driving home from work in a well-maintained car. She is pulled over by an officer who states her license plate light is "dim." Despite the light appearing functional, the officer proceeds to ask her extensive questions about her destination, where she works, and if she has anything illegal in her car, without any further observed violation. Meanwhile, several other vehicles with similarly aged license plate lights pass by without incident.

  How this illustrates DWB: This scenario exemplifies DWB because a minor, potentially subjective, or even non-existent infraction (a "dim" license plate light) is used as a justification for a stop that quickly escalates into a more intrusive investigation, suggesting the initial motivation for the stop was not solely about traffic safety but rather Ms. Chen's race.

• Example 2: Mr. Davis, a college student, is driving through a predominantly affluent neighborhood to visit a friend. He is followed by a police cruiser for several blocks before being pulled over. The officer approaches his window and asks for his license and registration, stating, "You don't look like you belong in this area." No traffic violation was observed or cited as the reason for the stop.

  How this illustrates DWB: This situation clearly demonstrates DWB as Mr. Davis was stopped without any observed traffic infraction or reasonable suspicion of criminal activity. The officer's explicit comment about him "not looking like he belongs" directly points to racial bias as the underlying reason for the stop, rather than any legitimate law enforcement purpose.

• Example 3: A group of friends, all African-American, are driving on a highway, adhering to the speed limit. They are pulled over by a state trooper who claims they were "weaving slightly" within their lane, a common occurrence for many drivers that rarely results in a stop. The trooper then requests to search their vehicle, citing a "hunch" that they might be transporting contraband, despite no visible evidence or suspicious behavior beyond the alleged weaving.

  How this illustrates DWB: This example illustrates DWB because a minor, often overlooked driving behavior is used as a pretext for a stop. The immediate escalation to a request for a vehicle search based on a "hunch," without any further probable cause, suggests that the occupants' race played a significant role in the trooper's decision to stop them and pursue a more intrusive investigation, which might not occur if the vehicle occupants were of a different racial background.