attention to his or her driving and followed the vehicle to investigate. When the
officers pulled alongside the Pathfinder, they saw plastic bags that appeared to be
drugs. The police then arrested the driver and passenger, searched the vehicle, and
found more drugs. Michael Whren was convicted on four counts, all of which
were possession of or intent to distribute drugs. However, Whren took his case
to the U.S. Supreme court, claiming the stop was unreasonable under the Fourth
Amendment and, as a result, the evidence was not obtained legally. However, the
court ruled that, although the Constitution does not allow selective enforcement of
the law, "the constitutional basis for objecting to intentionally discriminatory ap-
plication of the laws is the Equal Protection Clause, not the Fourth Amendment"
(Whren, as cited in Schifferle, 1997, p. 8). The ruling on Whren only provides
that discretion not be based on race. Clearly, it would be difficult to prove whether
a stop were based solely on race. In Ben's case, the officer could have claimed
that Ben met the description of a drug trafficker, thus warranting a stop. Despite
Constitutional protection against discrimination, it appears as though vague laws
and stereotypical police profiles prevent true protection for minorities when selec-
tive enforcement of the law is considered. Minorities continuously report taking
precautions such as wearing conservative clothing, driving conservative cars, and
carefully obeying traffic laws to prevent being harassed by police officers (Hecker,
1997).How Discretion Affects Minorities
Based on research that suggests police tend to target minority groups for traffic
stops and drug investigations, it is not surprising that African Americans are dispro-
portionately arrested in relation to their representation in the general population
(Schifferle, 1997). In addition, although research does not specifically indicate the
impact the high arrest rate has on the African-American population, one could spec-
ulate that the arrest rate perpetuates further stereotyping toward this population.
Police discretion effects minorities many ways, both socially and psychologically.
Because police tend to single-out minorities for traffic stops, minorities, especially
American Americans, tend to fear police harassment (Hecker, 1997). One might
question how minorities could be able to perceive police as protectors and helpers
in their communities when they are harassed by police officers. In a British study
in which 641 Black, White, and Asian men were polled, researchers found that
Blacks had worse perceptions of law enforcement officers than Whites and Asians.
Although it is difficult to determine why Blacks had worse perceptions, the re-
searchers indicate that Blacks perceived police discrimination. The case of Ben is
an excellent example of how a successful, upstanding citizen who values the laws
America is based on (he was an attorney) can develop a negative perception of
police similar to the perceptions of Blacks in the British study. When Ben was
stopped by the officer and forced to allow the canine to search his vehicle, most
likely his respect for law enforcement officers deteriorated. As one author stated.