Racial profiling is the practice of stopping, searching or targeting for investigation an individual on the basis of race, national origin or ethnicity. Rates of drug use or drug selling are no greater for communities of color than for whites, yet people of color are stopped, searched, arrested, prosecuted and incarcerated at far greater rates than whites. In addition, persons of color are typically sentenced to longer jail and prison terms than white counterparts convicted of identical offenses.

Recognizing the inherent injustice of the practice of racial profiling, several groups have initiated litigation to combat it. The Defenders Association in Washington state is litigating the issue in the case Washington v. Varner, while the ACLU Drug Policy Litigation Project has addressed the problem in New Jersey.

State of Washington v. Alfred Keith Johnson, et al

The prosecution is presently seeking interlocutory review of the trial courts decision to grant depositions of Seattle Police commanders who would testify about Seattle Police Departments' narcotics enforcement priorities.  An evidentiary hearing in the merits of the defense selective enforcement motion may take place in the Fall of 2003.

This case was formerly known as Washington v. Varner until Plaintiff Varner ended up pleading on one charge for dismissal of another. 

Documents in the case:

Washington v. Varner, Defense Memorandum in support of request for Discovery, in the Superior Court for the State of Washington, King County.
State of Washington v. Johnny Varner, et al, in the Superior Court for the State of Washington, King County, Defense Memo in Support of Request for Discovery (2001)
This is a brief overview of the defense belief that the Seattle Police Department narcotics arrests are racially disproportionate.

Washington v. Varner, Defendant's Reply to State's Response on Discovery Request, in the Superior Court for the State of Washington, King County.
State of Washington v. Johnny Varner, et al, in the Superior Court for the State of Washington, King County, Defendant's Reply to State's Response on Discovery Request (2001)
This brief lays out the arguments for why the defense should be entitled to discovery regarding its selective enforcement and disparate treatment claims against the Seattle Police Department.

A Window of Opportunity: Racial Disparity and Drug Enforcement

For further information on the case, contact:
www.defender.org
Lisa Daugaard
Seattle/King County Public Defenders Association
(206) 447-3900 ext. 729

For information on the ACLU's efforts to enforce New Jersey's ban on profiling, see their press release, "New Jersey's Victims of Racial Profiling Call for Justice and Closure."