ACLU seeks probe of state police searches

SPRINGFIELD — The American Civil Liberties Union filed a federal complaint against the Illinois State Police on Tuesday over a pattern of handling searches differently during traffic stops depending on whether the driver was white, black or Hispanic.

Year after year, Illinois State Police are more likely to ask minority drivers to allow a search of their vehicle than white drivers, according to statistics compiled annually by the state. The ACLU says that raises “serious civil rights and civil liberties concerns.”

The organization argues that the police and Gov. Pat Quinn have refused to take any action, so the U.S. Department of Justice should step in.

“Because of the inaction of state officials we are compelled to ask the federal government to protect motorists of color in Illinois from being subjected to unnecessary, invasive and racially discriminatory searches,” Harvey Grossman, legal director for the ACLU of Illinois, said in a statement.

Quinn's office would only say it is reviewing the issue and takes it “very seriously.” State police spokesman Scott Compton would not answer questions about the agency's handling of search requests, saying it would have a full response later.

Police, even if they have no evidence of wrongdoing, can ask drivers to give permission for a search of their vehicle. Drivers grant permission about 90 percent of the time.

The state began compiling annual statistics on traffic stops to search for evidence of racial profiling. The numbers show that police are far more likely to ask minorities to allow a search than to ask white drivers and police are actually more likely to find illegal contraband among white drivers.

In some years, state police were nearly four times more likely to ask Hispanic drivers to allow a search and three times more likely to ask black drivers, according to the ACLU.

The organization said allowing troopers to ask permission for a search based simply on a hunch opens the door to unequal treatment. The group also argues that drivers aren't really given a choice.

“Consent is often granted on an isolated roadside in a one-on-one encounter with an armed law enforcement official. This setting is inherently coercive,” the ACLU said in its complaint to the Justice Department.

The racial differences in vehicle search requests were revealed in statistics released in 2005 and confirmed in multiple reports since then. The ACLU said the state has failed to take any action, noting that a panel created in 2006 to study racial profiling has never even met.

Sen. Kwame Raoul, who has worked on issues of race and law enforcement, said the disparity in searches should be reviewed by the Justice Department. He also said it may be time to bar police from asking for permission to search a vehicle without a clear reason.

“Is there really need for consent searches?” said Raoul, a Chicago Democrat. “You either have reason to believe someone has committed a crime or you don't.”