Daily Herald opinion: Law against hanging things from rearview mirror needs to end

This editorial is a consensus opinion of the Daily Herald Editorial Board.

"Your taillight is out."

This is not the sort of thing you want to hear when you're pulled over on the shoulder, the blue lights of a squad car flashing behind you.

But being stopped for something like that is understandable. It's not something you're likely to notice. Without functioning taillights, you are a danger on the road.

But being stopped because you have something hanging from your rearview mirror?

In Illinois and just a few other states, it's illegal to have your graduation tassel, a rosary, a COVID mask, a pair of fuzzy dice or something as benign as a pine-scented air freshener hanging from your rearview mirror. And police can stop you and write you a ticket.

There is a movement afoot to reverse that.

Why the big deal over this? Because when you are pulled over for having something hanging from your mirror, it can lead to something else entirely. Especially if you're Black or Latino.

Being pulled over for something like this is referred to as a "pretextual stop."

While a police officer has you pulled over, he or she can scan your car, check to see whether you have drugs or alcohol in the open, run your plates, examine your license and more. The officer also can ask your permission to search your car.

And in a situation where you're along the side of the road with an armed police officer asking questions, how many of us would say no?

An American Civil Liberties Union study of traffic stops throughout Illinois showed that during 2015, 2016 and 2017, Black and Latino drivers were more likely to be asked to consent to a search while white drivers were more likely to be found with contraband during a search.

Statistics on traffic stops show Latino drivers were asked their consent for a vehicle search 33% more often than white drivers. Black drivers were asked to consent to a search 75% more often than white drivers.

That's an astounding disparity. And the results of those searches suggest the concentration of minorities searched was wholly unwarranted.

You'll remember Sandra Bland, the Naperville woman who in 2015 hanged herself in a Texas jail cell after a pretextual traffic stop ended in violence.

"Pulling someone over for merely having an air freshener attached to the rearview mirror is not only archaic, it's ridiculous," said Secretary of State Alexi Giannoulias, who has been supporting legislation that already has passed the House. "Amending the law by prohibiting traffic stops that encourage discriminatory practices will ultimately make our streets safer for both motorists and police officers."

It's not only an issue of safety but one of fairness. Having your car searched is a humiliating experience.

Does it make sense to drape all sorts of stuff from your mirror? Of course not. But making it illegal - especially when it leads to unrelated charges and potentially violence - is overreach and should end.