RPD Response to Federal Appeals
Court Reversal of Ruling
Last
week, a ruling by the United States Court of Appeals for the Fourth Circuit
reversed a controversial ruling by a U.S. District Court judge that had accused
the Richmond Police Department of discriminatory traffic stop practices.
In
the order last week, the three-judge panel stated, “We reverse the order of the
district judge and remand with instructions to reinstate the indictment.”
Further
the order states, “…there is complete absence of evidence that the officers
acted with discriminatory purpose.”
The
order added that the panel found, “…no evidence of racial animus on the part of
police officers.”
And,
“…the police essentially treated him with great respect.”
This
case began with a traffic stop in 2020, when officers observed a vehicle
operating with a known fraudulent temporary tag. Officers concluded it was a
fake tag because in the preceding hours, officers had stopped two other
vehicles with the identical temporary tag number. Following a traffic stop
where the driver fled on foot and officers caught and detained him, a firearm
was recovered from his vehicle. He was charged with possession of a firearm by
a convicted felon. A federal grand jury subsequently indicted the individual
for that violation.
During
hearings to suppress the evidence recovered due to alleged discriminatory
practices and the claim of the violation of the defendant’s rights, the court
authorized further investigation and briefing. The court, following the
conclusion of hearings and testimony, dismissed the defendant’s indictment on
the ground that it was a product of selective law enforcement against Black
drivers.
In
the Court of Appeals reversal, the panel wrote, “No aspect of this sequence
suggests that race played a role in the decision to initiate the traffic stop.”
The
panel observed portions of testimony from a defense expert witness were,
“virtually irrelevant.”
As
for the obvious probable cause to stop the driver with a fraudulent tag, “…we
expect that the public would be surprised had the officers not stopped
[the defendant] in the circumstances provided.”
“While
we are gratified by the ruling by the U.S. Court of Appeals for the Fourth
Circuit, our deep appreciation is first directed to the courageous and
determined work by former U.S. Attorney Jessica Aber and her team, whose
spirited decision to move forward with this appeal produced these just
results,” said RPD Chief Rick Edwards. “Former U.S. Attorney Aber sadly
passed away earlier this year, but she has left a legacy of justice and
fairness. This case and the confounding first ruling delivered a significant
blow to the morale of our department and to the noble profession of policing in
general. As we move forward with our overarching goal of a safer Richmond for all,
we restate our solemn vow of policing always in good faith. We applaud the
order of the Court of Appeals and encourage any interested person to read the
order in full."
U.S. Court of Appeals for the Fourth Circuit opinion: https://www.ca4.uscourts.gov/opinions/244201.P.pdf
