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
