Free CLE on Race and Policing September 1, via Zoom
Race and the Search and Seizure Law in NH: How Research on Pre-textual Stops, Proactive Policing, Implicit Bias and Marijuana Laws are Critical to Litigating the Legality of Police Encounters with Persons of Color
Historically, federal and state caselaw has made it difficult to litigate racial and ethnic bias in policing due to the apparent legitimacy of pre-textual motor vehicle stops as well as the objective “free to leave” analysis employed by the prosecution to legitimize police encounters with persons of color. This difficulty has been compounded by the failure of many courts to properly consider research on disparate and “proactive” policing as well as research on implicit bias.
On January 20, 2020, in a decision the ACLU described as historic, the New Hampshire Supreme Court held in State v. Ernest Jones that “race is an appropriate circumstance to consider in conducting the totality of the circumstances seizure analysis” regarding police encounters. Despite this holding, data shows that the New Hampshire police continue to engage in disparate policing of persons of color. This CLE will not only review recent favorable holdings from New Hampshire state and federal judges and other jurisdictions, but it will also review national and local research that can be used to litigate issues related to race and police encounters. This CLE will be presented by Donna Brown, who litigated the State v. Jones case, and she will discuss ideas for future litigation based on the Jones decision.
This CLE is free to members. To register, simply send an email to This email address is being protected from spambots. You need JavaScript enabled to view it. to request an invitation. Non-members are invited to join the association! For a reduced rate for the remainder of 2020, please email This email address is being protected from spambots. You need JavaScript enabled to view it..