Photo: vabellon
Wearing certain clothing, being in a certain place, or being of a certain racial minority could possibly identify you as a gang member to police. Seems unfair? It is. And during the 2009 Utah Legislative session, lawmakers made it easier for police to arrest innocent racial minorities for standing in the wrong place for too long and accuse them of being a member of a gang.
Senate Bill 16 (which was passed and is now law), sponsored by Senator Jon Griener (who is the Odgen City Police Chief), allows police officers to confront a group of people and tell them to disperse. The only requirements are that the police officer must “reasonably believe” that the group includes at least one gang member and the area where people are in is a “gang area.” There is no limitation on how big the “area” can be, so a “gang area” could be the entire city of West Valley.
If you don’t disperse, the police officer can arrest you and will be charged with a class B misdemeanor and a $100 fine.
So imagine that you are standing in front of your house on the sidewalk with your friends, two who are a racial minority. You live in a safe place in West Valley, but the entire city has been designated a “gang area” because the mayor is “tough on crime.” A West Valley police officer comes up to you and your friends and tells you that you can’t stand on the sidewalk. When you point to your house, he accuses you of refusing to leave and arrests all of you. Even though your friends aren’t gang members, the police only has to “reasonably believe” that someone is a gang member. Because most gang members are racial minorities, the police can target anyone who looks a certain way or has a darker skin color.
Although the First Amendment of the United States Constitution guarantees citizens a right to assemble (meaning that they can gather in public without fear of arrest), Utah’s new law goes against that right. If police make a group of people with no gang affiliation disperse, they have violated that group’s constitutional rights.
If you were arrested and accused of being a gang member, you should contact a skilled Utah criminal defense lawyer who can help you claim your innocence.
Related posts:
- U.S. Supreme Court: Arizona v. Gant
- Question: I only had one beer, so how can I be arrested in Utah for a DUI?
- Utah Legal Definition: Disorderly Conduct
Tags: Class B misdemeanor, gang
