Attorney General Carla J. Stovall
120 S.W. 10th Ave., 2nd Fl.
Topeka, KS 66612-1597
785-296-2215
GENERAL@ksag.org
Racial Profiling
Formal Complaint involving Lawrence Police Dept. and Yellow House store Inc. Ongoing investigation. Presented by the Yellow House Store, and Charles Rayton.
RACIAL PROFILING POLICY:
The policy defines racial profiling as the practice of using ethnicity, nationality, gender or religious dress as a basis for investigations or searches.
The policy says the police department treats "all persons having contact with this agency in a fair, equitable and objective manner" and prohibits officers from using criteria such as race during criminal investigations.
See page 97 section 4.38 of the Lawrence Police Dept. Procedure Manual.
http://www.lawrencepolice.org/pdfs/LKPD-Policy.pdf
This letter is to inform your office about an incident that happened December 2, 2005. The action in question occurred on the rear parking area of Brian Plumbing, 1901 Massachusetts, and occurred during the execution of a search warrant on the Yellow House Store at 1904 Massachusetts.
Charles Rayton an African American customer of the Yellow House Inc. Pulled into the rear parking lot of Brian Plumbing at approximately 3:00 pm intending to shop in the Yellow House Store Inc.
After exiting his vehicle he proceeded to enter through the back door of the store.
Officer Tony Garcia at that point stopped him and informed him a search warrant was being executed on the business and at that point Mr. Rayton turned to leave.
Walking up behind Mr. Rayton from another vehicle was another customer. (Name withheld) A white man, who witnessed the treatment of Mr. Rayton, but was not searched by Officer Garcia or asked to show I.D.
After Mr. Rayton stepped outside Officer Tony Garcia asked Mr. Rayton to present him with identification. As Officer Garcia began to approach Mr. Raytons truck he proceeded to ask Mr. Rayton what house he had burglarized to obtain the property that wan in the back of his truck and if he had been selling stolen merchandise to the Yellow House.
Officer Garcia then went over to Mr. Raytons vehicle and began searching through the items in the back of the truck. Mr. Rayton informed Officer Garcia he did not give him permission to search his truck. Officer Garcia continued going through the back of Mr. Raytons truck and pulled out some items, held them up and questioned him about them, again asking him “if he had been out breaking in houses?”
This search was not conducted on the Yellow House property, these facts of this unwarranted search and humiliating treatment was witnessed by five documented witnesses that have signed statements and are willing to testify.
See Story about other Racial Profiling incidents by Lawrence Police:
http://www.lawrence.com/news/2005/oct/17/authority_v_minority/
After Officer Garcia finished the search of Mr. Raytons vehicle without his consent, a white elderly couple pulled up and began to get out of their car. Officer Garcia informed them a search warrant was being issued on the Yellow House and they would have to leave. He did not ask to see their Identification, ask them about selling stolen property, or search their car. Another White male also approaching the property was not questioned or searched. Several other customers also pulled in and were asked to be leave without being searched or questioned.
Would this be considered
Unbiased, equitable treatment" of all people?
An April 2005 Department of Justice survey found that blacks and Hispanics are roughly three times as likely as whites to be searched, arrested, or threatened or subdued with force when stopped by police.
According to a bill enacted into congress in 2005 It is illegal for a police officer to racially profile an individual.
http://www.khrc.net/pdf/77.pdf
Due to the high level of corruption associated with the Yellow House investigation,
We have chosen to keep the identity of the witnesses in this incident confidential in regards to their safety.
Considering the fact Internal Affairs Sergeant Dan Ward was involved in covering up the illegal actions of Officer Jay Bialek and other officers involved in the Annette Miller Harassment case, which involved Annette Miller being subjected to an unwarranted search, 8 traffic stops without being cited, and repeated intimidation.
We have chosen not to disclose the names of the witnesses at this time due to our concerns associated with the witness intimidation issues in this case. However they are available upon request.
Thank you,
Charles Rayton
Carrie Neighbors
Guy Neighbors
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