HomeMy WebLinkAbout05-23-2000 Articles Io~a City Gazette, Wednesday, Fay 17, 2000
poi
· 1~ · From page :LA ...... ,-
'and received tra~c*stop data.
traffic stop
poena, he said, he would have
moved to quash it. ' doesn't have anything to do
'~rhe only th~ng this aU'orma- With whether this defendant
tion is good for is to argue that
' the police stop too many black was breaking the law or
people," Tiffany said. "It doesn't not. ~' ~ ' .
questioned
wheti~er this .defendant was ~ . Oavid Ylffany,
breaking the law or not."
If Phillip believes he was
Lawyer subpoenas the name of the registered own- stopped because he was black, for the stop, that's all that
er, the officer then ran a corn- Tiffany said, he could pursue an matters in court.
records in defense pu~erized cheek of that name, tavestigation of whether his civ- Persaud didn't dispute that
learned that the person was il rights were violated. But his client was driving while
of black motorist~ ~; suspended from drtvtag and there is no remedy in criminal barred. "The question is wheth-
i stopped the car. court, T~ffany said. er the stop was valid," he said.
' ay Lynn M. 'reffi Iowa City Police Chief R.J.
6azette staff wntor Problem was, Phillip wasn't Winkelhake decided to liave his Tiffany criticized the motion
IOWA CITY -- An Iowa City the registered owner of the ear officers collect race and gender to suppress evidence as vague,
defense attorney who has sub- but was borrowing it. data at traffic stops last July stating that it doesn't actually
poenaed the race and gender Furthermore, when the offi- agter cliscusshng the issue with explain why the stop was un-
traffic.stop data eollectedby the cer ran the computerized check the Police Citizens Review reasonable. He also criticized
Police Department for possible of the registered owner's name, Board. Winkelhake has said he Persaud for not talking with the
use in defending a black client the computer will not have the data analyzed officers before drawing concta-
accused of driving while barred identified an- until he has a full year's worth, sions about the validity of the
said he is not accusing Iowa other person He was out of town and un- stop.
City officers of being racist. ~ gMy with the available for comment on Tues- Persaud said officers are rare-
"My reading of the tafoma- reading of the same name -- day.
tlon in the (formal charges) and information a person who Tiffany added that Iowa law ly deposed as part of a drivtag-
first set of police reports didn't was suspend- doesn't allow for a pretext de- while-barred case.
show a valid reason for the in the (formal ed from driv- lense -- that is, a defendant "Regardless of how ~ case
lng. But the can't argue that officers came turos out, the traffic stop data
stop," said attorney Peter Per- charges)and
saud, who is the first to request r e g i s t e r e d up with a valid reason for need to be analyzed, persaud
the traffic stop data for a court first set of owner wasn't stopping hah to jtmtffy what said. "It's important that every-
ease. "Because I didn't see a police reports suspended at was really a race-based stop. As one look at what these numbers
valid reason, I had to start all. The mis- long as there was a valid reason show," he said. :
looking other ways and started didn't show a taken identi-
subpoenaing the records." valid reason ty wasn't dis-
Persaud's client, Derrick Phil- for the covered .until
lip of Waterloo, was stopped later. '
Dec. 9 in the'500 block of stop'99 In the pro-
Maiden Lane and charged with ~tar Less of mak-
driving while barred. Because
he doesn't believe there was a Pa~aaud, lng the stop,
valid reason for the stop, ~er- lawy®r officer did
saud also has made a motion to learn that
suppress all evidence collected Phlllip was barred from driv-
at the stop. A hearing on that ·
motion is set for June 27 and rog.
t~ial is set for June 28. Defending the stop, Tiffany
Prosecutor David Tiffany said said the law upholds traffic
that the subpoena for t~affie- stops made based on mistaken
stop data and the motion to facts. True, he said, tho identity
to imply that Persaud believes wouldn't have happened if the
the officers lied about why they officer had checked the regis-
stopped Phlllip. tered owner's driving record
Persaud disagreed. "I just using his date of birth and
want to see what the data social security number, not just
show," he said. his name. But that doesn't in-
According to reports, an offi- validate the stop, Tiffany said.
cer observed Phillip driving a Tiffany said that by the time
car, suspected he might be driv- he started working on the case,
lng with a suspended license, Persaud already had requested
and ran a computerized check
of the license plate. Learning · lure to 9A: Stop
· · Page 11A
Monday,
May 8,
2000
Iowa City Press-Citizen
Police board OK
but not perfect
Generally, joint meet- sentaUon.
ing between the Iowa City · Councilwoman
Council and the Police Connie Champion is right
Citizens Review Board that the board is "distant"
have resembledlovefests, from both the police
And, generally, we department and the coun-
agree the city is better offcil. As one example of
with the board than with- that, the board invites
out it. officers to a name~lear-
The board was formed lng hearing, but the police
in the wake of the mistak- union recommends offi-
en shooting of local arlist cern not participate.
Eric Shaw by an Iowa · And, the board has
City police officer, no authority to discipline
The goal was to have officexs. We aren't recom-
some sort of civilian over- mending that it should
sight of police, have that authority. But
As it works, the board ~ lack of it clearly hampers
takes complaints and the board's effectiveness.
investigates them. The council will decide
If it finds a complaint next year whether the
valid, and that police board shouldcontinue.
haven q. done enough to Probably, it should.
resolve the issue, it can But we agree with both
send a report to the coun- board and council mem-
cfi for additional review, bers who suggest them
But while we agree the should be specific criteria
city is better off with the for evaluating the board's
~ let's not go too far. value.
There still ar~ many Right now there's only
questions, and the a perception things have
process is hardly perfect changed.
as it was envisione& And we still argue that
· Debates will contin- all board deliberations
ue over what information and information should
is public and what isn't~ be made public. That
· Councilman Steve would bring the board
Kanner is right that the closer to the public and
board should work hard- council more than any-
er to get minority repre- thing else.