ABSTRACT

The ‘legal use of racial profiling’ – it is hard to even utter these words. 1 Yet, for several decades now, at least since the mid-1970’s, the highest court of the United States has condoned the use of ethnic or racial features in law enforcement. In explicit terms, the Supreme Court has allowed police officers to use the colour of someone’s skin to justify a stop, to legitimate interrogation, to facilitate a police search.