![]() Some are calling for abolition, many for varying degrees of defunding. As deaths of Black people at the hands of law enforcement continue unabated, the talk is no longer just about regulating police. ![]() Yankah, Pretext and Justification: Republicanism, Policing, and Race, 40 Cardozo L. Carbado, From Stopping Black People to Killing Black People: The Fourth Amendment Pathways to Police Violence, 105 Calif. E.g., Issa Kohler-Hausmann, Misdemeanorland 1–5 (2018) Devon W. Many agree that lawmakers criminalize too much routine activity and that the police should not be able to question, arrest, and use force against racial minorities suspected of only minor or vague misconduct. 29, 2021), Conor Friedersdorf, End Needless Interactions with Police Officers During Traffic Stops, THE ATLANTIC (July 8, 2016), Sean Illing, Why the Policing Problem Isn’t About “A Few Bad Apples,” VOX (June 6, 2020, 8:01 AM). Richard Fausset & Shaila Dewan, Police Decisions Are Scrutinized After Rayshard Brooks’s Fatal Encounter, N. They are, in fact, deeply intertwined.Ĭommentators widely view the deaths of Black people at the hands of police as the product of overbroad criminal laws and the overwhelming discretion given to police to stop, arrest, and use force on people they encounter in the streets. The problems of inequality, healthcare, and policing are not new. A year after the first shelter-in-place orders, the trial and conviction of Derek Chauvin, punctuated by yet more police killings, resurrects the trauma and reminds us that much progress still needs to be made. At the height of the first summer surge of the virus, protests against the killings of Black people at the hands of police, including the murder of George Floyd, swept across cities. During this time of pandemic, the problems of race and policing have also come into intense focus. The role of race reverberates in disparate rates of COVID-19 infection, treatment, and access to testing and vaccines. Every month of the COVID-19 pandemic has revealed how racial identity affects health and healthcare outcomes. The past year has exposed in stark relief the age-old fissures of racial inequality in America. Further, as we question the harm or necessity of police presence in communities, we should conceptualize ERs as patient sanctuaries to achieve a better balance between the rights of vulnerable patients and public safety. I conclude by suggesting that the reasonable expectation of privacy standard should incorporate considerations of medical vulnerability and medical privacy. Especially in these ERs, the doctrine’s blind eye to medical vulnerability also renders invisible the race and class dynamics undergirding policing and access to healthcare. The presence of police in the ER has a particularly pernicious effect in emergency rooms that have large percentages of racial minority and poor patients. Finally, the courts’ treatment of the ER as an extension of the street raises the same concerns of racialized street policing because of the convergence of police and marginalized groups in safety-net emergency rooms. Further, police investigations in the ER are enhanced by the participation of medical professionals who have existing professional norms as well as their own history and current evidence of bias and discrimination. The doctrine cannot account for the unique characteristics of the ER and the medical vulnerability of patients. Yet courts have interpreted the ER as an extension of the public street, generally permitting the police to engage in highly intrusive searches and questioning there. ERs play a crucial “safety-net” function for those who do not have access to other types of medical care. The ER is where people go when they are vulnerable and injured. It explores how the courts’ interpretation of the Fourth and Fifth Amendments has resulted in the criminalization of the emergency room. This Article focuses on how policing affects people in one such place where they are particularly vulnerable: the emergency room. The problems of policing extend beyond the street and into areas of our lives that are often hidden from view.
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