
Listen to this article
Download AudioUnlawful Arrest Reflects Ongoing Police Misconduct and Racial Profiling
By Darius Spearman (africanelements)
Support African Elements at patreon.com/africanelements and hear recent news in a single playlist. Additionally, you can gain early access to ad-free video content.
KEY TAKEAWAYS |
---|
David Smiley was unlawfully arrested for loitering while working at night. |
Smiley’s Fourth Amendment rights were violated during his arrest. |
Body camera footage confirmed Smiley was cleaning and not loitering. |
The police department dismissed the charges due to lack of probable cause. |
Smiley is suing the Glynn County Police Department for various violations. |
The case highlights the need for police reform and accountability in Georgia. |
Unlawful Arrest Reveals Racial Profiling in Georgia
In an unsettling event that reminds us of segregation times, a Black man in Brunswick, Georgia, faced unfair treatment through laws meant to protect everyone. David Smiley’s troubling experience reminds us that racial profiling and old discriminatory laws still affect modern America.
The Incident: Work Night Turns Disturbing
On December 5, 2023, David Smiley was working. He used a broom to clean outside the Cost Kutter grocery store late at night. But soon, his dedication led to a police encounter that disrupted his life.
As Smiley worked, officers from the Glynn County Police Department asked for his ID. Knowing his rights, Smiley declined because the request was unwarranted. The situation intensified, resulting in his arrest for loitering and prowling.
Racial Disparities in Low-Level Arrests Across New Jersey Cities
Body camera footage clearly shows Smiley cleaning with a broom, proving his case. Despite this, and his mention of working for “D & B Sweepers,” a well-known local company, the officers still arrested him. This poor decision-making raises questions about the officers’ motives and judgment. (Atlanta Black Star).
The Aftermath: Delayed but Achieved Justice
Ironically, the system that wronged Smiley offered a hopeful turn. That same day, a lieutenant reviewed the case and saw no reason for the loitering and prowling charge. Officer Victor Ramirez reported that Lt. Davis found no grounds for the arrest and told him to release Smiley.
This quick turnaround shows the arbitrary nature of the initial arrest and questions the training within the Glynn County Police Department. Why did officers misjudge a situation that a superior dismissed immediately after reviewing it? (Atlanta Black Star).
The Legal Response: Fighting Systemic Racism
Determined to address this injustice, Smiley took action against the system that failed him. On January 2, 2025, lawyer Roland Mumford filed a federal lawsuit for Smiley against the Glynn County Police Department. The lawsuit claims violations of Smiley’s Fourth Amendment rights, including unlawful arrest and detention. It also accuses officers of assault and failing to act against clear misconduct.
This lawsuit is about more than personal justice; it challenges the racial prejudices in law enforcement. By going to federal court, Smiley and his team focus on the bigger issue of racial profiling and vague law misuse against Black individuals.
Understanding the Roots: Jim Crow and the Black Codes
To grasp the gravity of Smiley’s experience, we need to understand the history behind laws like loitering and prowling. After the Civil War, Southern states enacted the Black Codes to restrict the freedom of newly emancipated African Americans (Black Codes & Pig Laws | PBS). These codes limited rights such as voting, property ownership, and free movement. They often included vague vagrancy laws that led to unjust arrests and forced labor.
Similarly, Jim Crow laws enforced racial segregation and inequality from the late 19th century into the 20th century (What was Jim Crow | Ferris State University). These laws affected every aspect of life, from education to transportation, solidifying a system of oppression. Understanding this background helps explain how remnants of these laws impact today’s legal system.
The Misuse of Loitering and Prowling Laws Today
Loitering and prowling laws, although seemingly neutral, have roots in controlling marginalized communities. Historically, they were tools to imprison African Americans for minor infractions (Black Codes | Wikipedia). Today, these vague laws often enable racial profiling by allowing police to detain individuals without clear probable cause.
In Smiley’s case, officers ignored his reasonable explanation and evidence of employment. This disregard mirrors past abuses where such laws justified unwarranted arrests. Consequently, it shows the ongoing problem of racial profiling in law enforcement.
Protecting Constitutional Rights and the Need for Police Reform
The Fourth Amendment protects citizens from unreasonable searches and seizures. It requires that any detention or arrest be based on probable cause. Smiley’s unlawful arrest represents a violation of these constitutional rights.
Therefore, proper training for police officers is essential. They must understand constitutional rights and practice racial sensitivity. Enhanced training can prevent incidents like Smiley’s and build trust within communities.
What is Systemic Racism?

Systemic Racism: It refers to policies and practices entrenched in established institutions that result in the exclusion or promotion of designated groups. In the context of policing, it manifests as disproportionate targeting of Black individuals, leading to incidents like Smiley’s arrest.
Addressing systemic racism requires a collective effort to change institutional practices. Community oversight can play a vital role in holding law enforcement accountable (Racial Profiling Definition | ACLU). By involving the community, we can ensure that policing protects all citizens equally.
The Historical Echo: Times of Jim Crow
Smiley’s case is not an isolated event. It is part of a troubling pattern that dates back to the Jim Crow era. The “loitering and prowling” charge resembles the old “Black Code” laws meant to oppress Black people.
Consequences of Loitering Convictions in Georgia
Though explicit racial language may be gone, the spirit of these laws remains in practice. Vague charges like loitering are still used disproportionately against Black individuals, acting more as tools for control than genuine law enforcement.
Legal Implications: Reform is Needed
Georgia law requires police to use good judgment when arresting for loitering and prowling. The law states people should get a chance to explain their presence and behavior. Smiley did exactly that, but officers ignored him.
This case shows the urgent need for police reform and better training on respecting rights and understanding racial issues. Community oversight and accountability are crucial to prevent such power abuses.
FAQ
Q: What happened to David Smiley in Brunswick, Georgia?
A: David Smiley, a Black man, was unjustly arrested while performing his job of cleaning the exterior of a grocery store. Officers confronted him, demanded identification, and arrested him on charges of loitering and prowling despite him explaining he was working.
Q: What evidence supports David Smiley’s claims?
A: Body camera footage clearly shows Smiley engaged in his cleaning duties, which contradicted the officers’ justification for their actions. Following a review, a lieutenant determined there was no probable cause for his arrest, leading to the charges being dropped.
Q: What legal actions has David Smiley taken?
A: Smiley has filed a federal lawsuit against the Glynn County Police Department, alleging violations of his Fourth Amendment rights and other charges including assault and battery, false imprisonment, and failing to intervene in misconduct.
Q: How does this incident relate to historical issues of racial profiling?
A: Smiley’s experience reflects a broader pattern of racial profiling reminiscent of Jim Crow-era laws, particularly the misuse of vague charges like loitering, which have historically targeted Black individuals and maintain systemic racism.
Q: What are the broader implications of Smiley’s case?
A: This case raises urgent questions about police reform, accountability, and emphasizes the need for enhanced training on constitutional rights to prevent similar injustices in the future.
ABOUT THE AUTHOR
Darius Spearman is a professor of Black Studies at San Diego City College, where he has been teaching since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.