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By Darius Spearman (africanelements)
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Why Probable Cause Matters in Police Actions
The dismissal of charges against Marvin Long hinges on the legal concept of probable cause. Police must have concrete evidence – not just suspicion – to justify arrests or searches according to the Fourth Amendment (Wikipedia). In Long’s case a judge ruled officers lacked this foundational requirement when unleashing the K9 that mauled him outside his Alabama home.
Reasonable suspicion allows brief stops but probable cause demands higher proof like direct observations or credible tips. Since the officers chanted “Bite him!” before releasing the dog their conduct veered into punitive action rather than legitimate law enforcement (FindLaw). The court’s decision highlights how flimsy pretexts crumble under constitutional scrutiny.
Racial Bias in Police Dog Deployments
Advocacy groups argue this case exposes entrenched racial disparities in use-of-force practices. Black Americans experience police dog attacks at 3.6 times the rate of white citizens according to limited federal data (Office of Justice Programs). The absence of Alabama-specific statistics however obscures the true scope of this crisis.
North Alabama authorities faced fierce criticism for keeping the involved officer on active duty. Systemic factors like canine unit training protocols often escape public scrutiny despite shaping outcomes. While Long’s charges were dismissed the lack of officer accountability preserves harmful patterns.
How Legal Loopholes Block Accountability
Alabama’s internal police review processes lack transparency enabling officers to avoid consequences even in egregious cases. Unions often shield members through contractual protections and procedural delays. This institutional inertia explains why video evidence of Long’s attack didn’t trigger immediate disciplinary action (University of Michigan Law).
The exclusionary rule excludes illegally obtained evidence but doesn’t address broader misconduct patterns. Until agencies mandate independent oversight and publish use-of-force statistics K9 units will remain poised to harm rather than protect vulnerable communities. Long’s legal victory spotlights systemic failures needing urgent legislative repair.
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.