As reported in the Harvard Crimson, Justice Antonin Scalia doesn’t believe that the Fourth Amendment offers protection against racial profiling.
So what about the Fifth Amendment?
A search is, to be true, not in and of itself incriminating. But given the fear that the search process can induce, and how police in America can still subtly, or unsubtly, steer, guide or coerce investigations and interrogations, it certainly approaches putting a person in an incriminating position.
And, short of Michael Jackson medical procedures, minorities cannot change the color of their skin, so that is in and of itself testifying against one’s self.
Have any attorneys tried this?
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