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View Full Version : Panthers Lineman Arrested For 'Driving While Black'


Livinginthe past
07-02-2007, 07:24 PM
Well, you'll find racist people in just about walk of life - it just so happens that the police have the authority to affect your life based on those prejudices.

I can imagine that the 'tint level' of the windows could be a pretext to search the car, but either its breaking the law or its not.

A simple test on the tinting would tells us if it was below the legal limit - and they don't want police officers to apply that law - then scrap it.

CHARLOTTE, N.C. (AP) -- Carolina Panthers reserve guard D'Anthony Batiste says his recent arrest on a weapons charge may have been racially motivated.

Batiste, a former deputy in Louisiana, was initially charged with carrying a concealed weapon after a search of his car during a traffic stop. Police had stopped Batiste's car, saying his window tint was too dark. On Friday, a Mecklenburg County judge threw out the charges, saying the arrest for a window tint violation was a pretext to search Batiste's car.

Batiste was fined $110 for failing to update his driver's license when he moved to North Carolina last fall.

"When the arrest happened, I called some of my supervisors back in Louisiana," Batiste told The (Rock Hill) Herald after leaving the courtroom Friday. "As soon as I'd explain it, all of them said 'D, something's not right about this.' We're all kind of under the impression I was arrested for driving while black."

Charlotte Mecklenburg Police Department spokeswoman Julie Hill said that Batiste's arrest was not racially motivated. "He received no special treatment in that regard," she said.

Hill said the department has been cracking down on window tint violations because too dark windows block an officer's view of who is inside a car and can put the officer in a dangerous situation.

Batiste was arrested on March 25 when officer Bret Balamucki noticed the windows of Batiste's 2007 Chevrolet Tahoe were so dark "I couldn't see who was inside."

Balamucki said windows are supposed to have at least a 35 percent light transmission and Batiste's windows tested at 8.8 percent. Balamucki said he found the gun -- Batiste's service weapon from his days as a deputy with the Lafayette (La.) Parish Sheriff's Office -- during a search of the car.

Balamucki said Batiste was initially cooperative, but became frustrated and refused to answer questions.

Batiste said the arrest has shaken him.

"Right now, I don't know how I feel about the CMPD," Batiste said. "I feel bad, because this was an embarrassment to me, my family, my teammates and the whole organization, all because an officer was unwilling to show discretion."

rbryan
07-02-2007, 08:05 PM
What are the odds of there being an NFL player up on a gun charge who was actually an ex cop?? lol

I seriously doubt D'Anthony was arrested because he was black, way to play the race card Einstein. It's already been established that your tint was so dark that no one could see you.

Was the gun registered? Article doesn't say. Seems like that would have been a good question. Ex cop or not if he's driving around with an unregistered weapon he broke the law.

SteelersMongol
07-02-2007, 08:39 PM
He's an ex-cop and he's playing racial card? What a jacka$$.

MasterOfPuppets
07-02-2007, 09:05 PM
i was pulled over about 10 yrs ago because of the tint on my windows.i was given a repair order and had 14 days to remove the tint and had to take my car to the state police barracks to show them it was removed. the last time i checked i was white as rice...:hunch:

SteelCityMan786
07-02-2007, 09:36 PM
I don't get the point of this one.

TackleMeBen
07-02-2007, 10:08 PM
they passed the tint law in NC back in 1990 i believe. The law stated that if you had your windows tinted before the law was signed then you were grandfathered in. ( i know this b/c my brother had tinted windows on his car and he was grandfathered in). If you couldnt produce record of having your windows tinted before that then you would have to have it removed or lightened to fit the law.

Elvis
07-03-2007, 04:58 AM
He's an ex-cop and he's playing racial card? What a jacka$$.
Agreed!!!

wharalson
07-04-2007, 12:29 PM
all i am saying is i lived in charlotte for four yearsand that was fours too long so if the shoe fits wear it and the cmpd do racial profiling,thats why my family and i relocated to florida and i am not white as rice.

j-dawg
07-04-2007, 01:28 PM
does racial profiling exist? yes. did it happen here? can't say, none of us were there. i would think that since he was a cop, he'd have a rapport with the officer. so, yeah, part of me would think that this officer went to far. OR.. maybe D'Anthony was being disrespectful and it encouraged the officer to further exercise the law.

none of us know, 'cause none of us were there.

xXTheSteelKingsXx
07-04-2007, 01:59 PM
Im just wondering what is the definition of a concealed weapon is? I mean do they consider it concealed if the cop cant see it (like in the back seat) or if is obviously hidden?

section514
07-10-2007, 08:52 AM
If he was driving in a car with tinted windows how could racial profiling occur if he couldn't see who was in the car in the first place?

Mosca
07-10-2007, 09:00 AM
"None of us know, because none of us were there."

True dat, j-dawg. True dat. It might have been, it might not have been. But we don't know anything other than what the aggrieved party has told us.


Tom

rbryan
07-10-2007, 10:32 AM
does racial profiling exist? yes. did it happen here? can't say, none of us were there. i would think that since he was a cop, he'd have a rapport with the officer. so, yeah, part of me would think that this officer went to far. OR.. maybe D'Anthony was being disrespectful and it encouraged the officer to further exercise the law.

none of us know, 'cause none of us were there.

Excellent point. Of course not knowing for sure about any topic doesn't stop most people from having an opinion.

If you're going to start thinking this rationally you might have to trade in your Browns jersey.lol

Preacher
07-10-2007, 01:14 PM
I have to admit a couple of things here...

1. Being that he was an ex-cop... I will give him more credence... being that he was a cop in Louisianna... well... he may be thinking there is a 50/50 shot that the cop was dirty :sofunny:!!

2. What I really want to see, is the police department showing a number of other people pulled over and searched for the window tint.

3. I have a feeling this wasn't racially motivated (just a personal opinion... I wasn't there...), instead, I think this was an over-anxious cop not... as the player put it... showing discretion.

4. No, you don't necessarily have to have a gun registered... it just depends on the laws of the state and or city. And personally... I think that gun registration is crap... but that is just me.

HometownGal
07-10-2007, 03:24 PM
If he was driving in a car with tinted windows how could racial profiling occur if he couldn't see who was in the car in the first place?

My thoughts exactly. :thumbsup: The guy got caught with his pants down, so to speak, and played the race card. Hey dum dum - when you move to a new state, it only makes sense to check out the Motor Vehicle Codes that apply to that state.

The North Carolina Tint Law, as enacted:

http://home.pcisys.net/~bpc/auto_law/tint/tint_nc.html

The General Assembly of North Carolina enacts:

Section 1. G.S. 20-127, as amended by Chapter 683 of the
1993 Session Laws (Reg. Sess. 1994), reads as rewritten:
"? 20-127. Windows and windshield wipers.

(a) Windshield Wipers. -- A vehicle that is operated on a
highway and has a windshield must have a windshield wiper
to clear rain or other substances from the windshield in
front of the driver of the vehicle and the windshield wiper
must be in good working order. If a vehicle has more than
one windshield wiper to clear substances from the windshield,
all the windshield wipers must be in good working order.

(b) Window Tinting Restrictions. -- A window of a vehicle that is
operated on a highway or a public vehicular area must comply with
this subsection. The windshield of the vehicle may be tinted
only along the top of the windshield and the tinting may not
extend more than five inches below the top of the windshield or
below the AS1 line of the windshield, whichever measurement is
longer. Any other window of the vehicle may be tinted in
accordance with the following restrictions:

(1) The total light transmission of the tinted
window must be at least thirty-five percent (35%).
A vehicle window that, by use of a light meter
approved by the Commissioner, measures a total
light transmission of more than thirty-two
percent (32%) is conclusively presumed to meet
this restriction.
(2) The light reflectance of the tinted window must
be twenty percent (20%) or less.
(3) Tinted film or another material used to tint the
window must be nonreflective and must be a color
other than red, yellow, or amber.

(c) Tinting Exceptions. -- The window tinting restrictions in
subsection (b) of this section apply without exception to the
windshield of a vehicle. The window tinting restrictions in
subdivisions (b)(1) and (b)(2) of this section do not apply to
any of the following vehicle windows:
(1) A window of an excursion passenger vehicle, as
defined in G.S. 20-4.01(27)a. (2) A window of a
for-hire passenger vehicle, as defined in
G.S. 20-4.01(27)b.
(3) A window of a common carrier of passengers, as
defined in G.S. 20-4.01(27)c.
(4) A window of a motor home, as defined in
G.S. 20-4.01(27)d2.
(5) A window of an ambulance, as defined in
G.S. 20-4.01(27)f.
(6) The rear window of a property-hauling vehicle,
as defined in G.S. 20-4.01(31).
(7) A window of a limousine.
(8) A window of a law enforcement vehicle.
(9) A window of a multipurpose vehicle that is behind
the driver of the vehicle. A multipurpose vehicle
is a passenger vehicle that is designed to carry
10 or fewer passengers and either is constructed
on a truck chassis or has special features designed
for occasional off-road operation. A minivan and
a pickup truck are multipurpose vehicles.
(10) A window of a vehicle that is registered in another
state and meets the requirements of the state in
which it is registered.

(d) Violations. -- A person who does any of the following commits a
misdemeanor of the class set in G.S. 20-176:


(1) Applies tinting to the window of a vehicle that
is subject to a safety inspection in this State
and the resulting tinted window does not meet the
window tinting restrictions set in this section.

(2) Drives on a highway or a public vehicular area
a vehicle that has a window that does not meet
the window tinting restrictions set in this section.

(e) Defense. -- It is a defense to a charge of driving a vehicle with
an unlawfully tinted window that the tinting was removed within
15 days after the charge and the window now meets the window
tinting restrictions. To assert this defense, the person charged
must produce in court, or submit to the prosecuting attorney before
trial, a certificate from the Division of Motor Vehicles or the
Highway Patrol showing that the window complies with the
restrictions."

fansince'76
07-10-2007, 03:25 PM
How is a traffic stop "racially motivated" when a cop can't even see the driver?

revefsreleets
07-10-2007, 04:17 PM
More importantly, suppose that profiling does exist. Suppose you fit into one of the profiles. Why, then, would you tint your windows, roll on big fat 22's, carry guns and drugs and whatever else in your car? If your profile stands way out, why wouldn't you try to dim that profile a bit, especially if you are going to carry a bunch of illegal stuff in your car?

It's just a complete lack of any kind of common sense, and it really rankles when they then try to play the race card.

SteelCzar76
07-10-2007, 07:10 PM
"None of us know, because none of us were there."

True dat, j-dawg. True dat. It might have been, it might not have been. But we don't know anything other than what the aggrieved party has told us.


Tom



"True dat. True dat " ???