N side wears blue, S side wears red, and a boy wears blue while going to pick up his brother, but he's not in a gang at all. Can he really be arrested for "wearing the wrong color"?
by 
MiMI
ANSWERS: 3
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if he's a minority
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I think it depends on whether or not he was in an area known for heavy gang activity. If you are going somewhere where you know there is even the remotest chance you could be mistaken for a gang memeber by ANYONE....for God's sake, wear green. Or polka dots. Or anything but the colors those groups have adopted as their calling cards to the world. Is it unfair? Absolutley. Unfortunately that is one of the consequences of the society in which we now live. Is it constitutional? Probably not. But the police have their hands full trying to find a way to deal with all of the problems gangs create. Their tactics might not be ideal, but they are fighting a losing battle. It's like using your finger to plug a whole in a dam.
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No. In fact, even if he was in a gang, he cannot be arrested simply because of his membership. However, gang members are often held liable as co-conspirators for the gang activity. Thus, if your gang committed a crime and you helped in any way (e.g. told someone who they should rob, or other minor role), then you are just as liable as the person who did the act. If a person is arrested based on a color, that is usually just one small factor leading to the arrest. The color provides a clue to look at the person more closely, but there would have to be something to create probable cause to permit an arrest.
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