According to the results of the 2009 Traffic Study Report, minority motorists in West Virginia are 2.5 times more likely than white motorists to be searched by law enforcement when stopped for alleged traffic violations. This is the case even though searches of minorities are less likely to reveal contraband than searches of whites.

There are two possible explanations for these results. One is that minorities are involved in illegal drug use at a greater rate than whites and thus they are more likely to arouse the suspicion of officers. The second explanation is that race is being used as a factor in the performance of roadside searches.

The problem with the first explanation is that it is undermined by statistical studies of the issue showing that minorities use illegal drugs at about the same rate as whites. For instance, according to a study conducted by the 2006 Substance Abuse and Mental Health Services Survey, about 49 percent of whites and 42.9 percent of blacks ages 12 and older have used illegal drugs at one point in their lifetime; 14.5 percent of whites and 16 percent of blacks have used illegal drugs in the past year; and 8.5 percent of whites and 9.8 percent of blacks have used illegal drugs in the past month. The 2004 and 2005 National Drug Use and Health Surveys also indicate that Hispanics use illegal drugs at about the same rate as whites (8.1 percent of whites and 7.4 percent of Hispanics ages 12 and up reported using illegal drugs within a month of survey).

Thus the perception that minorities are more often involved in the drug-trade is not rooted in reality. Instead, this perception is likely derived from the disproportionate rate at which minorities are arrested and imprisoned for narcotics use. Here in West Virginia, 26 percent of those arrested for drug offenses by drug task forces are minority males and yet minority males comprise only 2.5 percent of the population. Similar patterns can be observed in other states. It is a simple fact of the "War on Drugs" that minority neighborhoods are patrolled more often by law enforcement and, thus, minorities are arrested, convicted and imprisoned for drug offenses at a disproportionate rate. The disproportionate rate at which minorities are arrested and imprisoned for drug-related offenses has caused many to incorrectly leap to the conclusion that minorities are more likely to commit drug-related crimes.

They are not.

This leaves us with the alternative explanation for the results of the 2009 Traffic Study - racial bias in law enforcement. We can never conclusively prove this explanation.

Thought processes and motivations are intangible and difficult to unravel. In the end, the issue will have to be resolved by communities and law enforcement agencies that courageously and constructively engage this problem. We can, however, all agree on one thing.

The Traffic Study's results show that something is wrong in West Virginia, something that cannot be explained away with false claims about minorities and drug use.

Bova is an intern at the ACLU-WV working on racial justice issues.

According to the results of the 2009 Traffic Study Report, minority motorists in West Virginia are 2.5 times more likely than white motorists to be searched by law enforcement when stopped for alleged traffic violations. This is the case even though searches of minorities are less likely to reveal contraband than searches of whites.

There are two possible explanations for these results. One is that minorities are involved in illegal drug use at a greater rate than whites and thus they are more likely to arouse the suspicion of officers. The second explanation is that race is being used as a factor in the performance of roadside searches.

The problem with the first explanation is that it is undermined by statistical studies of the issue showing that minorities use illegal drugs at about the same rate as whites. For instance, according to a study conducted by the 2006 Substance Abuse and Mental Health Services Survey, about 49 percent of whites and 42.9 percent of blacks ages 12 and older have used illegal drugs at one point in their lifetime; 14.5 percent of whites and 16 percent of blacks have used illegal drugs in the past year; and 8.5 percent of whites and 9.8 percent of blacks have used illegal drugs in the past month. The 2004 and 2005 National Drug Use and Health Surveys also indicate that Hispanics use illegal drugs at about the same rate as whites (8.1 percent of whites and 7.4 percent of Hispanics ages 12 and up reported using illegal drugs within a month of survey).

Thus the perception that minorities are more often involved in the drug-trade is not rooted in reality. Instead, this perception is likely derived from the disproportionate rate at which minorities are arrested and imprisoned for narcotics use. Here in West Virginia, 26 percent of those arrested for drug offenses by drug task forces are minority males and yet minority males comprise only 2.5 percent of the population. Similar patterns can be observed in other states. It is a simple fact of the "War on Drugs" that minority neighborhoods are patrolled more often by law enforcement and, thus, minorities are arrested, convicted and imprisoned for drug offenses at a disproportionate rate. The disproportionate rate at which minorities are arrested and imprisoned for drug-related offenses has caused many to incorrectly leap to the conclusion that minorities are more likely to commit drug-related crimes.

They are not.

This leaves us with the alternative explanation for the results of the 2009 Traffic Study - racial bias in law enforcement. We can never conclusively prove this explanation.

Thought processes and motivations are intangible and difficult to unravel. In the end, the issue will have to be resolved by communities and law enforcement agencies that courageously and constructively engage this problem. We can, however, all agree on one thing.

The Traffic Study's results show that something is wrong in West Virginia, something that cannot be explained away with false claims about minorities and drug use.

Bova is an intern at the ACLU-WV working on racial justice issues.