The following excerpt is from U.S. v. Fisher, 702 F.2d 372 (2nd Cir. 1983):
Other factors to be considered in determining whether there is a sufficient basis for arresting a particular individual for a given crime include whether the locale and the time of day increase the likelihood that the individual suspected is the person sought. For example, if the person sought is Black and the neighborhood under surveillance is predominantly Black, the presence of a Black person on the street will have less significance than it would if the neighborhood were predominantly White. See, e.g., United States v. Shavers, 524 F.2d 1094, 1095 (8th Cir.1975) ("The population ... was estimated at trial to be about 50% black, and a great number of men stand about 5' 8"' in height.... At 9 o'clock on any weekday morning, many individuals answering to the broadcast description could be found in a business district such as the one where Shavers was arrested.").
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