The plain fact is that it's a lot less likely if you're white, but the core problem here is identity theft. People worry about their identity being stolen and debts incurred, but what if someone steals your identity and attracts the interest of the Department of Justice?

The Village Voice: Features: Three Days in NYC Jails by Bryonn Bain Saturday night, November 23, 2002, I was pulled over on the Bruckner Expressway because of a broken taillight. The police officer who ran my license claimed I had multiple warrants out for my arrest, and I was thrown in jail to begin a weekend I will not soon forget.

During the next three days, I was interrogated about "terrorist activity"—whether I was involved with a terrorist group or knew anyone else who was—without an attorney present. My Legal Aid lawyer claimed she was also a medical professional and diagnosed me as mentally ill when I told her I teach poetry at New York University. After my bail was posted, I was held behind bars another night because central booking ran out of the receipts required for my release. On my third day in jail, accused of two misdemeanors and a felony I knew nothing about, I was finally found innocent, and allowed to go home.