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Responding to Allegations of Responding to Allegations of Racial ProfilingRacial Profiling

“Building Trust Between Police and the“Building Trust Between Police and theCommunity” Community”

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Sir Robert Peel, the Founder of Sir Robert Peel, the Founder of Modern PolicingModern Policing

““Police, at all times, should Police, at all times, should maintain a relationship with the maintain a relationship with the public that gives reality to the public that gives reality to the historic tradition that historic tradition that the police the police are the public and the public areare the public and the public are the policethe police; the police being only ; the police being only members of the public who are members of the public who are paid to give full-time attention to paid to give full-time attention to duties which are incumbent on duties which are incumbent on every citizen in the interests of every citizen in the interests of community, welfare & existence”community, welfare & existence”

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Federal Definition:Federal Definition:

Department of Justice Directive, June Department of Justice Directive, June 2003:2003:

Racial Profiling is the Racial Profiling is the invidiousinvidious use of race or ethnicity as a criterion in use of race or ethnicity as a criterion in conducting stops, searches, and other conducting stops, searches, and other Law Enforcement Investigative Law Enforcement Investigative procedures. procedures.

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What is Racial Profiling?What is Racial Profiling?

“The act (intentional or unintentional) of applying or incorporating personal, societal, or organizational biases and/or stereotypes as the basis, or factors considered, in decision making, police actions, or the administration of justice.”

~ Chief Ronald L. Davis Palo Alto, CA.

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Racial Profiling Is…Racial Profiling Is…

When a police officer uses Race, Color, or National Origin as the only factor in;

… of any individual.

• Stopping• Detaining• Interdicting or• Searching

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Questions?Questions?

• Why are racial profiling allegations on the rise across the country?

• What’s in it for you?

[Pics]

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Factors Fueling ComplaintsFactors Fueling Complaints

• Community members / police do not see the ‘same picture’ or set of facts .

• Community members / police are influenced by negative stereotyping on television/ newspapers

• Non-police are not trained in the ‘Legal Basis’, which guides enforcement action.

• What is this ‘Legal Basis’?

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1. Reasonable Suspicion1. Reasonable Suspicion**

- A police officer has the right to temporarily detain someone if there are specific facts that would lead a trained police officer to believe a crime has, is, or about to occur.

- “Specific facts” and/or pieces of “reliable information,” are essential building blocks to Probable Cause.

* In general, stop and frisks require only reasonable suspicion.

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2. Probable Cause2. Probable Cause Probable cause is where known facts and circumstances, of a reasonably trustworthy nature, are sufficient to justify a man of reasonable caution or prudence in the belief that a crime has been or is being committed. ~ Draper v. U.S. 1959

• Known as the “Reasonable Man” definition

• Arrests, searches, and seizures require probable cause.

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Sources of Probable CauseSources of Probable Cause• Observation of Real Evidence

• Admitted Ownership

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Possible Elements Leading to Possible Elements Leading to Probable CauseProbable Cause

• Flight - Alone, is normally not enough

• Furtive Movements - Nervousness alone is not sufficient as the law recognizes the right of people to be nervous or fearful around police

• False or Improbable Answers - This is not normally a basis of probable cause alone, but it tends to trigger subsequent police inquiry or action

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Possible Elements Leading to Possible Elements Leading to Probable Cause (continued)Probable Cause (continued)

• Presence at a Crime Scene

• Association with Known Criminals - where it is probable that others are involved or benefiting from the criminal activity

• Past Criminal Conduct - an officer's personal knowledge of a suspect's past

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How Does Reasonable How Does Reasonable Suspicion and Probable Cause Suspicion and Probable Cause

Apply to Traffic Stops?Apply to Traffic Stops?

In order for a police officer to make any traffic stop, an officer must have: 1. Reasonable Suspicion 2. Probable Cause - Witness a Traffic Violation or - Participate in a legitimate Speed or DUI/DWI operation

[Scenes]

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Racial vs. Criminal ProfilingRacial vs. Criminal Profiling• Racial Profiling is not Criminal Profiling

• Criminal profiling is a legitimate tool used to fight crime and terrorism

• Criminal profiling is an investigative method in which a police officer through observation of activities, identifies suspicious behavior patterns by individuals and develops a “legal basis”

to detain and question.

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Origins of Racial ProfilingOrigins of Racial Profiling

• The term “racial profiling” has emerged only in the early 1990s.

• However, such behaviors can be traced back to the 1950s and 1960s.

• Some experts even argue it can be traced back for centuries in U.S. history.

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Origin of Criminal ProfilingOrigin of Criminal Profiling

The Drug Enforcement Administration (DEA) was one of the earliest developers of “profiling”. In the early 1970s, Agent Paul Markonni created a “profile” of drug couriers based on behavior characteristics.

Q. What do you think some of these behavior characteristics were?

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Markonni’s Profile IdeaMarkonni’s Profile Idea• Person appears nervous

• Person pays for ticket in cash

• Person pays for ticket with large bills

• Person is going to or coming from a high drug area

• Person is traveling under an alias

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Questions? Questions? • How was Markonni’s approach reasonable?

• How was his approach unreasonable?

• How have some police officers compromised the approach?

• How much do you think your own set of values guided the way in which you answered the above questions?

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Personal ValuesPersonal Values

• What are personal values?

• Where do they come from?

• How do we get them?* *(Community & Police )

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Police Department ValuesPolice Department Values• Written policies of your department

• When were these values written and last updated

• Estimate the number of officers in your department that know these values or had a part in creating them

• These values are principles you are required to uphold as a police officer

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Police Department ValuesPolice Department Values(continued)(continued)

Write down the following (1-5):

• If you were the sole authority in drafting a set of values/ principles for your police department, what would your top five be?

[Test]

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Racial Profiling from a Behavior Racial Profiling from a Behavior PerspectivePerspective

• Your personal values and environment shape your behavior

Behavior * * Your Behavior is Everything to Citizens

Personal Values / Beliefs /

Attitudes

Your Work Environment and External Influences

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What are What are somesome police views? police views?

• I make arrests this way

• If you are innocent, you have nothing to worry about

• You fit the description

• If you were the victim you would not complain

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Myths: What is the benefit of Myths: What is the benefit of using racial profiling using racial profiling

practices?practices?• Can catch more criminals

• Leads to greater numbers of arrests

• Gain better control of an area

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What are What are somesome of the of the community’s views?community’s views?

• Feel angry or insulted

• View law enforcement as racist

• Feeling of unfairness

• View police as unprofessional

• Feel it is illegal

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What are the consequences?What are the consequences?

• Anger in the community

• Mistrust of law enforcement

• Lack of respect for law enforcement

• Loss of community involvement/support

• Can lead to lawsuits

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Negative Impact on CommunityNegative Impact on Community

• Undercuts the trust communities have in their law enforcement agencies and retards law enforcement initiatives

• Undermines the principles of community policing by changing the focus from community based problem solving to communities blaming law enforcement for problems

• Creates a dangerous “Us vs. Them” mentality

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Impact of Racial Profiling Impact of Racial Profiling AllegationsAllegations

• Allegations regarding the existence or perceived existence of racial profiling pose a significant risk to Police Community relations.

• The way in which your department addresses allegations of racial profiling shapes how your department is viewed internally and externally.

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The Challenge?The Challenge?

Public Perception vs. Police Perception

Q. How can you successfully bring both sides to see the same ‘picture’ and make

community members more aware & supportive of police action?

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Current Efforts To Address Current Efforts To Address Racial Profiling ConcernsRacial Profiling Concerns

Police Departments must respond to allegation of Racial Profiling

1. Data Collection(Partnership Development &

Community Engagement)

2. Education and Communication

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Reality of Data CollectionReality of Data Collection * Data collection cannot answer the question of

whether or not racial profiling exists. Data collection may only show disparity.

  Data collection may answer: 1. If no bias exists, are more minority drivers stopped? 2. Are minority drivers disproportionately searched?

Q. What must you need for every stop?

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Challenges to Data CollectionChallenges to Data Collection

• Determining the race of citizens stopped in the least obstructive manner without increasing tensions

• Budgeting, time, and paperwork burdens – How can the Police Department collect enough information without overloading the officers?

• Discouraging police from making legitimate stops

• Ensuring that reports are accurate and data is analyzed appropriately

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Education & CommunicationEducation & Communication

Open and productive dialogue between law enforcement and the communities it serves can provide the best opportunity for identifying community-based solutions to problems associated with racial profiling.

“To see the same picture”

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The Goal is to Build TrustThe Goal is to Build Trust

The building of trust is accomplished by helping parties…

1. Develop or supplement their knowledge and beliefs about racial profiling

2. Understand the different perspectives each group has about racial profiling

3. Identify the common goals shared by law enforcement & community members and...

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The Goal is to Build TrustThe Goal is to Build Trust(continued)(continued)

4. Encourage all parties to shift focus from blaming to addressing facts.

Enhancing trust between police and community can eliminate Racial Profiling allegations when both sides can “see the same picture” !

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Structure to Meet the ChallengeStructure to Meet the Challenge

The greatest impact you can personally make to eliminate Racial Profiling

allegation(s) is through your…

A. Initial Contact (Engagement) &

B. Ending Contact (Disengagement)

…Dialogues with all community members.

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Structure to Meet the Challenge Structure to Meet the Challenge (continued)(continued)

Initial/Initial/ Engagement Engagement Stage Stage * Sets positive/professional tone

* Give name and rank (and number if requested)* Do not assign blame* Describe violation if practical• Ask for cooperation

Not all initial contacts can set a positive tone for communications and trust building. WHY?

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Techniques to End/ DisengageTechniques to End/ Disengage• Explain the reason for the traffic stop

• Police officer should provide their name and rank

• Use the All Points Bulletin (APB) to help explain stop

• Clear the person from the ‘Suspect List’ to your ‘Supporter’ Category

• Ask the community member for their assistance. Lastly...

* Thank community members for their cooperation

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Importance of ProperlyImportance of Properly“Ending/ Disengaging”“Ending/ Disengaging”

“The problem is seldom one of blacks/browns being engaged by police. The problem is police failing to properly disengage.” ~ Chief Ruben Greenberg,

Charleston, SC

• An officer’s knowledge on the proper way to end/ disengage from community members can help defuse allegations of racial profiling.

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Partnership Development and Partnership Development and Community EngagementCommunity Engagement

The establishment of productive partnershipscan mitigate many potential negative impactscreated by allegations of racial profiling.

Q. How can you impact positive change to deter racial profiling allegations?

One community contact at a time.

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What’s in it for You?What’s in it for You?1. Your Safety

2. Personal/Mutual Community Respect

3 Liability/Your Job and Pension

4. It’s Your Insurance Policy

Be Safe…Communicate !

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Law Enforcement Law Enforcement Oath of HonorOath of Honor

On my honor, I will never betray my badge, On my honor, I will never betray my badge,

my integrity, my character or the my integrity, my character or the

public trust. public trust.

I will always have the courage to hold myselfI will always have the courage to hold myself

and others accountable for our and others accountable for our

actions. actions.

I will always uphold the constitution, my I will always uphold the constitution, my

community and the agency I servecommunity and the agency I serve..

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Learn More About…Learn More About… * Racial Profiling * Data Collection * Racial Profiling * Data Collection * Minority Engagement * Ethics* Minority Engagement * Ethics * Accountability * Liability* Accountability * Liability * Developing Mutual Respect in Policing* Developing Mutual Respect in PolicingContact:Contact: - Your State Police Certification Commission -- Your State Police Certification Commission - * COPS - Community Oriented Policing Service* COPS - Community Oriented Policing Service * NOBLE - Nat’l Organization of Black Law * NOBLE - Nat’l Organization of Black Law Enforcement ExecutivesEnforcement Executives * IACP - International Asso. Chiefs of Police* IACP - International Asso. Chiefs of Police * NTSHA - Nat’l Traffic Safety Highway Admin.* NTSHA - Nat’l Traffic Safety Highway Admin.

United States Department of JusticeUnited States Department of Justice

(202) 305-2935(202) 305-2935

www.usdoj.gov/crswww.usdoj.gov/crs

COMMUNITY RELATIONS COMMUNITY RELATIONS SERVICESERVICE

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Core pointsCore points

Know what ‘racial profiling’ isKnow what ‘racial profiling’ is Understand why allegations of racial Understand why allegations of racial

profiling are on the riseprofiling are on the rise Understand the ‘legal basis’ Understand the ‘legal basis’

(reasonable suspicion and probable (reasonable suspicion and probable cause)cause)

Explain the concept of ‘seeing the Explain the concept of ‘seeing the same picture’ between law same picture’ between law enforcement and the community. enforcement and the community.

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Core points continuedCore points continued

Be able to articulate the difference Be able to articulate the difference between ‘racial profiling and criminal between ‘racial profiling and criminal profiling’profiling’

Explain Markonni’s ‘profile idea’Explain Markonni’s ‘profile idea’ Describe the link between ‘personal values Describe the link between ‘personal values

and group values’and group values’ List three law enforcement views on racial List three law enforcement views on racial

profilingprofiling List three community views on racial List three community views on racial

profilingprofiling

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Core Points continuedCore Points continued

Describe three challenges to data Describe three challenges to data collection in addressing allegations of collection in addressing allegations of racial profilingracial profiling

Discuss the concepts of ‘engaging and Discuss the concepts of ‘engaging and disengaging’ behaviors by law disengaging’ behaviors by law enforcementenforcement

List 3 reasons why avoiding ‘racial List 3 reasons why avoiding ‘racial profiling’ is a positive step for law profiling’ is a positive step for law enforcement enforcement