BPOC Racial Profiling Ch.6

Racial Profiling

In this code "Racial Profiling" refers to a peace officer initiating contact with an individual based on race, ethnicity or national origin rather than on the individual's behavior or criminal activity.

(CCP 3.05)

Racial Profiling Prohibited

A peace officer may not engage in racial profiling.

(CCP 2.131)

Law enforcement police on racial profiling

(CCP 3.132)

Reports required for traffic and pedestrian stop

(CCP 2.133)

Liability

A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a police under Article 2.132.

(CCP 2.136)

Racial Profiling education for police chiefs

(Education code 96.641)

Training program

(Occupations code 1701.253)

Training required for intermediate certificate

(Occupations code 1701.402)

Definition of "race or ethnicity" for form

(Transportation code 543.202)

Written departmental policies

Definition of what constitutes racial profiling

Prohibition of racial profiling

Complaint process

Public education

Corrective action

Collection of traffic stop statistics

Annual reports

Whren v. United States

Any traffic offense committed by a driver is a legitimate legal basis for a traffic stop

Terry v. Ohio

Police can search and seize with probable cause.

Stop and frisk doctrine

Frisk and pat down

Stopping and briefly detaining a person

Pennsylvania v. Mimms

Supreme court decision that a police officer ordering a person out of a car following a traffic stop and conducting a pat down to check for weapons does not violate the 4th amendment.

Maryland v. Wilson

It is reasonable for officers to order passengers in a lawfully stopped automobile to exist the vehicle.

Racial Profiling requirements

Not prima facie evidence

Feasibility of use of video equipment

Copy of complaint related video evidence to officer in question

Data does not identify officer

Copy of complaint related video evidence to officer in question

Compilation and analysis of date

Exception from reporting - audio/video equipment

Officer non liability

Funding

Vehicle stop report

Physical description of detainees; gender, race, or ethnicity

Alleged violation

Consent to search

Contraband

Facts supporting probable cause

Arrest

Warning or citation issued

Required training in racial profiling

Police chiefs

All holders of intermediate certificates and or two year old licenses

Graham v. State

Passenger is considered seized when ordered to remain in the car, but contained dentition unreasonable unless reasonable articulable suspicion exists to justify continued detention (1998)

Pryor v. State

• In this case, the Maryland Court of Special Appeals ruled that a motorist's Fourth Amendment rights are violated if they are detained for longer than necessary to issue a traffic citation.

• The court found that the appellant and his passengers were detained for 20–25 minutes before a K-9 arrived.

• The court concluded that the detention violated the appellant's Fourth Amendment rights

Ferris v. State

Fourth amendment does not allow occupants of a vehicle to be detained for an extended period of time

Fourth amendment prohibits a detention in excess of the period of time: to investigate drivers sobriety and license status, establish that the vehicle has not been reported 1998

New York v. Belton

Why is racial profiling a self fulfilling bad logic?

If you believe that minorities committed more crimes, than you might look for more minority criminals, and find them in disproportionate members

Whren v United States

1996

Terry V Ohio

1968

Pennsylvania v Mimms

1997

Maryland V Wilson

1997

Grahm V state

Pryor V state

1998

Farris V State

1999

New York V Boston

1981