Do traffic cops discriminate?

Legislators are becoming concerned about allegations of racial discrimination in traffic stops. So some states are requiring backup information.

Legislatures in Connecticut and North Carolina have passed laws regarding the alleged police practice of "racial profiling," and at least 10 other states have introduced similar legislation this year.

"No person in this state or this country should ever have to worry about being pulled over by the police because of the color of his skin," says North Carolina Senator Frank Ballance Jr.

Popularly known as "driving while black or brown," racial profiling refers to police officers stopping motorists of color simply because they fit the "profile" of people who carry contraband, drugs or other illegal items. Whether this technique is widespread has been a topic of debate among law enforcement personnel, civil libertarians, minority groups and academicians.

North Carolina's new law mandates collection of information on each traffic stop, including race and gender of the drivers. It also requires documenting whether a search was performed, if consent was given for the search, whether contraband was found, if physical force was used and whether the stop resulted in a ticket or arrest. The information will help determine whether certain racial groups are being unfairly profiled in North Carolina, which contains part of the 1-95 corridor thought to serve as a major route for drug couriers.

Senator Ballance says he fully expects that the data will prove racial profiling does exist.

The Connecticut law is similar, requiring law enforcement agencies to collect information on race, gender, ethnicity and age of the drivers, the nature of the alleged violation, and circumstances surrounding the stops. Municipal police departments and the Department of Public Safety must adopt a written policy that prohibits stopping, detaining or searching a person when the action is motivated by race, gender, ethnicity or sexual orientation. State funds may be withheld from departments not complying with the act. The punitive measure will "ensure that the issue is taken seriously," says Senator Alvin Penn who sponsored the legislation. "We need to confront this issue and move to correct it."

New Jersey is among other states reviewing racial issues in traffic stops. This follows an incident in which a routine traffic stop resulted in state troopers firing 11 shots into a rented van containing three African Americans and one Latino. Three of the unarmed passengers were injured. An investigation by the governor's office discovered that New Jersey state troopers had been instructed by their supervisors to stop certain minorities who were more likely to be involved in drug trade. Officers were told that race should be considered a factor in deciding whom to pull over.

Virginia has created a special legislative panel to begin a study of police agencies and their use of profiling to stop motorists. The legislation initially called for use of cameras in patrol cars to record all stops, but it was decided to look first at the cost of such a move.

An Ohio study and report, funded by the American Civil Liberties Union and written by David Harris of the University of Toledo School of Law, has been a lightning rod for this issue nationally, as well as in that state. Harris analyzed traffic citations in four Ohio metropolitan areas over two years and said that black motorists in those cities were twice as likely as other drivers to be ticketed for traffic offenses. He adds that this analysis may underestimate the racial bias because it looked only at stops that resulted in citations.

Legislation is before Congress, as well, to require study of data from state and local law enforcement agencies with regard to race and traffic stops. The U.S. Department of Transportation continues to investigate whether primary seat belt laws, which allow law enforcement to stop motorists not wearing seat belts, result in a disproportionate number of minority drivers being stopped. And a joint work group of the Justice and Treasury departments is being formed to help develop training guidelines for law enforcement agencies.

Most law enforcement officials oppose data collection requirements. They say statistics are relevant only if they show the number of drivers subjected to unreasonable traffic stops. Groups such as the International Association of Chiefs of Police advocate extensive training and guidelines on racial diversity while maintaining proactive policing that includes aggressive enforcement of traffic laws.

Michael Foote, a law student at the University of Denver, is an intern in NCSL's Criminal Justice Program.