Professional Police Traffic Stops.

Strategies to Address Racial Profiling 

The phenomenon of targeting "people of color" in traffic enforcement as a pretext to further investigation or search describes the term racial profiling. To professional law enforcement officers and the public, racial profiling is blatantly objectionable and indefensible. Basically, it amounts to the improper practice of selecting potential criminal suspects because of their race or ethnicity.

The law enforcement response to racial profiling, termed professional police traffic stops, can ensure that officers base their behavior on sound legal reason, safety for officers and citizens, and the accepted standards of modern policing. The reason for the stop and any enforcement action of the officer must be legally and morally defensible. The mechanical elements of executing a professional police traffic stops, agencies must adopt a three-dimensional approach. Organizational policy, officer training, and data collection represent the essential ingredients of a comprehensive agency strategy.

Agency Policy

Policy formation is the process of establishing a new direction for agency philosophy or employee conduct. Agencies must develop a well-structured policy concerning professional traffic stops, outlining the conduct of officers and prohibition of discriminatory practices. Managers, supervisors, and the entire workforce must embrace and employ the policy.

Involving the organizational decision makers and managers in the policy development process ensures that the agency leader works from complete, accurate information and assumptions. It also dramatically increases the chance that subordinate supervisors will "buy into" the new agenda. Workshop discussions on the issue of racial profiling will elevate the level of information and institutional knowledge about the problem. Administrators can defuse potential controversy with officers by assuring them that the objective of the agency is the protection of individual right for all citizens.

Establishing policy in a potentially controversial arena, such as a racial profiling, require leadership from the top of the organization. Once an agency has established its direction through a well-structured policy, the agency's leaders must bring the message personally to the employees, as well as the public. "Management by walking around" represents a sound leadership practice and proves crucial when implementing a policy regarding racial profiling. Administrators must demonstrate that they hold personal convictions about the issue and welcome questions on the topic. By taking the message to the public, they provide assurance that their agency will not tolerate any type of racial discrimination.

Officer Training

Integrating discussion about racial profiling into diversity and refresher training proves beneficial. Agencies may not need to create an additional forum for the issue, provided they adequately can infuse it Into an existing program. Nationally, the Police Officer Standards and Training Commission should evaluate the topic for inclusion in current diversity training programs required for all officers. Moreover, the discussion of racial profiling is appropriate for both entry-level and in-service officer training.

The body of knowledge concerning racial profiling is growing rapidly. Reams of information are available on the Internet and many media stories are readily obtainable. While empirical data is lacking, stories and accounts from the public can assist officers in understanding the scope of the problem and the emotions created by racial profiling. Most cases focus on stops to search of contraband in vehicles, but the tentacles of the misconduct reach into every aspect of life for the targeted motorist. Agencies may want to consult local chapters of the National Association for the Advancement of Colored People or the American Civil Liberties Union to obtain accounts and examples for use in training programs.

Raising sensitivity to the issue, as well as reinforcing the agency's position, stands as the objective of the training. Agencies must ensure that a clear message is delivered to all employees--racial profiling is not an acceptable law enforcement practice and will not be tolerated.

Data Collection

Agencies must offer a skeptical public more than rhetoric concerning their stance on the issue. Statistics comparing traffic stop demographics with population demographics can assure the public that an agency does not practice racial profiling. In short, agencies must collect information that shows that they do not stop a disproportionate number of minorities. According to recent proposed federal legislation, [1] traffic stop data collection should include the--

* reason for the stop.

* race, sex, approximate age, and ethnicity of the individual stopped;

* type of search conducted, if any;

* rationale for the search;

* nature of contraband recovered, if any; and

* enforcement action taken during the stop (e.g., ticket issued or warning given).

While traffic citation data can prove useful, critics argue that many stops do not result in the issuance of a citation. Notably, the "questionable stops" that are predicated on no articulatable reason cannot result in enforcement action because they were not the result of a violation occurring. Officers who use profiling tactics typically do not "give paper" to individuals they stop who subsequently turn out not to be criminals. Therefore, agencies may find traffic ticket or other statistical information a good starting point, but may need a more comprehensive data set to provide insight into their use or nonuse of profiles.

To obtain complete data, agencies may need to modify their traffic citation, written warning, or field interview forms. An alternative to these changes may include having officers complete a separate form that captures the desired information. Either way, a snapshot of who officers are stopping is needed. Policy should require officers to document each traffic stop they initiate. By requiring data collection on all stops, agencies obtain a complete data set and an accurate depiction of officer actions. Complete data collection on all stops also minimizes the ability of unethical officers to hide improper conduct.

Many jurisdictions have taken the initiative to begin tracking traffic stop statistics, including San Diego and San Jose, California; Houston, Texas; an many others. Two states, Connecticut and North Carolina, have enacted legislation that will require such record keeping. Recently, the Florida Highway Patrol, like other state police agencies, has implemented collection. Many other states and jurisdictions are considering similar action.

While this trend toward voluntary data collection can result in aggregate statistics demonstrating that an agency's enforcement action is consistent with population demographics, it also can monitor individual Performance. At the officer level, agencies can use this data to ensure that individual officers do not base their enforcement on racial profiles. Using this two-pronged data analysis, agencies can address adequately any issues that arise concerning racial profiling.

Conclusion

Both state and federal lawmakers continue to consider legislation prohibiting racial profiling. This issue concerns every community, and law enforcement must recognize these concerns. Citizen perceptions regarding professional police practices may require agency modification of policy, additional training, and statistical monitoring. While the topic of racial profiling often proves uncomfortable for law enforcement, ensuring that appropriate measures are in place reduces some of the anxiety that accompanies the issue.

Besides a well-structured policy and effective training, reliable data can bolster agency prohibition of such practices and arm law enforcement officials with the facts necessary to assure their communities that they do not employ racial profiling. Voluntary collection of traffic stop data is an attractive route for agencies who may undertake collection on their own, or as part of a broader program among multiple agencies. A systematic and standardized approach is desirable, implemented at the state level where possible. Uniformity allows for a larger data set that will increase reliability and validity in the statistics derived.

The highly visible function of police patrol and traffic enforcement mandates professionalism in traffic stops. By implementing a strategy that addresses racial profiling, agencies move closer to professionalism. Moreover, implementing a program for professional police traffic stops can protect and strengthen the bond of trust between the public and the police.

Major Carrick serves as a Florida Highway Patrol troop commander for northeast Florida.

Endnotes

(1.) Traffic Stop Statistics Act of 1999, U.S. Senate Bill 821, 106th Congress, April 15, 1999.