BCCO PCT #4 PowerPointBCCO PCT #4 PowerPoint

AND

Racial ProfilingTCOLE Course # 3256

UNIT ONE

ADMINISTRATIVEADMINISTRATIVE

• Please complete the BCCO PCT #4 Registration form and turn it in now.

• Make sure you sign TCOLE Report of Training (PID#, Full Name and DOB).

• All cell phones off please – pay attention to course materials and show common respect & courtesy.

Your Instructor – Course Facilitator Your Instructor – Course Facilitator and Mentor Trainerand Mentor Trainer

04/19/23 3

Deputy Chief George D. Little

A.S. & B.S. Criminal Justice & SociologyB.S.CJ Wayland Baptist University, San Antonio

M.S. Criminology & Counter-Terrorism University of the State of New York(P)

2012 T.C.O.L.E. Professional Achievement AwardCertified Crime Prevention Specialist (C.C.P.S.)

TCOLE Basic Instructor Certificate 1984TCOLE Advanced Instructor 2012TCOLE Master Peace Officer 1991

MP Special Operations Operator Counter-Terrorism 1988Military Police Investigations (MPI) & Criminal Investigation Division

(CID) Special AgentGraduate Drug Enforcement Administration Academy 1977

43- years Law Enforcement Experience 43- years Law Enforcement Experience 39-Years Teaching & Instructor Experience39-Years Teaching & Instructor Experience

DISCLAIMERDISCLAIMERDue to the dynamic nature of law enforcement and the impact of court decisions and statutory changes on police it is important that each agency review this information to verify that it is consistent with current federal, state and local law and regulations, and with agency policy & procedure and/or SOP. This information is not

to substitute for the advice of legal counsel. You should speak with your legal advisor about the sufficiency of your agency’s manual, policy, curriculum, and training program. This material should not be used as the sole basis for compliance with any law or regulation, and agencies should not rely on this material as a legal defense in any civil or criminal

action. TCOLE has compiled and distributed this information as a guide for the individual agency, and the Bexar County Constable’s Office PCT#4 is not responsible for the content and delivery of this material by other law enforcement agencies.

“ “To stop and search an To stop and search an individual simply because of his individual simply because of his race, gender, or economic level race, gender, or economic level

is unlawful as well as is unlawful as well as unconstitutional, and should not unconstitutional, and should not

be tolerated in any law be tolerated in any law enforcement agency.”enforcement agency.”

Bexar County Constable’s Office PCT#4 Standing Operating Procedure

COURSE/LESSON COURSE/LESSON OVERVIEWOVERVIEW

Participants will be able to identify profiling and the negative perceptions, and legal aspects of racial profiling.

Learning ObjectivesLearning Objectives

Learning Objective 1.0Learning Objective 1.0: The participant will be able to understand profiling and explain the background and negative impact of racial profiling in law enforcement profession.

Learning Objective 1.1 Learning Objective 1.1 :The participant will be able to identify the legal aspects of racial profiling

Learning Objective 1.2 Learning Objective 1.2 :The participant will be able to identify the legislative requirements placed upon peace officers and law enforcement agencies regarding racial profiling.

Learning Objective 1.2.1 Learning Objective 1.2.1 :The participant will able to identify and explain legislative requirements placed upon Peace Officers and their agencies regarding racial profiling.

Where did it all Where did it all begin? begin?

A. In its broadest sense, racial profiling by law enforcement officers is the practice of some officers to stop, search, and investigate minoritiesminorities, both on the street and while traveling in vehicles, based solely on their racialracial or ethnicethnic background, rather than on their actions.

1.0 Background on Racial 1.0 Background on Racial ProfilingProfiling

B. Racial profiling is any police street or traffic stop, based solelysolely on racial or ethnic stereotypes that has the end result of treating minorities significantly differently than non-minority citizens. This volatile issue can effectively polarize police agencies and the polarize police agencies and the communities they servecommunities they serve.

C. The majority of complaints alleging racial profiling follow vehicle stops by police.

 

1.1 Legal Aspects of Racial 1.1 Legal Aspects of Racial ProfilingProfiling

Racial Profiling Requirements

Racial Profiling CCP 3.05

Racial Profiling CCP 2.131

Prohibited

CCP 3.05CCP 3.05RACIAL PROFILING. In this code, "racial profiling" means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity.

CCP 2.131CCP 2.131RACIAL PROFILING PROHIBITED. A peace officer maymay notnot engage in racial profiling.

Law Enforcement Policy CCP 2.132

On racial profiling

Reports required for CCP 2.133

Traffic & Pedestrian stops

Liability CCP 2.136

Racial Profiling education EC 96.641

For Police Chiefs

CCP 2.132CCP 2.132Law Enforcement Policy on Racial Profiling. 

(a) In this article:

(1) "Law enforcement agency" means an agencyagency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops

in the routine performance of the officers' official duties.

(2) "Race or ethnicity" means of a particular descentdescent, including Caucasian, African, Hispanic, Asian, or Native American descent.

CCP 2.132CCP 2.132

(b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must:

(1) clearly define actsacts constituting racial profiling;

(2) strictly prohibit peace officers employed by the agency from engagingengaging in racial profiling;

CCP 2.132CCP 2.132

(3) implement a process by which an individual may file a complaintcomplaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual;

(4) provide public educationeducation relating to the agency's complaint process;

CCP 2.132CCP 2.132

(5) require appropriate corrective corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article;

CCP 2.132CCP 2.132

(6) require collection of information relating to traffic stopsstops in which a citation is issued and to arrests resulting from those traffic stops, including information relating to:

(A) the race or ethnicity of the individual detaineddetained; and

(B) whether a search was conducted and, if so, whether the person detained consentedconsented to the search; &

CCP 2.132CCP 2.132

(7) require the agency to submit to the governing body of each county or municipality served by the agency an annual report report of the information collected under Subdivision (6) if the agency is an agency of a county, municipality, or other political subdivision of the state.

CCP 2.132CCP 2.132

(c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling.

(d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing videovideo camera and transmitter-activated equipment in each agency law enforcement

CCP 2.132CCP 2.132

vehicle regularly used to make traffic stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make traffic stops. If a law enforcement agency installs video or audio equipment as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video

CCP 2.132CCP 2.132

and audio documentation.

(e) A report required under Subsection (b)(7) may notnot include identifying information about a peace officer who makes a traffic stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6).

CCP 2.132CCP 2.132

(f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made, the agency shall promptly provide a copycopy of the recording to the peace officer who is the subject of the complaint on written request by the officer. CCP 2.132CCP 2.132

CCP 2.133CCP 2.133(a) In this article, “race or ethnicity” has the meaning assigned by Article 2.132(a).

(b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall reportreport to the law enforcement agency that employs the officer information relating to the stop,

including:

(1) a physical descriptiondescription of any person operating the motor vehicle who is detained as a result of the stop, including:

(A) the person’s gendergender; and

(B) the person’s racerace or ethnicity, as stated by the person or, if the person does not state the person’s race or

CCP 2.133CCP 2.133

including:

ethnicity, as determined by the officer to the best of the officer’s ability;

(2) the initial reasonreason for the stop;

(3) whether the officer conducted a searchsearch as a result of the stop and, if so, whether the person detained consented to the search;

CCP 2.133CCP 2.133

including:

(4) whether any contraband or other evidence was discovered in the course of the searchsearch and a description of the contraband or evidence;

(5) the reason for the searchsearch, including whether:

(A) any contraband or other evidence was in plain viewview;

CCP 2.133CCP 2.133

including:

(5)(B) any probableprobable cause or reasonable suspicion existed to perform the search; or

(C) the search was performed as a result of the towing of the motor vehicle or the arrest arrest of any person in the motor vehicle;

CCP 2.133CCP 2.133

including:

(6) whether the officerofficer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged;

CCP 2.133CCP 2.133

including:

(7) the street address or approximate locationlocation of the stop; and

(8) whether the officer issued a written warningwarning or a citation as a result of the stop.

CCP 2.133CCP 2.133

CCP 2.136CCP 2.136

LIABILITYLIABILITY. A peace officer is notnot liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132.

EC 96.641EC 96.641(a) The Bill Blackwood Law Enforcement Management Institute of Texas shall establish and offer a program of initial training and a initial training and a program of continuing education program of continuing education for police chiefsfor police chiefs. The curriculum for each program must relate to law enforcement management issues.

The institute shall develop the curriculum for the programs. The curriculum must be approved by the Texas Commission On Law Enforcement.

(b) Each police chief must receive at least 4040 hours of continuing education provided by the institute under this section each 24-month period. The Texas Commission On

EC 296.641EC 296.641

Law Enforcement by rule shall establish a uniform 24-month continuing education training period.

(c) An individual appointed or elected to that individual's first position as chief must receive not fewer than 80 hours of initial training for new chiefs in accordance with Subsections (d) and (e).

EC 296.641EC 296.641

(d) A newly appointed or elected police chief shall complete the initialtraining program for new chiefs not later than the second anniversary of that individual's appointment or election as chief. The initial training program for new chiefs is in addition to the initial training and continuing education required by Chapter 1701, Occupations Code. The Texas

EC 296.641EC 296.641

Commission on Law Enforcement by rule shall establish that the firstcontinuing education training period for an individual under Subsection (b) begins on the first day of the first uniform continuing education training period that follows the date the individual completed the initial training program.

EC 296.641EC 296.641

(e) The institute by rule may provide for the waiver of:

(1) the requirement of all or part of the 80 hours of initial training for new chiefs to the extent the new chief has satisfactorily completed equivalent training in the 24 months preceding the individual's appointment or election;

EC 296.641EC 296.641

(2) the continuing education requirements of Subsection (b) for an individual who has satisfactorily completed equivalent continuing education in the preceding 24 months.

(f) An individual who is subject to the continuing education requirements of Subsection (b) is exempt from other continuing education requirements under Subchapter H, Chapter 1701, Occupations Code

EC 296.641EC 296.641

(g) In this section, "police chief" or "chief" means the head of a police department.

(h) The chief of a municipal police department must be licensed as a peace officer by the commission no later than one year after the date that the chief is appointed to the position of police chief. The commission shall establish requirements for licensing

EC 296.641EC 296.641

and for revocation, suspension, cancellation, or denial of peace officer license for a police chief.

(i) A police chief who does not comply with this section cannot continue to be the chief.

(j) As part of the initial training and continuing education for police chiefs required under this section, the institute shall establish a program on

EC 296.641EC 296.641

(j)-Cont’d: asset forfeiture under Chapter 59, Code of Criminal Procedure. The program must include an examination of the best practices for educating peace officers about asset forfeiture and monitoring peace officers' compliance with laws relating to asset forfeiture.

(k) As part of the initial training and continuing education for police chiefs

EC 296.641EC 296.641

(k)-Cont’d: required under this section, the institute shall establish a program on racial profiling. The program must include an examination of the best practices for:

(1) monitoring peace officers' compliance with laws and internal agency policies relating to racial profiling;

(2) implementing laws and internal

EC 296.641EC 296.641

(k)(2)-Cont’d: agency policies relating to preventing racial profiling; and

(3) analyzing and reporting collected information.

(l) As part of the initial training and continuing education for police chiefs required under this section, the institute shall establish a program on de-escalation and crisis intervention techniques to facilitate interaction

EC 296.641EC 296.641

(l)-Cont’d: persons with mental impairments. The program must include an examination of the best practices for:

(1) monitoring peace officers' compliance with internal agency policies relating to de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments; and

EC 296.641EC 296.641

(l)(2)-Cont’d: implementing internal agency policies relating to those techniques.

(m) A police chief may not satisfy the requirements of Subsection (l) by taking an online course on de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments.

EC 296.641EC 296.641

TAKE A 10-MINUTE BREAK

Training program OC 1701.253

Training required for OC 1701.402

Intermediate Certificate

Definition of “Race or TC 543-202

Ethnicity for form

OC 1701.253OC 1701.253(a) The commission shall establish minimum curriculumcurriculum requirements for preparatory and advanced courses and programs for schools subject to approval under Section 1701.251(c)(1).

(b) In establishing requirements under this section, the commission shall require courses and programs to provide training in:

(1) the investigation and documentation of cases that involve:

(A) child abuse or neglect;

(B) family violence; and

(C) sexual assault;

OC 1701.253OC 1701.253

(b) (2) issues concerning sex offender characteristics; and

(3) crime victims’ rights under Chapter 56, Code of Criminal Procedure, and Chapter 57, Family Code, and the duty of law enforcement agencies to ensure that a victim is afforded those rights.

OC 1701.253OC 1701.253

(c) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on civil rights, racial sensitivity, and cultural diversity for persons licensed under this chapter.

OC 1701.253OC 1701.253

(d) Training in documentation of cases required by Subsection (b) shall include instruction in:

(1) making a written account of the extent of injuries sustained by the victim of an alleged offense;

(2) recording by photograph or videotape the area in which an alleged offense occurred and the victim’s injuries;

OC 1701.253OC 1701.253

(d) (3) recognizing and recording a victim’s statement that may be admissible as evidence in a proceeding concerning the matter about which the statement was made.

(e) As part of the minimum curriculum requirements relating to the vehicle and traffic laws of this state, the commission shall require an education and training program on laws

OC 1701.253OC 1701.253

(e) Relating to the operation of motorcycles and to the wearing of protective headgear by motorcycle operators and passengers. In addition, the commission shall require education and training on motorcycle operator profiling awareness and sensitivity training.

OC 1701.253OC 1701.253

(f) Training for officers and recruits in investigation of cases required by Subsection (b)(1)(B) shall include instruction in preventing dual arrest whenever possible and conducting a thorough investigation to determine which person is the predominant aggressor when allegations of family violence from two or more opposing persons are received arising from the same incident. OC 1701.253OC 1701.253

(g) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on asset forfeiture under Chapter 59, Code of Criminal Procedure, for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of

OC 1701.253OC 1701.253

(g) the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier.

(h) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on racial profiling for officers licensed

OC 1701.253OC 1701.253

(h) under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier.

(i) As part of the minimum curriculum requirements, the commission shall

OC 1701.253OC 1701.253

(i) establish a statewide comprehensive education and training program on identity theft under Section 32.51, Penal Code, for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer

OC 1701.253OC 1701.253

(i) applies for an intermediate proficiency certificate, whichever date is earlier.

(j) As part of the minimum curriculum requirements, the commission shall require an officer to complete a statewide education and training program on de-escalation and crisis intervention techniques to facilitate interaction with persons with

OC 1701.253OC 1701.253

(j) impairments. An officer shall complete the program not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. An officer may not satisfy the requirements of this section or Section 1701.402(g) by taking an online course on

OC 1701.253OC 1701.253

(j) -escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments.

(k) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program for officers licensed under this chapter that covers the laws of this state and of the United States pertaining to peace officers.

OC 1701.253OC 1701.253

OC 1701.402OC 1701.402

PROFICIENCY CERTIFICATESPROFICIENCY CERTIFICATES. (a) The commission shall issue certificates that recognize proficiency based on law enforcement training, education, and experience. For this purpose the commission shall use the employment records of the employing agency.

has successfully completed all the requirements of the 4-hour RACIAL PROFILING has successfully completed all the requirements of the 4-hour RACIAL PROFILING Course Texas Commission On Law Enforcement (TCOLE) Course # 3256 at theCourse Texas Commission On Law Enforcement (TCOLE) Course # 3256 at the

Bexar County Constable Office, PCT #4 Training Division on this 4Bexar County Constable Office, PCT #4 Training Division on this 4 thth day of October 2014 day of October 2014

__________________________Robert M. BlountRobert M. BlountConstable, PCT #4Constable, PCT #4

__________________________George D. Little, C.C.P.S., Deputy ChiefGeorge D. Little, C.C.P.S., Deputy ChiefINTEL – Homeland Security & TrainingINTEL – Homeland Security & Training

The instructor staff of the Bexar County Constable’s Office PCT #4 Training Division The instructor staff of the Bexar County Constable’s Office PCT #4 Training Division Concurs, confirms and hereby certifies that: Concurs, confirms and hereby certifies that:

Deputy Constable John Q. OFFICER Deputy Constable John Q. OFFICER

(b) As a requirement for a basic proficiency certificate, the commission shall require completion of local courses or programs of instruction on federal and state statutes that relate to employment issues affecting peace officers and county jailers, including:

(1)civil service;

(2) compensation, including overtime compensation, and vacation time;

OC 1701.402OC 1701.402

(b) (3) personnel files and other employee records;

(4) management-employee relations in law enforcement organizations;

(5) work-related injuries;

(6) complaints and investigations of employee misconduct; and

(7) disciplinary actions and the appeal of disciplinary actions.

OC 1701.402OC 1701.402

(c) An employing agency is responsible for providing the training required by this section.

(d) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on asset forfeiture established by the commission under Section 1701.253(g).

OC 1701.402OC 1701.402

(e) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on racialracial profilingprofiling established by the commission under Section 1701.253(h).

(f) As a requirement for an intermediate proficiency certificate, an officer must complete an education

OC 1701.402OC 1701.402

(f) and training program on identity theft established by the commission under Section 1701.253(i).

(g) As a requirement for an intermediate proficiency certificate or an advanced proficiency certificate, an officer must complete the education and training program described by Section 1701.253 regarding de-escalation and crisis intervention

OC 1701.402OC 1701.402

(g) techniques to facilitate interaction with persons with mental impairments.

OC 1701.402OC 1701.402

TC 543-202TC 543-202FORM OF RECORDFORM OF RECORD. (a) In this section, "race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent.

(b) The record must be made on a form or by a data processing method acceptable to the department and

(b) must include:

(1) the name, address, physical description, including race or ethnicity, date of birth, and driver's license number of the person charged;

(2) the registration number of the vehicle involved;

(3) whether the vehicle was a commercial motor vehicle as defined

(3) by Chapter 522 or was involved in transporting hazardous materials;

(4) the person's social security number, if the person was operating a commercial motor vehicle or was the holder of a commercial driver's license or commercial driver learner's permit;

(5) the date and nature of the offense, including whether the offense was a serious traffic violation as defined by

(5) Chapter 522;

(6) whether a search of the vehicle was conducted and whether consent for the search was obtained;

(7) the plea, the judgment, whether the individual was adjudicated under Article 45.0511, Code of Criminal Procedure, and whether bail was forfeited;

(8) the date of conviction; and

(9) the amount of the fine or forfeiture.

A. Written agency policies or SOP

1. Definition of what constitutes racial profiling

2. ProhibitionProhibition of racial profiling

3. ComplaintComplaint process

4. Public educationeducation

1.2: Legislative Requirements for 1.2: Legislative Requirements for Peace Officers & Agencies for Peace Officers & Agencies for

Racial ProfilingRacial Profiling

A. Written departmental policies/SOP

5. CorrectiveCorrective action

6. Collection of traffic-stop statisticsstatistics

7. Annual reportsreports

B. Not prima facie evidence

C. Feasibility of use of videovideo equipment

D. Data does not identifyidentify officer

E. Copy of complaint-related videovideo evidence to officer in question

F. Vehicle stop report1. Physical description of

detainees: gendergender, race or ethnicity

2. Alleged violationviolation3. ConsentConsent to search

4. ContrabandContraband 5. Facts supporting probableprobable

cause

F. Vehicle stop report6. Arrest

7. Warning or citation issued

G. Compilation and analysis of data

H. Exemption from reporting – audio/video equipment (None in Texas)(None in Texas)

I. Officer non-liability

J. Funding

CCP 2.136CCP 2.136

K. Required training in racial profiling

1. Police chiefs

2. All holders of intermediate certificates and/or two-year-old licenses as of 09/01/2001 (training to be completed no later than 09/01/2003) – see legislation 77R-SB1074

L. Public education

M. Corrective action

N. Collection of traffic-stop statistics

O. Annual reports

1.3 Supreme Court & Other Court 1.3 Supreme Court & Other Court decisions Traffic Stopsdecisions Traffic Stops

A. Whren v. United Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769 (1996)

1. Motor vehicle search exemptionexemption2. Traffic violation acceptable as pretextpretext for further investigation

A. Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769 (1996)

3. Selective enforcement can be challenged

B. Terry v. OhioTerry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968)

1. Stop & FriskFrisk doctrine

2. Stopping and briefly detainingdetaining a person

B. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968)

3. FriskFrisk and pat down

C. Other cases

1. Pennsylvania v. MimmsPennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330 (1977)

2. Maryland v. WilsonMaryland v. Wilson, 117 S.Ct. 882 (1997)

Terry v. Ohio, 392 U.S. 1, 88 Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968) S.Ct. 1868 (1968)

1. Terry v. Ohio Terry v. Ohio was a landmark was a landmark Supreme Court case Supreme Court case that established the Stop & Frisk doctrine, and outlined the Supreme Court’s guidelines for investigative stops.

Terry v. Ohio   

2. The Court held that police may, in certain circumstances, approach and stop a person for the purpose of investigatinginvestigating possible criminal behavior, even when there is not enough probable cause to make an arrest.

3. Under Terry, a police officer may stop and briefly detain a person only if the officer has a reasonable suspicion, supported by articulable facts, that the individual may be involved in criminal activity.

4. The Court also held that under certain circumstances, the person stopped could also be “friskedfrisked,” in that the police could conduct a limitedlimited search, or “pat down”, of the individual’s outerouter clothing to discover the presence of any weapons.

C. Other cases

3. Graham v. State, 119 MdApp 444, 705 A.2d 82

(1998)

4. Pryor v. State, 122 Md.App. 671 (1997) cert. denied

352 Md. 312, 721 A.2d 990 (1998)

5. Ferris v. State, 355 Md. 356, 735 A.2d 491 (1999)

Graham v. State, 119 Graham v. State, 119 MdApp 444, 705 A.2d 82 MdApp 444, 705 A.2d 82

(1998) (1998) Passenger is “seized” for purposes of the 4th Amendment when he is ordered to remainremain in a car stopped for speeding while officer checks the driver’s license and registration. Continued detention of passenger after purpose of stop is accomplished is unreasonable,

unless there is reasonable, articulable suspicion to justify continuing the detentiondetention. (driver’s license proved invalid, driver was arrested, yet passenger ordered to remain in the car after driver’s arrest to wait 25 minute for a K-9 unit).

Pryor v. State, 122 Md.App. Pryor v. State, 122 Md.App. 671 (1997), cert. denied 671 (1997), cert. denied

352 Md. 312, 721 A.2d 990 352 Md. 312, 721 A.2d 990 (1998) (1998)

The 4th Amendment permits the warrantlesswarrantless search of an automobile when there is probable cause to believe that the automobile contains contraband or evidence of criminal activity.. Note: there is no separate “exigency requirement” for the

automobile exception to apply; probable cause alone satisfies the automobile exception to the 4th Amendment’s warrant requirement. Maryland v. Dyson, 527 U.S. 465, 119 S.Ct. 2013 (1999)(per curiam).

Ferris v. State, 355 Md. Ferris v. State, 355 Md. 356, 735 A.2d 491 (1999) 356, 735 A.2d 491 (1999)

The officer’s purpose in an ordinary traffic stop is to enforceenforce the laws of the roadway, and ordinarily to investigate the manner of driving with the intent to issue a citation or warning. Once the initial purpose of that stop has been fulfilled, the continued detention of the car and

the occupants amounts to a second detention. Once the underlying basis for the initial traffic stop has concluded, a police-driver encounter which implicates the 4th Amendment is constitutionally permissible only if (1) the driver consentsconsents to the continuing intrusion; or (2) the officer has, at a minimum, a reasonable, articulable suspicionsuspicion that criminal activity is

afoot. Ferris v. State, 355 Md. 356, 735 A.2d 491 (1999). For example:

Officer stopped driver stopped for suspected violations of motor vehicle laws, and continued to briefly detain him after learning that the license and registration were in order. Court found that officer harbored no more than a “hunchhunch” that the driver possessed drugs

and that the continued detention was not independently supported by reasonable suspicion of criminal activity. Therefore, drugs Therefore, drugs subsequently found in the subsequently found in the vehicle were suppressedvehicle were suppressed. Munafo v. State, 105 Md.App. 662, 660 A.2d 1068 (1995).

Trooper issued driver a traffic citation, returned driver’s license and registration documents, and then asked driver if he would mind exiting his vehicle and stepping to the rear to answer a few questions. After several questions, driver admitted to smoking and possessing pot. Pot was Pot was suppressedsuppressed because court found

trooper had insufficient reason to had insufficient reason to justify continuing the encounter justify continuing the encounter after issuing citationafter issuing citation. Ferris v. State, 355 Md. 356, 735 A.2d 491 (1999).

C. Other cases

6. New York v. Belton, 453 U.S. 454 (1981)

Allowed that police may conduct a full search of a vehicle’s passenger compartment incidental to a custodial arrest of an occupant. A full search would not, however, be permitted in those situations where the officer merely issued a citation.

SUMMARYSUMMARY

• What did you learn?What did you learn?

• How will you apply what you’ve How will you apply what you’ve learned?learned?

• DEFINE & PROCESS UNIT ONEDEFINE & PROCESS UNIT ONE

DEFINE & PROCESSDEFINE & PROCESS

Process:Process:

Define:Define: Explain the background and negative impact of racial profiling in law enforcement profession

SOURCESSOURCES

All Course Sources and/or

Resources are listed in

your Participant Handout

RACIAL PROFILING RACIAL PROFILING

Bexar County Constable Office PCT #4

TCOLE # 3256TCOLE # 3256

Questions?

““Knowledge isKnowledge is““POWERPOWER” Stay ” Stay informed, stay informed, stay

SAFE, stay SAFE, stay Vigilant & stay Vigilant & stay

Alive” Alive”

TAKE A 15-MINUTE BREAK