Identify the important benefits of traffic enforcement

Define discriminatory profiling

Discus the real and perceived problems faced by minorities affected by discriminatory profiling

Identify officer behavior to reduce tension

Demonstrate proper characteristics of a professional traffic stop

Unequal treatment of any person including stopping,

questioning, searching, detention, or arrest solely on primarily on the basis of their racial or ethnic characteristics, religion, gender, sexual orientation or socio-economic status

Voluntary

Need not have reasonable suspicion

Subject free to leave and not answer any questions

May progress into a “Stop”

Must have well founded suspicion not gut feeling or hunch

May involve frisk if warranted

Goal: Find identity or learn circumstances surrounding persons identity

Duration and location

Arrest or Release

Frisk – Scope and Purpose

Persons who officer has a reasonable suspicion are involved in a crime

Factors to be considered: ◦ Time of day ◦ Day of week ◦ Location ◦ Physical appearance of subject ◦ Appearance and manner of operation of vehicle involved ◦ Anything unusual based on the officer’s

experience/training

Presence in a “high crime” area” coupled with unprovoked flight at the presence of law enforcement constitutes reasonable suspicion to justify a police stop

Not a mere refusal to cooperate

High crime area must be backed up by statistics

Arrest

Must be based on probable cause

Does not occur unless person is in actual custody, subdued by an officer, or submits to the officers authority

Berkemer v McCarty - Miranda warnings are not necessary for general, on-the-scene questioning where the person is not under arrest

Popple v State – A bad traffic stop may lead to the suppression of all evidence observed, seized or derived from the stop

Terry v Ohio – If police officer stops a suspect on the street due to a reasonable suspicion the person has committed, is committing, or is about to commit a crime and feels the suspect is a danger to his safety a frisk can be performed to quell the officers anxiety

Wilson v State – Stop and frisk can’t be the officers “Regular Practice”. Officer must be able to verbalize factual basis of threat or fear for his safety

Whren v US – Court held officer’s motives can’t be questioned if probable cause for a stop has presented itself

Traffic stops are an effective way for law enforcement officers to serve and protect.

Effective traffic stops will impact violent crime, illegal drugs, and traffic crashes ◦ Traffic crashes are the leading cause of death for young

people ages 15-24 ◦ Fatal crash occurs every 13 minutes in the US

Visible traffic enforcement has a symbolic effect

Police visibility provides the driving public with a sense of “Police are on the job”

Criminals shy away from areas with active traffic patrol

Car thefts/Car-jacking

Wanted persons and escaped prisoners

DWLS/NVDL-Reduces dangerous drivers

Abused/Kidnapped/Runaway Children

Illegal Weapons

Drunken drivers

Criminals fleeing scenes

Uninsured motorists

More serious crimes (i.e. Ted Bundy)

4th Amendment Reasonable Expectation of Privacy

◦ Everyone within borders is entitled to walk and drive and move throughout public places free of police interference as long as they obey the law

◦ “Right to be left alone” includes innocent citizens protected by criminals . (Traffic stops/FIRS)

◦ Race/Ethnicity is not a basis for focusing suspicion

◦ NOT illegal for an officer to focus attention on a person of a particular race if the officer has specific suspect information

Minority residents frequently feel that they have been singled out by the police for unequal treatment. ◦ Sourcebook of Criminal Justice shows 59.9% of whites in

the U.S. say they have a lot of confidence in the police officers who serve them while only 44.1% of blacks and 53.3% of Hispanics feel the same.

◦ Michigan State poll indicated African American drivers were 2.36 times more likely than whites to be ticketed though they were pulled over at nearly the same rate.

Great Sources reasonable suspicion

Whren v US

Remember!!! – It is legal to use a traffic violation as a pretext to stop someone you suspect of illegal behavior but it is clearly wrong, both legally and ethically, to stop someone of a particular race, ethnicity, sex, or sexual orientation for a traffic violation that you would not stop anyone else for!!!

Must have reasonable suspicion to stop a vehicle and be able to articulate the suspicion:

Must be able to support suspicion a person: ◦ Is committing a crime ◦ Is about to commit a crime ◦ Has committed a crime

Portray Professionalism ◦ Control the look of your face/tone of your voice/body

position/gestures/words

◦ Avoid authoritarian approach to begin with: Try a friendly approach

◦ Allow person to talk to begin the flow of communication-regardless of language

◦ Remember Miranda not always necessary

Eliminate racial jokes/stereotypes at all times! ◦ Law concedes inevitable part of human condition to feel

prejudice

◦ Recognizes it is both legally and morally wrong to act out of such prejudices

Deal with Offender Respectfully

Listen ◦ Resist dictating conversation

◦ Hone listening skills and ensure the offender can tell you are listening

Whether dealing with minorities or white citizens, it’s not the traffic stop; it’s the conduct behind the stop that makes the difference between building a bridge to the community and putting a hole in that bridge!

Citizens will form their opinion of you, your department, and officers in general from that one stop, and broadcast them widely

The final precipitating event in nearly every serious race riot in the US was a traffic stop in a minority neighborhood

Don’t talk down to people or treat them in a demeaning way

Take your time

Show respect

Listen and explain, patiently

THE BEST VERBAL APPROACH TO MINIMIZE CONFLICT

1. Give a greeting

2. Introduce yourself cordially

3. Tell the person a reason for the stop. What you observed.

4. Invite the drive to provide an excuse

5. Politely ask for paperwork

6. Take paper w/non gun hand and thank the driver-ascertain other infractions

7. Excuse yourself-instruct action

8. Document (cite/ww)

9. Consider road, whether, driving record

10. Avoid Attitude Ticket

11. Be cognizant of escalation of danger

12. Explain action taken to driver

13. If necessary advise complaint process and tell your supervisor

14. Allow person to calm down if upset

15. Return documentation

16. Appropriate closing

17. Assist the driver re-entering the roadway

18. Your actions will result in drivers

opinion!!!

"It has been reported that some police officers stop motorists of certain racial or ethnic groups

because the officers believe that these groups are more likely than others to commit certain types

of crimes. Do you believe that this practice, known as racial profiling, "is widespread, or not?" not

All Blacks Whites

Is Widespread 59% 77% 56%

Is NOT Widespread 34% 16% 38%

Don't Know/Refused 7% 7% 6%

All Blacks Whites

Approve 14% 9% 15%

Disapprove 81% 87% 80%

Don't Know/Refused 5% 4% 5%

All Blacks Whites

Yes 11% 42% 6%

No 89% 57% 94%

Don't Know/Refused 0 1% 0

background?"

"Do you Approve or Disapprove of the use of "racial profiling" by police?

"Have you ever felt that you were stopped by the police just because of your race or ethnic