Understanding Bias-Based Traffic law Enforcement

Education and training are two of the most important aspects of reducing bias-based traffic law enforcement. However, education and training alone will not heal the troubles of police racial bias. The chief executive must work to develop good policies, policy enforcement, personnel selection, supervision, community relations, and accountability.

Programs aimed at reducing the prospect of biased traffic law enforcement should not be accusatory. Rather, they need to foster positive relationships between management, officers, and the community, which in turn, create departmental honor and public trust.

Listed below are a few government leaders, agencies and foundations with policies or programs that address bias-based traffic law enforcement. Although this list includes a small number of institutions, most web sites have links that lead to more programs.

Racial Profiling in the United States
In his Address to the Joint Session of Congress in 2001, President George W. Bush declared, “Too many of our citizens have cause to doubt our nation’s justice, when the law points a finger of suspicion at groups, instead of individuals. All our citizens are created equal and must be treated equal. It’s wrong and we will end it in America.” ³

Memorandum for the Attorney General on Racial Profiling
“I hereby direct you to review the use by Federal law enforcement authorities of race as a factor in conducting stops, searches, and other investigative procedures. In particular, I ask that you work with the Congress to develop methods or mechanisms to collect any relevant data from Federal law enforcement agencies and work in cooperation with State and local law enforcement in order to assess the extent and nature of any such practices.

I further direct that you report back to me with your findings and recommendations for the improvement of the just and equal administration of our Nation’s laws.”

Wyoming Governor Jim Geringer, July 13, 2001
“Wyoming does not and will not engage in racial profiling. Traffic stops will not be made that violate fundamental civil and constitutional rights or our law enforcement mission and value statements. This resolution clearly states our objection to and commitment against racial profiling in Wyoming.” www.state.wy.us

Bias-Free Policing
2001 Civil Rights Committee
Every police agency should have a policy, which clearly prohibits bias policing. The International Association of Chiefs of Police reaffirms its long-standing position against biased enforcement or any other type of discriminatory practices. www.theiacp.org

Condemnation of Bias-Based Policing
2001 Narcotics and Dangerous Drugs Committee
Traffic stops should not be made on the basis of the motorist’s race, ethnicity, or economic status, but rather on articulable suspicion or actual violation of a law. www.theiacp.org

Washtenaw County (Michigan) A resolution supporting the development and implementation of policies, guidelines, and training to ensure fair and unbiased police practices
www.profilesininjustice.com/laws_art10.html

AELE (Americans for Effective Law Enforcement) Specimen Policy on Citizen Stops
A “Specimen Directive,” written by AELE, which prohibits discriminatory stops, searches and enforcement action
www.aele.org/traffic.html

Florida Traffic Stops Policy
Sample Professional Traffic Stops Policy and Procedure, adopted by the Florida Police Chiefs Association
www.aele.org/flapol.html

Illinois Policy
Illinois Association of Chiefs of Police Model Policy on Bias-Based Policing
www.aele.org/ilpol.html

Missouri Policy
Missouri Police Chiefs Association’s policy to limit law enforcement authority for the enforcement of laws, statutes, ordinances and arrests
www.aele.org/mopol.html

Mount Prospect, Illinois Police Department
A policy to prohibit a stop, detention or search of a person when motivated by
race, color, ethnicity, age, gender or sexual orientation.
www.aele.org/mppol.html

Police Executive Research Forum (PERF) Model Policy
PERF’s report, “Racially Biased Policing: A Principled Response,” contains a model policy in Chapter 4
www.policeforum.org/racial.html

Schaumburg, Illinois Police Department
A policy to prohibit racial profiling and any other discriminatory practice www.aele.org/schpol.html

Traffic Stops Statistics Study Act of 2000 The 2nd Session of the 106th Congress authorized the Attorney General to conduct a nationwide study of stops for traffic
violations by law enforcement officers www.aele.org

Publications on Bias-Based Traffic Law Enforcement/Racial Profiling and Data Collection

A Resource Guide on Racial Profiling Data Collection Systems: Promising Practices and Lessons Learned, by Deborah Ramirez, Jack McDevitt, and Amy Ferrell, U.S. Department of Justice, Bureau of Justice Assistance, NCJ 184768.

A comprehensive collection of information, analyses, and insights on the issue of data collection. This monograph surveys the most promising practices from around the nation and makes recommendations for police agencies considering introducing data collection programs. This monograph, NCJ 184768, can be obtained from the National Criminal Justice Reference Service at 1-800-851-3420 or www.ncjrs.org

Driving While Black: Racial Profiling on our Nation’s Highways,
(June 1, 1999)
This report, by the American Civil Liberties Union, highlights the problem of racial profiling and looks for ways to improve the picture. www.aclu.org

Examples of Promising Police Practices and Policies
by the Department of Justice. Principle for Promoting Police Integrity (January 2001). www.ojp.usdoj.gov

State and Local Law Enforcement Discipline, Accountability, and Due Process Act of 2000.
A contention that there is a significant lack of due process rights for the officer. Prepared by Major Cities Chiefs and Police Executive Research Forum. www.policeforum.org

American Civil Liberties Union: Arrest the Racism
The ACLU has undertaken a major initiative to put an end to discriminatory police stops, including the launch of the Arrest the Racism Campaign. www.aclu.org

A NOBLE Perspective: Racial Profiling – A Symptom of Biased Based Policing
National Organization of Black Law Enforcement Executives, May 2001. This report is a primer on the subject, and can be used as part of a training program for law enforcement. www.noblenatl.org

Community - Centered Policing: A Force for Change
A Report by Policy Link, Maya Harris West, Principal Author. This report demonstrates how policing represents a true partnership between police departments and the communities they serve has succeeded in large and small cities all over the nation. www.policylink.org/democracy/police_ accountability.html

Resources Continues

3. Address of the President to the Joint Session of Congress, George W. Bush, United States President, February 27, 2001.

		RESOURCES

Acknowledgments Introduction Self-Assessment Definition Traffic Enforcement Community Outreach Data Collection Resources Legislation and Case Law Conclusion		Policies on Bias-Based Policing Education and training are two of the most important aspects of reducing bias-based traffic law enforcement. However, education and training alone will not heal the troubles of police racial bias. The chief executive must work to develop good policies, policy enforcement, personnel selection, supervision, community relations, and accountability. Programs aimed at reducing the prospect of biased traffic law enforcement should not be accusatory. Rather, they need to foster positive relationships between management, officers, and the community, which in turn, create departmental honor and public trust. Listed below are a few government leaders, agencies and foundations with policies or programs that address bias-based traffic law enforcement. Although this list includes a small number of institutions, most web sites have links that lead to more programs. Racial Profiling in the United States In his Address to the Joint Session of Congress in 2001, President George W. Bush declared, “Too many of our citizens have cause to doubt our nation’s justice, when the law points a finger of suspicion at groups, instead of individuals. All our citizens are created equal and must be treated equal. It’s wrong and we will end it in America.” ³ Memorandum for the Attorney General on Racial Profiling “I hereby direct you to review the use by Federal law enforcement authorities of race as a factor in conducting stops, searches, and other investigative procedures. In particular, I ask that you work with the Congress to develop methods or mechanisms to collect any relevant data from Federal law enforcement agencies and work in cooperation with State and local law enforcement in order to assess the extent and nature of any such practices. I further direct that you report back to me with your findings and recommendations for the improvement of the just and equal administration of our Nation’s laws.” George W. Bush, February 27, 2001, White House news release http://www.whitehouse.gov Wyoming Governor Jim Geringer, July 13, 2001 “Wyoming does not and will not engage in racial profiling. Traffic stops will not be made that violate fundamental civil and constitutional rights or our law enforcement mission and value statements. This resolution clearly states our objection to and commitment against racial profiling in Wyoming.” www.state.wy.us Bias-Free Policing 2001 Civil Rights Committee Every police agency should have a policy, which clearly prohibits bias policing. The International Association of Chiefs of Police reaffirms its long-standing position against biased enforcement or any other type of discriminatory practices. www.theiacp.org Condemnation of Bias-Based Policing 2001 Narcotics and Dangerous Drugs Committee Traffic stops should not be made on the basis of the motorist’s race, ethnicity, or economic status, but rather on articulable suspicion or actual violation of a law. www.theiacp.org Policies or Organizational Statements on Racial Profiling Arlington County (VA) Police Department Profiling Policy www.profilesininjustice.com/laws_art11.html American Bar Association Resolution on Profiling www.profilesininjustice.com/laws_art12.html Florida Highway Patrol Policies on Profiling www.profilesininjustice.com/laws_art06.html International Association of Chiefs of Police Resolution condemning race and ethnic profiling traffic stops, Nov. 3, 1999 www.profilesininjustice.com/laws_art08.html Michigan State Police Policy on Consent Searches www.profilesininjustice.com/laws_art03.html Portland, Oregon Area Law Enforcement Non-Discrimination Resolution www.profilesininjustice.com/laws_art07.html St. Paul, Minnesota, Policy Statement Regarding Biased-Based Profiling – Ethical Consideration www.profilesininjustice.com/laws_art09.html Washtenaw County (Michigan) A resolution supporting the development and implementation of policies, guidelines, and training to ensure fair and unbiased police practices www.profilesininjustice.com/laws_art10.html AELE (Americans for Effective Law Enforcement) Specimen Policy on Citizen Stops A “Specimen Directive,” written by AELE, which prohibits discriminatory stops, searches and enforcement action www.aele.org/traffic.html Florida Traffic Stops Policy Sample Professional Traffic Stops Policy and Procedure, adopted by the Florida Police Chiefs Association www.aele.org/flapol.html Illinois Policy Illinois Association of Chiefs of Police Model Policy on Bias-Based Policing www.aele.org/ilpol.html Missouri Policy Missouri Police Chiefs Association’s policy to limit law enforcement authority for the enforcement of laws, statutes, ordinances and arrests www.aele.org/mopol.html Mount Prospect, Illinois Police Department A policy to prohibit a stop, detention or search of a person when motivated by race, color, ethnicity, age, gender or sexual orientation. www.aele.org/mppol.html Police Executive Research Forum (PERF) Model Policy PERF’s report, “Racially Biased Policing: A Principled Response,” contains a model policy in Chapter 4 www.policeforum.org/racial.html Schaumburg, Illinois Police Department A policy to prohibit racial profiling and any other discriminatory practice www.aele.org/schpol.html Policies or Organizational Statements on Data Collection Statement of Alameda County California Chiefs of Police and Sheriff’s Association on Traffic Stop Collection Policy www.profilesininjustice.com/laws_art04.html Michigan Department of State Police Data Collection Policy www.profilesininjustice.com/laws_art02.html California Highway Patrol Policy, (Management Memo 99-160, Sept. 30, 1999) www.profilesininjustice.com/laws_ art05.html Traffic Stops Statistics Study Act of 2000 The 2nd Session of the 106th Congress authorized the Attorney General to conduct a nationwide study of stops for traffic violations by law enforcement officers www.aele.org Publications on Bias-Based Traffic Law Enforcement/Racial Profiling and Data Collection A Resource Guide on Racial Profiling Data Collection Systems: Promising Practices and Lessons Learned, by Deborah Ramirez, Jack McDevitt, and Amy Ferrell, U.S. Department of Justice, Bureau of Justice Assistance, NCJ 184768. A comprehensive collection of information, analyses, and insights on the issue of data collection. This monograph surveys the most promising practices from around the nation and makes recommendations for police agencies considering introducing data collection programs. This monograph, NCJ 184768, can be obtained from the National Criminal Justice Reference Service at 1-800-851-3420 or www.ncjrs.org Driving While Black: Racial Profiling on our Nation’s Highways, (June 1, 1999) This report, by the American Civil Liberties Union, highlights the problem of racial profiling and looks for ways to improve the picture. www.aclu.org Examples of Promising Police Practices and Policies by the Department of Justice. Principle for Promoting Police Integrity (January 2001). www.ojp.usdoj.gov State and Local Law Enforcement Discipline, Accountability, and Due Process Act of 2000. A contention that there is a significant lack of due process rights for the officer. Prepared by Major Cities Chiefs and Police Executive Research Forum. www.policeforum.org American Civil Liberties Union: Arrest the Racism The ACLU has undertaken a major initiative to put an end to discriminatory police stops, including the launch of the Arrest the Racism Campaign. www.aclu.org A NOBLE Perspective: Racial Profiling – A Symptom of Biased Based Policing National Organization of Black Law Enforcement Executives, May 2001. This report is a primer on the subject, and can be used as part of a training program for law enforcement. www.noblenatl.org Community - Centered Policing: A Force for Change A Report by Policy Link, Maya Harris West, Principal Author. This report demonstrates how policing represents a true partnership between police departments and the communities they serve has succeeded in large and small cities all over the nation. www.policylink.org/democracy/police_ accountability.html Resources Continues 3. Address of the President to the Joint Session of Congress, George W. Bush, United States President, February 27, 2001. Back to Top \| Table of Content \| NHTSA Home Page