Transcript CRS Racial Profiling Training

Responding to Allegations of
Racial Profiling
“Building Trust Between Police and the
Community”
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Sir Robert Peel, the Founder of
Modern Policing
“Police, at all times, should
maintain a relationship with the
public that gives reality to the
historic tradition that the police
are the public and the public are
the police; the police being only
members of the public who are
paid to give full-time attention to
duties which are incumbent on
every citizen in the interests of
community, welfare & existence”
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Federal Definition:

Department of Justice Directive, June
2003:
Racial Profiling is the invidious
use of race or ethnicity as a criterion in
conducting stops, searches, and other
Law Enforcement Investigative
procedures.
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What is Racial Profiling?
“The act (intentional or unintentional) of
applying or incorporating personal, societal,
or organizational biases and/or stereotypes
as the basis, or factors considered, in
decision making, police actions, or the
administration of justice.”
~ Chief Ronald L. Davis
Palo Alto, CA.
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Racial Profiling Is…
When a police officer uses Race, Color, or
National Origin as the only factor in;
• Stopping
• Detaining
• Interdicting or
• Searching
… of any individual.
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Questions?
• Why are racial profiling allegations
on the rise across the country?
• What’s in it for you?
[Pics]
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Factors Fueling Complaints
• Community members / police do not see the ‘same
picture’ or set of facts .
• Community members / police are influenced by
negative stereotyping on television/ newspapers
• Non-police are not trained in the ‘Legal Basis’,
which guides enforcement action.
• What is this ‘Legal Basis’?
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1. Reasonable Suspicion*
- A police officer has the right to temporarily
detain someone if there are specific facts that would
lead a trained police officer to believe a crime has, is,
or about to occur.
- “Specific facts” and/or pieces of “reliable
information,” are essential building blocks to
Probable Cause.
* In general, stop and frisks require only
reasonable suspicion.
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2. Probable Cause
Probable cause is where known facts and
circumstances, of a reasonably trustworthy nature,
are sufficient to justify a man of reasonable caution
or prudence in the belief that a crime has been or is
being committed. ~ Draper v. U.S. 1959
• Known as the “Reasonable Man” definition
• Arrests, searches, and seizures require
probable cause.
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Sources of Probable Cause
• Observation of Real
Evidence
• Admitted Ownership
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Possible Elements Leading to
Probable Cause
• Flight - Alone, is normally not enough
• Furtive Movements
- Nervousness alone is not sufficient as the
law recognizes the right of people to be nervous
or fearful around police
• False or Improbable Answers
- This is not normally a basis of probable
cause alone, but it tends to trigger subsequent
police inquiry or action
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Possible Elements Leading to
Probable Cause (continued)
• Presence at a Crime Scene
• Association with Known Criminals
- where it is probable that others are involved
or benefiting from the criminal activity
• Past Criminal Conduct
- an officer's personal knowledge of a
suspect's past
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How Does Reasonable
Suspicion and Probable Cause
Apply to Traffic Stops?
In order for a police officer to make any traffic
stop, an officer must have:
1. Reasonable Suspicion
2. Probable Cause
- Witness a Traffic Violation or
- Participate in a legitimate Speed or
DUI/DWI operation
[Scenes]
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Racial vs. Criminal Profiling
• Racial Profiling is not Criminal Profiling
• Criminal profiling is a legitimate tool used
to fight crime and terrorism
• Criminal profiling is an investigative
method in which a police officer through
observation of activities, identifies
suspicious behavior patterns by
individuals and develops a “legal basis”
to detain and question.
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Origins of Racial Profiling
• The term “racial profiling” has
emerged only in the early 1990s.
• However, such behaviors can be
traced back to the 1950s and 1960s.
• Some experts even argue it can be
traced back for centuries in U.S. history.
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Origin of Criminal Profiling
The Drug Enforcement Administration
(DEA) was one of the earliest developers of
“profiling”. In the early 1970s, Agent Paul
Markonni created a “profile” of drug
couriers based on behavior characteristics.
Q. What do you think some of these
behavior characteristics were?
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Markonni’s Profile Idea
• Person appears nervous
• Person pays for ticket in cash
• Person pays for ticket with large bills
• Person is going to or coming from a
high drug area
• Person is traveling under an alias
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Questions?
• How was Markonni’s approach reasonable?
• How was his approach unreasonable?
• How have some police officers compromised
the approach?
• How much do you think your own set of
values guided the way in which you
answered the above questions?
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Personal Values
• What are personal values?
• Where do they come from?
• How do we get them?*
*(Community & Police )
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Police Department Values
• Written policies of your department
• When were these values written and last updated
• Estimate the number of officers in your
department that know these values or had a
part in creating them
• These values are principles you are required to
uphold as a police officer
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Police Department Values
(continued)
Write down the following (1-5):
• If you were the sole authority in
drafting a set of values/ principles
for your police department, what
would your top five be?
[Test]
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Racial Profiling from a Behavior
Perspective
• Your personal values and environment
shape your behavior
Personal Values / Beliefs /
Attitudes
Your Work Environment and
External Influences
Behavior *
* Your Behavior is Everything to Citizens
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What are some police views?
• I make arrests this way
• If you are innocent, you have nothing
to worry about
• You fit the description
• If you were the victim you would not
complain
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Myths: What is the benefit of
using racial profiling
practices?
• Can catch more criminals
• Leads to greater numbers of arrests
• Gain better control of an area
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What are some of the
community’s views?
• Feel angry or insulted
• View law enforcement as racist
• Feeling of unfairness
• View police as unprofessional
• Feel it is illegal
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What are the consequences?
• Anger in the community
• Mistrust of law enforcement
• Lack of respect for law enforcement
• Loss of community involvement/support
• Can lead to lawsuits
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Negative Impact on Community
• Undercuts the trust communities have in their
law enforcement agencies and retards law
enforcement initiatives
• Undermines the principles of community
policing by changing the focus from community
based problem solving to communities blaming
law enforcement for problems
• Creates a dangerous “Us vs. Them” mentality
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Impact of Racial Profiling
Allegations
• Allegations regarding the existence or
perceived existence of racial profiling
pose a significant risk to Police
Community relations.
• The way in which your department
addresses allegations of racial profiling
shapes how your department is viewed
internally and externally.
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The Challenge?
Public Perception vs. Police Perception
Q. How can you successfully bring both sides
to see the same ‘picture’ and make
community members more aware
& supportive of police action?
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Current Efforts To Address
Racial Profiling Concerns
Police Departments must respond to
allegation of Racial Profiling
1. Data Collection
(Partnership Development &
Community Engagement)
2. Education and Communication
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Reality of Data Collection
* Data collection cannot answer the question of
whether or not racial profiling exists. Data
collection may only show disparity.
Data collection may answer:
1. If no bias exists, are more minority drivers
stopped?
2. Are minority drivers disproportionately
searched?
Q. What must you need for every stop?
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Challenges to Data Collection
• Determining the race of citizens stopped in the
least obstructive manner without increasing
tensions
• Budgeting, time, and paperwork burdens
– How can the Police Department collect enough
information without overloading the officers?
• Discouraging police from making legitimate stops
• Ensuring that reports are accurate and data is
analyzed appropriately
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Education & Communication
Open and productive dialogue between
law enforcement and the communities it
serves can provide the best opportunity for
identifying community-based solutions to
problems associated with racial profiling.
“To see the same picture”
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The Goal is to Build Trust
The building of trust is accomplished by
helping parties…
1. Develop or supplement their knowledge and
beliefs about racial profiling
2. Understand the different perspectives each
group has about racial profiling
3. Identify the common goals shared by law
enforcement & community members and...
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The Goal is to Build Trust
(continued)
4. Encourage all parties to shift focus
from blaming to addressing facts.
Enhancing trust between police and
community can eliminate Racial
Profiling allegations when both sides
can “see the same picture” !
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Structure to Meet the Challenge
The greatest impact you can personally
make to eliminate Racial Profiling
allegation(s) is through your…
A. Initial Contact
&
B. Ending Contact
(Engagement)
(Disengagement)
…Dialogues with all community members.
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Structure to Meet the Challenge
(continued)
Initial/ Engagement Stage
*
*
*
*
•
Sets positive/professional tone
Give name and rank (and number if requested)
Do not assign blame
Describe violation if practical
Ask for cooperation
Not all initial contacts can set a positive
tone for communications and trust building.
WHY?
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Techniques to End/ Disengage
• Explain the reason for the traffic stop
• Police officer should provide their name and rank
• Use the All Points Bulletin (APB) to help explain stop
• Clear the person from the ‘Suspect List’ to your
‘Supporter’ Category
• Ask the community member for their assistance. Lastly...
* Thank community members for their cooperation
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Importance of Properly
“Ending/ Disengaging”
“The problem is seldom one of blacks/browns being
engaged by police. The problem is police failing to
properly disengage.”
~ Chief Ruben Greenberg,
Charleston, SC
• An officer’s knowledge on the proper way to end/
disengage from community members can help defuse
allegations of racial profiling.
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Partnership Development and
Community Engagement
The establishment of productive partnerships
can mitigate many potential negative impacts
created by allegations of racial profiling.
Q. How can you impact positive change to deter
racial profiling allegations?
One community contact at a time.
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What’s in it for You?
1. Your Safety
2. Personal/Mutual Community Respect
3 Liability/Your Job and Pension
4. It’s Your Insurance Policy
Be Safe…Communicate !
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Law Enforcement
Oath of Honor
On my honor, I will never betray my badge,
my integrity, my character or the
public trust.
I will always have the courage to hold myself
and others accountable for our
actions.
I will always uphold the constitution, my
community and the agency I serve.
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Learn More About…
* Racial Profiling
* Data Collection
* Minority Engagement
* Ethics
* Accountability
* Liability
* Developing Mutual Respect in Policing
Contact:
- Your State Police Certification Commission * COPS - Community Oriented Policing Service
* NOBLE - Nat’l Organization of Black Law
Enforcement Executives
* IACP - International Asso. Chiefs of Police
* NTSHA - Nat’l Traffic Safety Highway Admin.
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COMMUNITY RELATIONS
SERVICE
United States Department of Justice
(202) 305-2935
www.usdoj.gov/crs
Core points
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Know what ‘racial profiling’ is
Understand why allegations of racial
profiling are on the rise
Understand the ‘legal basis’ (reasonable
suspicion and probable cause)
Explain the concept of ‘seeing the same
picture’ between law enforcement and the
community.
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Core points continued

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Be able to articulate the difference between
‘racial profiling and criminal profiling’
Explain Markonni’s ‘profile idea’
Describe the link between ‘personal values and
group values’
List three law enforcement views on racial
profiling
List three community views on racial profiling
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Core Points continued
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Describe three challenges to data collection
in addressing allegations of racial profiling
Discuss the concepts of ‘engaging and
disengaging’ behaviors by law enforcement
List 3 reasons why avoiding ‘racial profiling’
is a positive step for law enforcement
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