Policy Text
Policy
402Fremont Police Department
Bias-Based Policing
402.1 PURPOSE AND SCOPE
This policy provides guidance to department members that affirms the Fremont Police
Department's commitment to policing that is fair and objective.
Nothing in this policy prohibits the use of specified characteristics in law enforcement activities
designed to strengthen the department's relationship with its diverse communities (e.g., cultural
and ethnicity awareness training, youth programs, community group outreach, partnerships).
402.1.1 DEFINITIONS
Definitions related to this policy include:
Bias-based policing or improper profiling - An inappropriate reliance on actual or perceived
characteristics such as race, ethnicity, national origin (including limited English proficiency),
religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural
group, disability, or affiliation with any non-criminal group (protected characteristics) as the basis
for providing differing law enforcement service or enforcement (Penal Code § 13519.4). This
includes explicit and implicit biases (i.e., conscious and unconscious beliefs or attitudes towards
certain groups).
Detention – a seizure of a person by an officer by means of physical force or show of authority that
would result in a reasonable person believing they are not free to leave or disregard the officer.
Explicit Bias – Conscious belief or attitude toward an individual, based on prejudice and
stereotype, that may lead an individual to act in a discriminatory way.
Implicit Bias – Unconscious belief or attitude toward an individual, based on prejudice and
stereotype, that may lead an individual to unknowingly act in discriminatory way.People are
generally unaware of their implicit biases.Some may even hold contradictory conscious beliefs.
Stop – a detention by a peace officer of a person or any peace officer interaction with a person in
which the peace officer conducts a search, including a consensual search, of the person's body
or property in the person's possession or control. In addition to vehicle and pedestrian stops, this
includes all calls for service resulting in a detention.
402.2 POLICY
The Fremont Police Department is committed to providing law enforcement services to the
community with due regard for the racial, cultural or other differences of those served. It is the
policy of this department to provide law enforcement services and to enforce the law equally, fairly,
objectively and without discrimination toward any individual or group.
Impact - External procedural justice focuses on the way the criminal justice system interactswith
the community and how these interactions shape public trust.Fair and impartial policing is
premised on understanding and acknowledging that human biases exist (President’s Task Force
on 21st Century Policing, 2015). The impact of implicit and explicit bias policing, however,
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raises questions about equity and fair policing (Spencer et al., 2016).Further, it challenges the
tenets of procedural justice which includes voice, neutrality, respectful treatment to others and
trustworthiness (Procedural Justice & Police Legitimacy Defined, n.d.).
402.3 BIAS-BASED POLICING PROHIBITED
Bias-based policing is strictly prohibited.
However, nothing in this policy is intended to prohibit an officer from considering protected
characteristics in combination with credible, timely and distinct information connecting a person or
people of a specific characteristic to a specific unlawful incident, or to specific unlawful incidents,
specific criminal patterns or specific schemes.
402.3.1 CALIFORNIA RELIGIOUS FREEDOM ACT
Members shall not collect information from a person based on religious belief, practice, affiliation,
national origin or ethnicity unless permitted under state or federal law (Government Code §
8310.3).
Members shall not assist federal government authorities (Government Code § 8310.3):
(a)In compiling personal information about a person’s religious belief, practice, affiliation,
national origin or ethnicity.
(b)By investigating, enforcing or assisting with the investigation or enforcement of any
requirement that a person register with the federal government based on religious
belief, practice, or affiliation, or national origin or ethnicity.
402.4 MEMBER RESPONSIBILITIES
Every member of this department shall perform his/her duties in a fair and objective manner and
is responsible for promptly reporting any suspected or known instances of bias-based policing to
a supervisor. Members should, when reasonable to do so, intervene to prevent any biased-based
actions by another member.
402.4.1 REASON FOR CONTACT
Officers contacting a person shall be prepared to articulate sufficient reason for the contact,
independent of the protected characteristics of the individual.
To the extent that written documentation would otherwise be completed (e.g., arrest report, field
interview (FI) card), the involved officer should include those facts giving rise to the contact, as
applicable.
Except for required data-collection forms or methods, nothing in this policy shall require any officer
to document a contact that would not otherwise require reporting.
402.4.2 DISCLOSURE AND DOCUMENTATION OF TRAFFIC OR PEDESTRIAN STOP
An officer conducting a traffic or pedestrian stop shall state the reason for the stop prior to
questioning the individual related to a criminal investigation or traffic violation unless the officer
reasonably believes that withholding the reason for the stop is necessary to protect life or property
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from imminent threat, including but not limited to cases of terrorism or kidnapping (