Policy Text
DEPARTMENTAL GENERAL ORDER M-19
New Order
Effective Date
15 Nov 04
Index as: Bias-Based Policing Prohibitions Regardi ng Racial Profiling
and Other Bias-Based Policing
Racial Profiling
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PROHIBITIONS REGARDING RACIAL PROFILING AND
OTHER BIAS-BASED POLICING
I. PURPOSE
A. The purpose of this policy is to reaf firm the Oakland Police Department’s
commitment to providing service a nd enforcing laws in a fair and
equitable manner, and to establish a relationship with the community based on trust and respect. Whenever our practices are, or are perceived to be, biased, unfair, or disrespectful, we lose public tr ust and support and
diminish our effectiveness.
B. The Department recognizes that th ere has been a growing national
perception that law enforcement ac tion is too often based on racial
stereotypes (“racial profiling”) or othe r bias-based policing – whether it is
against African Americans, Latinos , Asians, Middle Easterners, South
Asians, or any other race, ethnicity, na tional origin, gender, age, religion,
sexual orientation, or disability. In Oakland, there is concern within our
communities that some members may e ngage in this behavior. Whether
individual members agree or not, we, as an organization, must recognize
that this concern exists and be responsive to it.
C. California Penal Code Section 13519.4(e) prohibits racial profiling by law
enforcement officers. This Department policy explicitly prohibits racial
profiling and other bias-based policing. It also states the limited circumstances in which members can consider race, ethnicity, national
origin, gender, age, religion, sexual or ientation, or disability in making
law enforcement decisions and actions.
DEPARTMENTAL GENERAL ORDER New Order Effective Date
M-19 15 Nov 04 OAKLAND POLICE DEPARTMENT
II. DEFINITION OF RACIAL PROFILING
The use of race, ethnicity, or national orig in in determining reasonable suspicion,
probable cause or the focus or scope of any police action that directly or
indirectly imposes on the freedoms or fr ee movement of any person, unless the
use of race, ethnicity, or na tional origin is used as part of a specific suspect
description.
III. POLICY A. Investigative detentions , traffic stops, arrests, searches and property
seizures by officers shall be based on a standard of reasonable suspicion or
probable cause in accordance with th e Fourth Amendment of the U.S.
Constitution.
B. Members shall articulate specific facts and circ umstances that support
reasonable suspicion or probable cau se for investigative detentions,
pedestrian, bicycle, or vehicle stops, arrests, non-consensual searches and
property seizures.
C. Members shall not consider actual or perceived race, ethnicity, national
origin, gender, age, religion, sexua l orientation, or disability in
establishing either reasonable susp icion or probable cause or when
carrying out law enforcement activiti es EXCEPT when credible and
reliable information links specific susp ect descriptions to specific unlawful
or suspicious activity.
Members seeking one or more specific persons who have been identified or described in part by any of the a bove listed characteristics may rely on
these characteristics in part and only in combination with other appropriate
factors.
IV. CONSENT SEARCHES
A. A consent search refers to sear ches conducted not based on probable
cause, incident to arrest or pursuant to a search warrant, but based on permission granted from the person being searched.
B. Consent searches are permissible la w enforcement tools; however, their
use shall not be:
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DEPARTMENTAL GENERAL ORDER New Order Effective Date
M-19 15 Nov 04 OAKLAND POLICE DEPARTMENT
1. Arbitrary. In other words, the re quest to conduct a consent search
must be reasonable and members s hould be able to articulate the
suspicion that formed the basis for the request.
2. Based on actual or perceived ra ce, ethnicity, national origin,
gender, age, religion, sexual orientation, or disability.
C. Members shall complete a Field Contact Report (836-314) for each
consent search conducted articulating the reason for the search.
D. Pursuant to Report Writing Manual Inse rt R-2, members shall complete a
Stop-Data Collection Form (Scantron) for each consent search conducted.
E. Members shall advise individuals of th eir right to refuse a consent search.
V. CONDUCTING STOPS
In conducting pedestrian, bicycle, or vehicle stops, members shall:
A. be courteous, respectful, polite and professional.
B. explain the reason for the stop while asking for identification, unless
impractical.
C. identify yourself.
D. ensure the length of the detention is no longer than necessary to take appropriate action for th e known or suspected offe nse, and explain the
reason for any delays.
E. answer questions the person may have regarding the stop and explain the
disposition of the stop.
F. apologize for the inconvenience when appropriate.
G. if asked, provide the procedures for filing a complaint about police
services or conduct outlined in DGO M-3 COMPLAINTS AGAINST
DEPARTMENTAL PERSONNEL OR PROCEDURES.
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DEPARTMENTAL GENERAL ORDER New Order Effective Date
M-19 15 Nov 04 OAKLAND POLICE DEPARTMENT
VI. EXAMPLES OF RACIAL PROFILING
A. Examples