Roll Call Training Bulletin - 2010

Roll Call Training Bulletin Produced by: Ofc. Mike Hight, PSU. Prepared by: Office of the Chief Rick Braziel, Chief of Police Volume 10 May 25, 2010 Sikhism: Protocol and Other Co nsiderations for Law Enforcement This bulletin provides information and li nks to resources to help law enforcem ent agencies in their contacts with members of the Sikh faith. Sikhism is a religion founded in the Punj ab region of South Asia in the late 15th century and is the fifth largest religion in the world. The Sikh population in Californi a is estimated at 250,000 (about half the national Sikh population). Sikhs are often mistaken for Muslims or Hindus; however, these are all completely different religions. Articles of Faith Sikhs wear a religious uniform that is intended to identif y them as members of the faith. All baptized Sikhs are required to carry five artic les of faith at all times : the Kesh (uncut hair), Kangha (a wooden comb, sometimes kept in the hair), Kara (a bracelet on the right wrist), Kachehra (a special undergarment), and the Kirpan (a ceremonial item resembling a small sword, usually with a cu rved tip). The kirpan reminds Sikhs of their duty to fight against injustice and oppression, and Sikhs believe the kirpan ma y be used as a weapon only for self defense or to defend another innocent person from harm. The Kirpan: • May be made of either steel or iron. • Typically worn in a sheath hung on a strap and slung over one shoulder or worn around the waist. • May be visible over the cl othing or under a jacket. • Is commonly between 3-9 inches in le ngth and may be blunt or sharpened. Usually a kirpan can be identified as a religious item because the Sikh carryin g it is also likely to be carrying the other four articles of faith. Sikhs are also required to cover their uncut hair with religious turbans. Kirpan Protocol • If the kirpan must be inspected and circumstances permitting, officers should politely request to inspect the item and explain why it needs to be inspected, rather than forcibly removing the kirpan from a Sikh. • If the kirpan must be recovered, it should be treated respectfully, kept in a clean place off the floor and returned to the owner as soon as possible. • To call it a dagger or knife is rather insulting to this article of faith. Turban Protocol A Sikh turban is a religious article of faith and as such, is always treated with respect. Sikhs never appear in public without their heads covered. To do so would be considered embarrassing or even humiliating for a Sikh. Roll Call Training Bulletin Produced by: Ofc. Mike Hight, PSU. Prepared by: Office of the Chief Rick Braziel, Chief of Police Volume 10 A respectful pat-down of a turban wo uld include informing the person: • The turban is going to be pat down but not removed. • The turban is recognized as an article of faith and the reasons for the pat-down. This explanation will show respect and help preven t objection to the pat-down. Whenever possible, avoid asking a Sikh to remove his or her turban, beca use for a Sikh it would be akin to a strip search. If for whatever reason, turban removal is required, and circumstances permit, provide a clean private area with a mirror and adequate lighting, and 5 to 15 minutes to re-tie the turban. Legal Considerations Since September 11, 2001, at least 22 criminal cases agai nst Sikhs for carrying a kirp an have been dismissed nationwide, including in California. In 2004, a Sikh st udent at Diablo Valley College in Pleasant Hill, California, was arrested after a ca mpus police officer saw his kirpan while he was studying at a campus cafeteria. In 2008, a Sikh was arrested in Kern County tor violating the st ate's concealed weapons law when a police officer stopped him for a tra ffic violation and observed the kirp an underneath his clothing. Charges against both men were dropped after pros ecutors were informed of the religi ous significance of the kirpan and past incidents of the dismissal of simila r charges against Sikhs across the country. While the constitutionality of Sikhs carrying a kirpan has not been addressed in California's courts, courts in other states have dismissed charges ag ainst Sikhs. A district court in Michig an held a Detroit ordinance did not apply to individuals who wear a kirpan, in good faith, as a religious relic or symbol. Similar rulings have been made in New York and Ohio, where the appellate court he ld that the prosecution of a Sikh for carrying a kirpan violated the Religious Free dom Restoration Act of 1993. Officer Safety While this training bulletin describe s recommended protocol for the resp ectful treatment of Sikhs and their articles of faith, and no record of a ki rpan being used as a weapon in the U. S. has been found, officers should be cognizant of their safety in all circumstances. Reference Material Additional1nformation on the Sikh faith can be obtained through: • The Sikh Coalition: www.sikhcoali tion.org ; (510) 659-0900; and th e Western Region Office at 39465 Paseo Padre Parkway, Suite 3550, Fremont, CA