Policy Text
San Francisco Police Department 5.17
General Order Rev. 8/12/20
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BIAS -FREE POLICING POLICY
A guiding principle of the San Francisco Police Department is its commitment to treating all
people with dignity, fairness and respect. It is crucial for members to carry out their duties in a manner free from bias and eliminate any perception of policing that appears biased. This order
outlines the policy for bias -free policing.
A fundamental right guaranteed by the Constitution of the United States is equal protection under the law. Along with this right is the fundamental right to be free from unreasonable searches and seizures by government agents as guaranteed by the Fourth Amendment. Department members are charged with protecting these rights for all people, regardless of race, color, ethnicity, national origin, age, religion, gender identity or expression, sexual orientation, mental or
physical disability, or socio- economic status. Police action that is biased is illegal and violates
these rights. Biased policing is unsafe, unjust and ineffective. It a lso alienates the public, fosters
distrust of police, and undermines legitimate law enforcement efforts.
I. POLICY
This policy establishes the San Francisco Police Department’s commitment to just, transparent
and bias -free policing and reinforces existing policies and procedures that serve to assure the
public that the SFPD is providing services and enforcing laws in an equitable manner. It also clarifies the limited circumstances in which members can consider race, color, ethnicity, national origin, reli gion, age, gender identity or expression, sexual orientation, mental or physical
disability, or socio- economic status when making law enforcement decisions.
II. DEFINITIONS
A. RACIAL & IDENITY PROFILING. The California Penal Code defines racial and
identity profiling as the consideration of, or reliance on, to any degree, actual or
perceived race, color, ethnicity, national origin, age, religion, gender identity or expression, sexual orientation, mental or physical disability in deciding which person to subj ect to a stop or in deciding upon the scope or substance of law enforcement
activities following a stop, except that an officer may consider or rely on characteristics listed in a specific suspect description. These activities include, but are not limited to, traffic or pedestrian stops, or actions during a stop, such as asking questions, frisks, consensual and nonconsensual searches of a person or any property, seizing any property, removing vehicle occupants during a traffic stop, issuing a citation, and making an arrest.
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B. BIASED POLICING. When providing law enforcement services or enforcement, bias
policing occurs when law enforcement inappropriately considers characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, socio- economic status, age, cultural group, disability or affiliation with
any non- criminal group.
C. IMPLICIT BIAS. Implicit Bias refers to the attitudes or stereotypes that affect a person’s understanding, actions, and decisions in an unconscious manner. These biases, which encompass both favorable and unfavorable assessments, are activated involuntarily and without an individual’s awareness or intentional control. Implicit biases are different from known biases that individuals may choose to conceal. Rather, implicit biases are not accessible through self -reflection or examination.
D. BIAS BY PROXY. Bias by proxy occurs when individuals call the police and make false or ill- informed claims of misconduct about persons they dislike or are biased
against based on explicit racial and identity profiling or implicit bias. When the police act on a request for service rooted in implicit or explicit bias, they risk perpetuating the caller’s bias. Members should use their critical decision -making skills drawing
upon their training to assess whether there is criminal conduct.
III. PROCEDURES
A. Policing Impartially
1. The Fourth Amendment of the United States Constitution and statutory authority require reasonable suspicion for investigat ive detentions and traffic stops, and
probable cause for arrests and certain searches and seizures. To meet either
standard, members must be able to articulate specific facts, circumstances, and conclusions that support the probable cause or reas onable sus picion
determination.
2. Except as part of a specific individual description, members may not use, to any degree, race, color, ethnicity, national origin, age, religion, gender identity or expression, sexual orientation, mental or physical disability or soci o-economic
status as a basis for establishing either reasonable suspicion or probable cause; for deciding whether to initiate a consensual encounter; when requesting a consensual search; or for determining if there is a lawful basis to search.
3. Members se eking one or more specific persons who have been identified or
described in part by any of the above listed characteristics may rely on them only when the characteristic is part of a specific description based upon relevant information that links a specific person to a particular unlawful incident or a call for service. The listed characteristics should not be given undue weight.
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4. Members should use their critical decision- making skills drawing upon their
training to assess whether there is evidence of crim inal activity after
independently assessing the circumstances. When carrying out their duties,
members should be cognizant of racial and identify profiling, implicit bias and bias by proxy.
B. Preventing Perceptions of Biased Policing
In an effort to prev ent perceptions of biased policing:
1. When conducting an investigative detention, members, with consideration for officer safety, shall do the following:
a. Be courteous and professional (SEE DGO 2.01, General Rules of Conduct,