Police Department Policy

GO 512 Bias Policing 092822

Sunny Isles Beach Police Department

Policy Text
512 Bias Based Profiling Page 1 of 4 Rev. 09/28/22 GENERAL ORDER 512 BIAS BASED PROFILING REVISION DATE: 09/28/2022 BY ORDER OF THE CHIEF OF POLICE SUNNY ISLES BEACH POLICE DEPARTMENT ORIGINAL EFFECTIVE DATE: 09/28/22 PREVIOUS REVISIONS: RESCINDS: All previously issued directives REFERENCE : 2.06M TABLE OF CONTENTS A. PURPOSE .......................................................................................................................... 1 B. SCOPE ............................................................................................................................... 1 C. POLICY ............................................................................................................................. 1 D. DEFINITIONS .................................................................................................................. 2 E. PROCEDURES ................................................................................................................. 2 F. TRAFIC STOPS AND FIELD CONTACTS.................................................................. 2 G. SEARCHS, ARRESTS & FORFEITURES.................................................................... 3 H. TRAINING ........................................................................................................................ 3 I. COMPLAINTS OF BIAS BASED PROFILING ........................................................... 3 J. COMMUNITY EDUCATION AND AWARENESS ..................................................... 4 K. ANNUAL ADMINISTRATIVE REVIEW .................................................................... 4 A. PURPOSE The purpose of this directive is to unequivocally state that racial and ethnic profiling in law enforcement is unacceptable, to provide guidelines for members to prevent such occurrences, and to protect our members when they act within the dictates of the law and policy from unwarranted accusations. The City of Sunny Isles Beach Police Department is committed to the core value of Bias-Free Policing. B. SCOPE This directive is applicable to all members of the department. C. POLICY 1. It is the policy of the Sunny Isles Beach Police Department to comply with FSS 166.0493 powers, duties, and obligations of municipal enforcement agencies which mandates that municipal law enforcement agencies incorporate an anti-racial or other anti-discriminatory profiling policy. As amended by statute, the City of Sunny Isles Beach Police Department has utilized the Florida Police Chiefs Association’s model policy for guidance. BIAS BASED PROFILING General Order 512 512 Bias Based Profiling Page 2 of 4 Rev. 09/28/22 2. It is the policy of the City of Sunny Isles Beach Police Department to patrol in a proactive manner, to investigate suspicious persons and circumstances, and to actively enforce motor vehicle laws, while insisting that citizens will only be stopped or detained when there exists reasonable suspicion to believe that they have committed, are committing, or about to commit a violation of the law. 3. Furthermore, law enforcement activities, including traffic contacts/stops, field contacts, searches and seizures, and forfeiture efforts that are the result of bias based profiling are prohibited and will not be tolerated by the City of Sunny Isles Beach Police Department and will result in corrective measures, including but not limited to, training, counseling, policy review, and discipline up to and including termination of employment. D. DEFINITIONS Bias Based Profiling: The act (intentional or unintentional) of applying or incorporating personal, societal, or organizational biases and/or stereotypes when making decisions and/or taking police action, which occurs when that decision or action is based solely on a person’s race, color, ethnicity, gender, age, economic status, sexual orientation, physical handicap, religion or any other identifiable group, rather than on the behavior of the individual as being, having been or currently engaged in criminal activity. Reasonable Suspicion: Also known as Articulable Suspicion. Suspicion that is more than a mere hunch but is based on a set of articulable facts and circumstances that would warrant a person of reasonable caution in believing that an infraction of the law has been committed, is about to be committed, or is in the process of being committed, by the person or persons under suspicion. This can be based on the observations of a member combined with his/her training and experience and/or reliable information received from credible outside sources. E. PROCEDURES 1. The exercise of police authority based solely upon an individual’s race, color, ethnicity, gender, age, or economic status, sexual orientation, physical handicap, religion, or any other identifiable group by the members of the City of Sunny Isles Beach Police Department is prohibited. 2. Members may consider the discernable personal characteristics of an individual in establishing reasonable suspicion or probable cause only when the characteristic is part of a specific suspect description based on trustworthy and relevant information that links a specific person to a particular unlawful event. Members must articulate specific facts and circumstances that support their use of such characteristics in establishing reasonable suspicion or probable cause. 3. Members shall not express – verbally, in writing, or by gesture – any prejudice or derogatory comments concerning discernible personal characteristics. 4. Supervisors and commanders who fail to respond to, document, and review allegations of bias-based profiling will be subject to disciplinary action. F. TRAFIC STOPS AND FIELD CONTACTS All interactive stops will be accompanied by consistent, ongoing supervisory oversight to ensure that officers do not go beyond the parameters of reasonableness in conducting such activities. Motorists, pedestrians, cyclists, and other field contacts shall only be subjected to stops, seizures, or detentions when reasonable suspicion exists that they have committed, are committing, or are about to commit an infraction or criminal act. Officers shall treat every person with courtesy and respect. BIAS BASED PROFILING General Order 512 512 Bias Based Profiling Page 3 of 4 Rev.

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