Policy Text
CATEGORY DATE ADOPTED LAST REVIEW
1 01/24/2011 12/30/2021
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
_____________________________
402 – Bias Based Policing 1
POLICY 402 BIAS BASED POLICING
402.1 PURPOSE AND SCOPE
The Tustin Police Department strives to provide law enforcement to our community with due regard
to the racial and cultural differences of those we serve. It shall therefore be the policy and practice
of this department to provide law enforcement services and to enforce the law equally and fairly
without discrimination toward any individual(s) or group because of their race, ethnicity or
nationality, economic status, age, religion, gender, sexual orientation, disability , or status as a
member of any other identifiable groups .
402.1.1 ACCREDITATION STANDARDS
This section pertains to the following C ALEA Standards: 1.2.9
This policy pertains to the following Standard Operating Procedures: N/A
402.2 DEFINITION
Bias based policing - The practice of detaining a su bject based on a broad set of criteria which
casts suspicion on an entire class of people without any individualized suspicion of the particular
person being stopped ( Penal Code § 13519.4(e)).
402.3 POLICY
The practice of bias based policing is illegal and will not be tolerated by this department (Penal
Code § 13519.4(f)).
a) It is the responsibility of every member of this department to prevent, report, and respond
appropriately to clear ly discriminatory or biased practices .
b) Every member of this d epartment engaging in a nonconsensual detention , such as a traffic
stop or field contact , should be prepared to articulate sufficient reasonable suspicion to
justify the detention independent of the individual’s membership in a protected cl ass:
1) To the extent that written documentation would otherwise be completed with an
arrest report, or field interview (FI) card. The involved officer should include those
facts giving rise to the officer’s reasonable suspicion or probable cause for the
contact ;
2) Nothing in this policy shall require any officer to prepare documentation of a contact
that would not otherwise involve such reporting ;
3) While the practice of bias based policing is strictly prohibited, it is recognized that
race or ethnicity may b e legitimately considered by an officer in combination with
other legitimate factors to establish reasonable suspicion or probable cause (e.g.,
suspect description is limited to a specific race or group) .
CATEGORY DATE ADOPTED LAST REVIEW
1 01/24/2011 12/30/2021
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
_____________________________
402 – Bias Based Policing 2
The Tustin Police Department will investigate all complaints of alleged bias based policing against
its members. Employees found to be in violation of this policy are subject to disc ipline in
accordance with this d epartment’s disciplinary policy.
402.4 SUPERVISOR RESPONSIBILITY
Supervisors should monitor those individuals under their command for any behavior that may
conflict with the purpose of this policy and shall handle any alleged or observed violation of this
policy in accordance with the Personnel Complaints Policy.
a) Supervisors should disc uss any issues with the involved officer and his/her supervisor in a
timely manner;
b) Supervisors should periodically review body worn camera recordings, Mobile Digital
Computer (MDC) data and any other available resource used to document contact between
officer and the public to ensure compliance with the policy:
1) Supervisors should document these periodic reviews.
c) Recordings or data that capture a potential instance of racial or bias based policing should
be appropriately retained for administrative investigation purposes;
d) Supervisors shall initiate investigations of any actual or alleged violations of this policy;
e) Supervisors should ensure that no retaliatory action is taken against any member of this
department who discloses information concerning racial or bias based policing .
f) Supervisors s hould ensure that stop data reports are being completed by those individuals
under their command as required by Government Code § 12525.5.
402.5 TRAINING
a) All members of this d epartment will complete POST approved training on the subject of bias
based policing ;
b) All members of this department are encouraged to familiarize themselves with and consider
racial and cultural differences among members of o ur community ;
c) Each member of this department undergoing initial POST approved training will thereafter
be required to complete an approved refresher course at least every year in order to keep
current with changing racial and cultural trends ( Penal Code §13519.4(i)) ;
d) The refresher training on bias based policing should include a review of field contacts, traffic
stops, search issues, asset seizure and forfeiture, interview techniques, cultural diversity,
discrimination, and community support .
402.6 ADMINISTRATION
Each January, the Professional Standards Division Commander shall review the d epartment’s
effort s to prevent bias based policing and submit an overview, including public concerns, to the
Chief of Police. This overview shall not contain any identifying information regarding any specific
complaint, citizen , or officer.
CATEGORY DATE ADOPTED LAST REVIEW
1 01/24/2011 12/30/2021
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
_____________________________
402 – Bias Based Policing 3
402.7 RACIAL AND IDENTITY PROFILING ACT (R