TUSPD_Racial_Profiling_Course_Outline_1886088

Tustin Police Department Revised December 2019 Racial Profiling 2 hour I. Why Are We Here? A. Introduction 1. Instructor 2. Student B. Explain background of legislation and course 1. Law enforcement shall not engage in racial profiling 2. Law enforcement will participate in racial profiling training Racial Profiling Defined C. Clarifying the controversies about the issues 1. You can still do your job effectively a. Profiling behavior is more effective than profiling race 2. Racial profiling and racism are not the same a. Racism is hate -motivated b. Racial profiling occurs when race is used as a predictor of criminality 3. Members of all racial groups commit crimes a. Actions of some should not cast aspersions on all 4. You cannot assume all members of a particular group commit a specific crime even if members of that group are associated with that crime a. Terrorism is not just committed by Middle easter ners b. Two white males committed the Oklahoma City bombing 5. The majority of all groups are law abiding a. The crime rate is a measure of police activity versus criminal activity Tustin Police Department Revised December 2019 b. Statistics indicate no higher contraband “hit rate” in minority vehicles stops or searches 6. Racial profiling does occur a. December 1999 Gallup Poll indicates that nationally, 60% of adults perceive that racial profiling is widespread b. That percentage is higher in minority communities c. Perception is reality as far as the affect it has on the public 7. Data Collection Issues a. Many law enforcement agencies in California and nationwide have elected to collect data on traffic stops b. There are mixed interpretations of the data i. Early data indicates there may be a higher contact with minorities ii. There appears to be difference in the type of action take n with minorities after the stop (a) More searches (b) Longer detentions 8. No one group has a monopoly on racial profiling a. It is frequently precipitated as an institutional practice b. It can be learned or a trained practice II. Legal Considerations A. California specific laws 1. Senate Bill 1102 a. Modified Penal Code Section 13519.4 PC b. Law enforcement shall not engage in racial profiling c. Racial profiling is the practice of detaining individuals based on a broad view of a particular group of people B. Federal Laws 1. 4th Amendment a. Reasonable suspicion of probable cause i. Must be individualized ii. Focused on the pers on to be stopped or detained 2. 14th Amendment a. Equal application of the law b. Law enforcement must be colorblind in conduct of its responsibilities c. Individualized suspicion cannot be based on race unless race was provided as a specific descriptor Tustin Police Department Revised December 2019 3. Case law a. Whren v . United States i. Creates powerful discretion on the part of the officers to make pretext stops (a) An officer stops a driver for a minor traffic violation to investigate a hunch that the driver is engaged in a more serious activity (b) It’s what motivates the pretext stop that myst be considered C. Legal/ethical exercise of this discretion is the key 1. A stop can be legal under the 4th Amendment and still illegal under the 14th Amendment D. Differences between criminal profiling and racial profiling 1. Criminal profiling is a legitimate practice based on psychological characteristics that can be analyzed and evaluated 2. Criminal profiling is based on articulable behaviors or characteristics 3. Racial profiling is the use of race alone as a predictor E. Lawfully applying your discretion 1. Lawfully enforcement officers may only consider factors such as race, ethnicity, religion, national origin, sexual orientation, gender, or specific lifestyle when they are a reported descriptor which links a specific person or persons to a particular unlawful incident. III. History of Civil Righ ts A. Evolution of race relations in America 1. Nationally a. During WWII, this country pa rticipated in widespread racial profiling when thousands of Japanese Americans were incarcerated based solely on their race . This occurred while hundreds of Japanese fought for this country in all branches of the military . b. Throughout the country, for the most part, minorities and whites lived in separate communities . Tustin Police Department Revised December 2019 c. Minorities had fewer opportunities educationally and economically . d. In the 50’s, the civil rights movement was the largest mass movement to address American ideals of justice and equality . e. Law enforcement was put in the position of enforcing State laws, which supported segregation . f. Civil rights was not a; movement for minority rights but for the rights of every citizen in the United States (1) “Injustice anywhere is a threat to justice everywhere . Dr. Martin Luther King, Jr. g. As a society, we dismantled the major practice of discrimination (1) The laws pertain to all people equally (2) Segregation was legally abolished 2. California a. Racially restrictive covenants were in existence up to forty years ago (1) Race alone was probable cause to be stopped in certain neighborhoods b. School segregation of Mexican, Asian, and Native Americans existed until 1947 (