LIBERTY POLICE DEPARTMENT
POLICIES AND PROCEDURES
SECTION:
Administration POLICY NUMBER: B111
SUBJECT: Racial Profiling EFFECTIVE DATE: October 14, 2003
REVIEW DATE:
ISSUED BY:
Chief of Police SIGNATURE:
PURPOSE:
The purpose of the policy is to
reaffirm the Liberty Police Department’s commitment to unbiased policing in all
its encounters between officer and any person; to reinforce procedures that
serve to ensure public confidence and mutual trust through the provision of
services in a fair and equitable fashion; and to protect officers from
unwarranted accusations of misconduct when they act within the dictates of
departmental policy and the law.
APPLICABILITY:
All Liberty Police
Department personnel.
POLICY:
It is the policy of the Liberty
Police Department to police in a proactive manner and to aggressively
investigate suspected violations of the law. Officers shall actively enforce
state and federal laws in a responsible and professional manner, without regard
to race, ethnicity or national origin. Officers are strictly prohibited from
engaging in racial profiling as defined in this policy. This policy is
applicable to all persons, whether drivers, passengers or pedestrians. Officers
shall conduct themselves in a dignified and respectful manner at all times when
dealing with the public. Two of the fundamental rights guaranteed by the
This policy shall not preclude
officers from offering assistance, such as upon observing a substance leaking
from a vehicle, a flat tire, or someone who appears to be ill, lost or
confused. Nor does this policy prohibit stopping someone suspected of a crime
based upon observed actions and/or information received about the person.
Definitions:
Racial Profiling: A law enforcement-initiated action based on an individual's race,
ethnicity, or national origin rather than on the individual's behavior or on
information identifying the individual as having engaged in criminal activity.
Racial profiling pertains to persons
who are viewed as suspects or potential suspects of criminal behavior. The term
is not relevant as it pertains to witnesses, complainants or other citizen
contacts.
The prohibition against racial
profiling does not preclude the use of race, ethnicity or national origin as
factors in a detention decision. Race, ethnicity or national origin may be
legitimate factors in a detention when used as part of an actual description of
a specific suspect for whom an officer is searching. Detaining an individual
and conducting an inquiry into that person's activities simply because of that
individual's race, ethnicity or national origin is racial profiling. Examples
of racial profiling include, but are not limited to, the following:
a.
Citing a driver who is speeding in a
stream of traffic where most other drivers are speeding because of the cited
driver's race, ethnicity or national origin.
b.
Detaining the driver of a vehicle
based on the determination that a person of that race, ethnicity or national
origin is unlikely to own or possess that specific
make or model of vehicle.
c.
Detaining an individual based upon
the determination that a person of that race, ethnicity or national origin does
not belong in a specific part of town or a specific place.
A law enforcement agency can derive
at least two principles from the adoption of this definition of racial
profiling:
a.
Police may not use racial or ethnic
stereotypes as factors in selecting whom to stop and search, while police may
use race in conjunction with other known factors of the suspect.
b.
Law enforcement officers may not use
racial or ethnic stereotypes as factors in selecting whom to stop and search.
Racial profiling is not relevant as it pertains to witnesses, etc.
Race or Ethnicity: Of a particular descent, including Caucasian, African, Hispanic,
Asian, or Native American.
Pedestrian Stop: An interaction between a peace officer and an individual who is being
detained for the purpose of a criminal investigation in which the individual is
not under arrest.
Traffic Stop: A case where a peace officer stops a motor vehicle for an alleged
violation of a law or ordinance regulating traffic.
Training:
Officers are required
to adhere to all Texas Commission on Law Enforcement Officer Standards and
Education (TCLEOSE) training and the Law Enforcement Management Institute of
All officers shall complete a
TCLEOSE training and education program on racial profiling not later that the
second anniversary of the date the officer is licensed under Chapter 1701 of
the Texas Occupations Code or the date the officer applies for an intermediate
proficiency certificate, whichever date is earlier. A person who on September
1, 2001, held a TCLEOSE intermediate proficiency certificate, or who had held a
peace officer license issued by TCLEOSE for at least two years, shall complete
a TCLEOSE training and education program on racial profiling not later than
September 1, 2003.
The chief of police, as part of the
initial training and continued education for such appointment, will be required
to attend the LEMIT program on racial profiling.
An individual appointed or elected
as a police chief before the effective date of this Act shall complete the
program on racial profiling established under Subsection (j), Section 96.641, Education Code, as added by this Act, not later than
Complaint Investigation:
1.
The department shall accept
complaints from any person who believes he or she has been stopped or searched based on racial,
ethnic or national origin profiling. No person shall be discouraged,
intimidated or coerced from filing a complaint, nor discriminated against
because he or she filed such a complaint.
2.
Any employee who receives an
allegation of racial profiling, including the officer who initiated the stop,
shall record the person's name, address and telephone number, and forward the
complaint to a Sergeant or the Chief. Any employee contacted shall provide to
that person information on the Department’s process for filing a complaint
[Appendix 1] and a copy of the Department’s formal complaint form [Appendix 2].
3.
Investigation of a complaint shall
be conducted in a thorough and timely manner.
The investigation will comply with the Department’s policy on employee
investigation (See policy B102).
4.
If a racial profiling complaint is
sustained against an officer, it will result in appropriate corrective and/or
disciplinary action, up to and including termination.
5.
If there is a departmental video
and/or audio recording of the events upon which a complaint of racial profiling
is based, upon commencement of an investigation by this department into the
complaint and written request of the officer made the subject of the complaint,
this department shall promptly provide a copy of the recording to that officer.
Public Education:
This department will inform the
public of its policy against racial profiling and the complaint process.
Methods that may be utilized to inform the public are the news media, radio,
service or civic presentations, the Internet, as well as governing board
meetings. Information will be made available as appropriate in languages other
than English.
Citation Data
Collection & Reporting:
An officer is required to collect
information relating to traffic stops in which a citation is issued. On the citation officers must
include:
1.
the violators race or ethnicity;
2.
whether a search was conducted;
3.
whether the search was consensual;
and
4.
whether the violator was arrested for the cited violation or any other
violation.
By March of each year, the
Department shall submit a report to the City Council that includes the information gathered by
the citations. The report will include:
1. a breakdown of citations by race or ethnicity;
2. number of citations that resulted in a search;
3. number of searches that were consensual; and
4. number of citations that resulted in
custodial arrest for this cited violation or any other violation.
Not later than March 1st of each year, the Department shall
submit a report to the City Council containing this information from the
preceding calendar year.
Use of Video &
Audio Equipment:
Each motor vehicle regularly used by
this department to make traffic and pedestrian stops is equipped with a video
camera and transmitter-activated equipment.
Each traffic and pedestrian stop
made by an officer of this department that is capable of being recorded by
video and audio, or audio, as appropriate, is recorded.
This department shall retain the
video and audiotapes, or the audiotape of each traffic and pedestrian stop for
at least ninety (90) days after the date of the stop. If a complaint is filed
with this department alleging that one of our officers has engaged in racial
profiling with respect to a traffic or pedestrian stop, this department shall
retain the video and audiotapes, or the audiotape of the stop until final
disposition of the complaint.
Supervisors will ensure officers of
this department are recording their traffic and pedestrian stops. A recording
of each officer will be reviewed at least once every ninety (90) days.
If the equipment used to record
audio and/or video of traffic or pedestrian stops is malfunctioning or other wise not operable, the officer making the stop will record
and report the following information:
a.
A physical description of each
person detained as a result of the stop, including the person's gender, race or
ethnicity as stated by the person or as determined by the officer to the best
of his/her ability.
b.
The street address or approximate
location of the stop. The suspected offense or the traffic law or ordinance
alleged to have been violated.
c.
Whether the officer conducted a
search as a result of the stop and, if so, whether the person detained
consented to the search.
d.
Whether probable cause to search
existed and, if so, the fact(s) supporting the existence of that probable
cause.
e.
Whether any contraband was
discovered in the course of the search and, if so, the type of contraband
discovered.
f.
Whether the officer made an arrest
as a result of the stop and/or search, and, if so, a statement of the offense
charged.
g.
Whether the officer issued a warning
or a citation as a result of the stop and, if so, a statement of the offense
charged.
The Department shall compile and
analyze the information contained in these individual reports. Not later than March 1st of each
year, the Department shall submit a report to the City Council containing the
information compiled from the preceding calendar year in a manner they
approve. This report will include:
1.
Comparative analyses of the
information contained in the individual reports in order to determine the
prevalence of racial profiling by officers in this Department; and examine the
disposition of traffic and pedestrian stops made by this Department’s officers,
including searches resulting from stops.
2.
Information relating to each
complaint filed with this department alleging racial profiling.
This report will not include
identifying information about a peace officer who makes a stop or about an
individual who is stopped or arrested by a peace officer.