Traffic Law Enforcement and Racial Profiling:

1. Traffic Law Enforcement and Racial Profiling: Transportation leadership you can trust. An Important Issue Affecting Public Trust in the Police presented to2008 Highway Safety Summit, Boise, Idaho presented byLowell M. Porter, Senior Associate Cambridge Systematics, Inc. May 13, 2008

2. Introduction: • Presentation overview • Surface transportations impact on the public • Racial profilings impact on law enforcement • Issues impacting public trust in law enforcement • Lessons learned from the past • What can be done in the future?

3. The Impact of Surface Transportation on the Public: • In the United States, more people are killed annually in traffic crashes than are murdered (FBI - 2006). • This represents over 42,000 lives lost each year in traffic crashes (NHTSA - 2006). • Traffic crashes are the leading cause of death for citizens between the ages of 4 and 34 (Center for Disease Control - 2006) • Therefore, traffic safety initiatives and related traffic law enforcement activities receive high priority in local communities.

4. The Impact of Surface Transportation on the Public: • Few government services touch the lives of nearly every person in the U.S. as often or critically as does the surface transportation system. • Therefore, no other activity engages the public with the police more frequently than traffic law enforcement.

5. The Impact of Traffic Law Enforcement on the Public: • These initiatives receive mixed support from the public, much of which is dependent on how the public is informed of their need, the enforcement strategies to be used, and their intended outcomes. • Traffic enforcement initiatives require ongoing work by the police, and significant resources to be effective. • Annually in America police officers conduct over 19 million traffic stops with the motoring public (Bureau of Justice Statistics– 2006). • This represents over 52% of all contact between the public and the police each year.

6. The Impact of Traffic Law Enforcement on the Public: • During these traffic stops 1.3 million searches were conducted, with contraband found in 13% of these cases. • Law enforcement generates a significant amount of criminal interdiction as a result of traffic stops. • Application of enforcement initiatives is highly discretionary – when, where, why, how. • Therefore, their application can raise concern as to the true intent, improved traffic safety vs. criminal interdiction (pre-textual stops). • This is a significant issue with the public and the courts.

7. Racial Profiling’s Impact on Law Enforcement • Since the late 1990’s the issue of racial profiling, or biased policing, has become a significant issue with the public, the media, and the courts. • Prominent cases stemming from traffic stops and excessive use of force resulted in major law suits (both civil and criminal), consent decrees with the Department of Justice, and sweeping changes in police policies and procedures. • The cumulative affect of these cases, in many communities has fractured the foundation of trust between the public and the police.

8. Racial Profiling’s Impact on Law Enforcement • Several of the cases were based on statistical analysis of traffic stop data, by racial categories, and used to make a case for racially biased enforcement. • Several of these initial studies were rudimentary in nature, and drew broad conclusions which significantly impacted the publics trust in the police. • Some of these cases resulted in the Department of Justice conducting investigations, and resulted in Consent Decrees being entered into.

9. Racial Profiling’s Impact on Law Enforcement • These events caused many law enforcement agencies to rapidly build data collection and accountability systems while under a cloud of misconduct they could not disprove-prove. • The response has been to carefully define what racial profiling or biased policing is, and how to accurately analyze traffic stop data to prove or disprove its existence within a law enforcement agency. • Policing in America continues to make progress in this regard, and needs to in order to maintain the confidence and support of the public they serve.

10. Racial Profiling’s Impact on Law Enforcement • This sequence of events led to significant changes in police policy and procedures regarding traffic law enforcement programs, traffic stop data collection, analysis, and reporting. • It also resulted in numerous pieces of legislation prohibiting racial profiling (biased policing), requiring traffic stop data collection, analysis, and reporting. • Required training for police officers; and • Changed requirements for filing complaints and investigation of alleged misconduct. • The setting of formal policy statements by the professional policing organizations like the IACP.

11. Important Lessons Learned • Racial profiling has two distinct facets: • The aggregate experience – traffic stop data analysis • The individual experience – a traffic stop with the police • Either of these cannot explain the other! • However, both are equally important when addressing allegations of racial profiling or biased enforcement. • Law enforcement must work to remain accountable in both facets, with equal resolve.

12. Important Lessons Learned • The public does not recognize the difference between uniforms and sees the police as the police. • The issue of racial profiling or biased policing cannot be adequately addressed by stating “Trust us, this is not occurring in our agency!” • The public, the media, and elected officials expect much more than that – data collection, analysis, reporting and a responsive citizen complaint processes.

13. Important Lessons Learned • Minority communities strongly desire that law enforcement agencies take a proactive approach to relationship building and regular communication, during the normal course of business, as opposed to when things go bad. • This message is heard consistently from community leaders community groups, and individuals from minority communities!

14. Important Lessons Learned • A significant amount of issues surrounding racial profiling can be resolved through proactive and on going communications between the police, the public at large, community groups/leaders, elected officials, and the media: • Relationship building • Problem identification and solutions • Information exchange on enforcement strategies, goals and objectives • Policy setting • Sharing of resources

15. Important Lessons Learned • Developed scientifically valid methods (both quantitative and qualitative) for collecting, analyzing and reporting traffic stop data. • Ways law enforcement leaders can effectively use this information to answer questions, be accountable to the public, media and elected officials, and build stronger relationships. • Use this research to improve the delivery of police services and develop and refine agency policies.

16. Important Lessons Learned • Therefore, build and maintain public trust and confidence in law enforcement. • Protect officers from false allegations of misconduct.

17. What Should Be Done in the Future? • Learn from law enforcements collective experience over the past, and benefit from it. • Take a proactive approach to working with communities to build an open and collaborative relationship to improve trust, and therefore improve the delivery of law enforcement services. Do this on a regular and consistent basis. • Not be afraid to answer allegations which question agency operations and motives. • If things have not gone well, acknowledge it, and clearly state what is being done to correct the situation.

18. What Should Be Done in the Future? • Do not rely on the statement of “Trust us, this is not occurring in our agency!” • Remember that just because someone makes an allegation that sounds ridiculous to you, does not mean that they are wrong or not telling the truth. • Remember that peoples perceptions are their reality, which may be the result of a lack of information about your agency. • Good communications goes a long way to resolving this.

19. Most Important Lesson Learned • That a significant amount of the issues surrounding racial profiling and biased policing stem from individual contacts the public has with the police. • Therefore, trust is earned and lost each time we interact with the public. • Building trust and confidence in the police is an on going process and should receive constant attention. • A proactive and concerted effort in this regard will build a foundation of trust that can withstand instances that go very bad.

20. Closing Thoughts • Always remember that what you do each day matters! • It may be in the life of just one person, but it is still very important! • A focused and integrated approach to problems solving results in a better solution than a isolated effort. • Traffic law enforcement and criminal interdiction are not mutually exclusive, but rather are complimentary.

21. Questions

22. Contact Information Lowell M. Porter Cambridge Systematics 253-439-0585 lporter@camsys.com