1. BCCO PCT #4 PowerPoint AND Racial Profiling TCOLE Course # 3256 Participant Handout UNIT THREE George D. Little Deputy Chief, INTEL, Homeland Security & TRAINING

2. COURSE/LESSON OVERVIEW Participants will be able to identify the legal aspects of racial profiling.

3. Learning Objectives Learning Objective 3.0 Learning Objective 3.0 : The participant will understand the difference between racial profiling verses reasonable suspicion. Learning Objective 3.1 Learning Objective 3.1 :The participant will able to identify the elements of both inappropriate and appropriate traffic stops.

4. Learning Objective 3.2 Learning Objective 3.2 :The participant will be able to identify and explain DEA Operation Pipeline. Learning Objective 3.4 Learning Objective 3.4 :The participant will be able to identify elements of a traffic stop which would constitute reasonable suspicion of drug courier activity. Learning Objective 3.5 Learning Objective 3.5 :The participant will be able to identify elements of a traffic stop which could constitute reasonable suspicion of criminal activity.

5. 3.0 Racial Profiling verses Reasonable Suspicion 3.0 Racial Profiling verses Reasonable Suspicion. A. The consideration of race, ethnicity, or national origin by an officer of the law in deciding when and how to intervene in an enforcement capacity A. The consideration of race, ethnicity, or national origin by an officer of the law in deciding when and how to intervene in an enforcement capacity. Racial Profiling

7. racial profiling disproportionately solely on B. The most common form of racial profiling occurs when police stop, question, and search African American, Hispanic American, or members of other racial minorities disproportionately based solely on the individuals' _____ or __________.. Most Common Racial Profiling

9. What is a “PROFILE” ? C. characteristics which we arbitrarily ascribe to human behavior or to a social situationand by which we judge, evaluate, and categorize people, places, and things C. A profile is a set of characteristics which we arbitrarily ascribe to human behavior or to a social situation, and by which we judge, evaluate, and categorize people, places, and things. These characteristics are derived from our life experiences, and are applied either consciously or subconsciously.

10. naturally derived from our work experiences as law enforcement officers interact with, particularly the criminal element D. Profiling, as a criminal investigation tool, is naturally derived from our work experiences as law enforcement officers. We intuitively form __________ regarding people we professionally interact with, particularly the criminal element.

11. From these associations, we develop a ____________ profile of certain characteristics that are habitually associated with specific acts of criminal behavior.

12. E. Modis Operandi E. Essentially, Modis Operandi (MO), or methods of operation, and criminal profiles are closely related concepts. Based on a criminal’s MO, an experienced and insightful investigator, particularly a specialist, can usually formulate a reasonably accurate _________of the perpetrator.

13. F. Reasonable ____________ specific facts and circumstances F. Reasonable ____________ is a term used to describe if a person has been or will be involved in a crime based on specific facts and circumstances must be able to explain In order to stop a vehicle, for instance, a police officer must be able to explain that a traffic violation or a criminal act had occurred.

14. Reasonable suspicion F. Cont’d If you cannot __________ the reason(s) for the stop, you probably don’t have grounds for a legal stop in the first place F. Cont’d : is something less than probable cause, but is more than a vague suspicion, an unexplainable hunch, or a “gut feeling.” If you cannot __________ the reason(s) for the stop, you probably don’t have grounds for a legal stop in the first place.

15. Articulate the “FACTS” G. in writing G. To validate and justify a traffic stop or a street field interview, you must be capable of reasonably and intelligently ________________, verbally and in writing, the basis for the stop.

16. G. persuasively explain or demonstrate to a court that you had probable cause to stop the vehicle or person in the first place reasonable suspicion for any further detaining or investigative actions you conducted following the stop G. Cont’d: Articulating simply means you must be able to persuasively explain or demonstrate to a court that you had probable cause to stop the vehicle or person in the first place, and that you had reasonable suspicion for any further detaining or investigative actions you conducted following the stop.

17. 3.1 Elements of Appropriate and Inappropriate Traffic Stops A. __________ A. __________ and __________ are the keys to professional police work, especially in confronting citizens in proactive field stops; anything less is ethically and professionally unacceptable. APPROPRIATE STANDARD

18. B. ends justify the means attitude even if it’s the wrong thing B. Police work, by its very nature, however, can be driven by a ______- ________ determination to just getting the job done; an “ ends justify the means attitude ”. This is personified by the old cop adage: “Do something take some kind of action even if it’s the wrong thing.” INAPPROPRIATE

19. “There is no right way to do a wrong thing”

20. Race-Based Complaints (Vehicle Stops) C. C. Most race-based complaints come from vehicle stops, often since ____________ is used as an inappropriate substitute for drug courier profile elements

21. DWB Driving While Black Driving While Brown D. " DWB " – "Driving While Black" a nickname for the public perception that a Black person may be stopped solely because of their race (especially with the suspicion that they are a drug courier), often extended to other minority groups or activities as well ("Driving While Brown," "Flying While Black," etc.)

22. E. A typical traffic stop resulting from racial profiling 1. The vehicle is stopped on the basis of a minor or contrived traffic ____________ which is used as a pretext for closer inspection of the vehicle, driver, and passengers

23. E. A typical traffic stop resulting from racial profiling 2. The driver and passengers are ________________ about things that do not relate to the traffic violation

24. E. A typical traffic stop resulting from racial profiling 3. The driver and passengers are __________ out of the vehicle

25. E. A typical traffic stop resulting from racial profiling 4. The officers ________ check all observable parts of the vehicle

26. E. A typical traffic stop resulting from racial profiling 4. The officers proceed on the assumption that ____ ________ work is involved by detaining the driver and passengers by the roadside

27. E. A typical traffic stop resulting from racial profiling 5. The driver is asked to _________ to a vehicle search – if the driver refuses, the officers use other procedures such as

28. E. A typical traffic stop resulting from racial profiling - 5. such as a.waiting on a _________ unit, b.criminal record _________, c.license-plate ________, etc., All the while _______________ the driver (with the threat of detaining him/her, obtaining a warrant, etc.)

30. 3.2 Elements of a traffic stop constituting reasonable suspicion of drug courier activity A. Drug courier profile (adapted from a profile developed by the DEA)

31. U.S. Drug Enforcement Administration A. – Cont’d: In 1986, the DEA instituted “_________ _________,” a highway drug interdiction program, which has since trained state and local police agencies in the use of pretext traffic stops in order to find drugs in vehicles.

32. B. B. The techniques suggested by the DEA include the following ______, or _________ of highway drug smuggling: 1. Use of car air ____________ to discourage drug-sniffing canines 2. Overt signs of driving long hours without stop, such as food _______ and beverage _____ in the car, days- old facial beards, and disheveled clothing

33. DEA clues, or indicators of highway drug smuggling: 3. Use of _______ vehicles 4. Driver is a young male, usually __- __ years; the age group which experience has shown to be the most likely drug courier. 5. No visible ____________ in the vehicle

34. DEA clues, or indicators of highway drug smuggling: 6. Driver attempted to _____ or _____ the police by operating either recklessly, or even overly-cautiously 7. Unusual driver ____________ and anxiety

35. C. C. The DEA and local police agencies vigorously deny that race or ethnicity is a factor in drug courier profiles. These agencies say they neither teach nor condone racial profiling. If and when it does occur, they infer it is the result of over-_______ or errant officers, the proverbial “bad apples” or “______ cop” cliché. MASKING THE TRUTH

36. D. Other Signs – cues or indicators used by civilian state, county and local law enforcement agencies. Copies DEA Standards

37. 1.Driver is nervous or anxious beyond the ________ anxiety and cultural communication styles 2. Signs of ______-term driving (driver is unshaven, has empty food containers, etc.) 3. Vehicle is ________ 4. Driver is a young male, ___-___

38. 5. No visible _________, even though driver is traveling 6. Driver was over-reckless or over- ________ in driving and responding to signals 7. Use of air ____________ 8. Payment of ________ in cash 9. Traveling under an _______

39. 10. Traveling to and from a known drug ________ location. 11. Leaving false call back _______ with ticketing agent. 12. Excessive travel to drug-______ or distribution ________, i.e. frequent trips to Mexico (with no family ties there).

40. E. Drug courier activity indicators by themselves are usually not sufficient to justify a stop

41. 3.3 Identify elements of a traffic stop which could constitute reasonable suspicion of criminal activity Thinking about the totality of circumstances in a vehicle stop A. Thinking about the totality of circumstances in a vehicle stop

42. Vehicle exterior B. Vehicle exterior 1. Non-standard _________ (esp. on a new vehicle) 2. Signs of hidden ______ (heavy weight in trunk, windows do not roll down, etc.) 3. Unusual license ________ suggesting a switch (dirty plate, bugs on back plate, etc.)

43. Vehicle exterior B. Vehicle exterior 4. Unusual circumstances (pulling a ________ at night, kids' bikes with no kids, etc.)

44. Pre-stop indicators C. Pre-stop indicators 1. Not consistent with traffic _____ 2. Driver is overly ___________, or driver/passengers repeatedly look at police car signaled to stop 3. Driver begins using a car- or cell-phone when signaled to stop

45. Pre-stop indicators C. Pre-stop indicators 4. Unusual pull-over _________ (ignores signals, hesitates, pulls onto new street, moves objects in car, etc.) 5. Traveling to and from _______ smuggling suspected location.

46. Vehicle interior D. Vehicle interior 1. Rear seat or interior panels have been _________, there are tools or spare tire, etc. 2. _____________ items (anti- theft club with a rental, unexpected luggage, etc.)

47. 3.4 Interpersonal Communications (Key) A. a police officer’s most important attribute A. Effective _____________ skills can be a police officer’s most important attribute. This is particularly so when engaged in a traffic stop or a field interview on the street. A few particulars…:

48. A. A. Effective communication skills: 1. Approach the citizen in a open, __________ manner if at all possible. Keep your body language assertive, but non-__________. If appropriate, introduce yourself.

49. A. A. Effective communication skills: 2. Remember, the key elements in any stop are ________ and _______. Sometimes it’s difficult to be courteous, but you should always be civil Sometimes it’s difficult to be courteous, but you should always be civil.

50. A. A. Effective communication skills: 3. Tell the citizen why you stopped him. Unless it’s patently obvious, the citizen has a right to know and you are ______________ obligated to inform him, without any hostility or posturing on your part. 4. Avoid any excessive small-_____ or inappropriate questioning.

51. A. A. Effective communication skills: 5. Be ______ and to the point. Don’t detain anyone beyond the time needed to effect the necessary enforcement action or otherwise clarify a situation Don’t detain anyone beyond the time needed to effect the necessary enforcement action or otherwise clarify a situation.

52. A. A. Effective communication skills: 6. Keep your physical, or non-verbal indicators ________ and _________, such as your: a. ____ contact b. ________ c. Position of _________ d. Facial ______________

53. A. A. Effective communication skills: 7. According to studies conducted in several states, the number one citizen complaint about police officers is the officer’s __________conduct. By comparison, only about one- fourth of the complaints filed against police officers dealt with excessive force issues By comparison, only about one- fourth of the complaints filed against police officers dealt with excessive force issues.

54. A. A. Effective communication skills: 8. Speak civilly and in a moderate tone. how officers speak to them Citizens seem more concerned about how officers speak to them, than by what the officer actually says. gruff or condescending tone of voice Citizens are particularly aggrieved by what they perceive as an officer’s gruff or condescending tone of voice.

55. A. A. Effective communication skills: 9. ________ actively. Communication is a two-part process and listening is the other half. Regardless of the type of person you’re dealing with, stay focused and concentrate on what they’re saying (…or not saying).

56. B. B. CPR for Professionalism: 1. _____________ – A state of affairs characterized by tolerance, kindness, consideration, and understanding. Civility can be expressed by positive action, or even inaction, as when police officers refrain from over-reacting to verbal outbursts from angry citizens Civility can be expressed by positive action, or even inaction, as when police officers refrain from over-reacting to verbal outbursts from angry citizens.

57. B. B. CPR for Professionalism: 2. _______________ – In a broad sense, a concept of excellence or a continual striving for excellence. Its core elements include technical knowledge, moral judgments, a client- oriented practice, considerable discretion given to practitioners, and most importantly, an acknowledgement that policing is a

58. B. B. CPR for Professionalism: duty bound to respond 2. ________________ – Cont’d: “moral call” profession, in which members are duty bound to respond, whenever and wherever called, regardless of who calls them.

59. B. B. CPR for Professionalism: 3. ____________ – The self-control exercised by officers and their selection of the least intrusive means of accomplishing a legitimate police objective.

60. C. Police cannot ascribe certain behavior traits to a person or a group merely on the basis of their ______ or __________ background. If police action is taken, it must be because the person in question has violated a ______, not because he or she is of a particular race, ethnicity, or gender. REMEMBER YOUR LAW ENFORCEMENT ETHICS

61. what people do Police can only intervene on the basis of what people do, not on what they look like.

62. Instructors Experience is not an affirmative defense against prosecution The “ RACE CARD ” is often played against law enforcement to defer or mask one’s actions; however it is not an affirmative defense against prosecution for one’s overt criminal activities.

63. Respect RESPECT RESPECT is a two-way street, if one wants Respect one must give RESPECT, despite the color of one’s skin or ethnicity. Simply put “Do unto other as you would have them do unto you”. all Our duty and responsibility is to protect the flock against all would be perpetrators and predators. Matthew 7:12

64. RACISM Our government and our media are the biggest perpetrators and promoters of furthering “ RACISM ” in our country. It is our duty, responsibility and accountability to STOP RACISM and treat every American as an equal.

65. all Americans One over-zealous racist (bigot) peace officer can taint all of us for years to come. Justice and Equality are for all Americans and it has nothing to do with race or ethnicity. What is your view – opinion?

66. 4.0 Best Practices for Vehicle Stops A. Some officer best-practices for vehicle stops: 1. Always inform the driver of the -- _________ for the stop. Speak slowly and clearly.

67. A. Some officer best-practices for vehicle stops: 2. Describe the violation in terms of what the vehicle was ________, not what the driver did. This non- accusatory approach can often enhance officer-driver rapport. 3. Ask the driver for the reason for the __________; allow them to vent/offer a stress-reducing explanation.

68. A. Some officer best-practices for vehicle stops: 4. Provide _____________. After you obtain their license and registration, tell (explain to) them that you are going back to your police vehicle to review their documents and advise them to remain in their vehicle.

69. A. Some officer best-practices for vehicle stops: 5. Calm any children in the stopped vehicle that may be visibly apprehensive of the presence of a police officer.

70. Proactive traffic enforcement that is race or ethnic-based is neither legal: consistent with democratic ideals, values, and principles of American policing B. Again, it’s worth repeating: Proactive traffic enforcement that is race or ethnic-based is neither legal: consistent with democratic ideals, values, and principles of American policing; nor in any way a legitimate and defensible public protection strategy.

71. but/ C. Use the but/for test to determine if a stop was based on _________ profiling. Say to yourself, But for this person’s race, ethnic heritage, gender, religious or sexual preference, would this driver have had this encounter with me?

72. violation of the person’s Constitutional rights C. Cont’d: If the answer is that they would not, then this was a profile stop and most likely a violation of the person’s Constitutional rights. US Department of Justice, NHTSA, Strengthening the Citizen and Police Partnership at the Traffic Stop: Professionalism is a Two-Way Street, (Draft) Washington, DC, Aug.14, 2000, p. 8. Ibid.

73. SUMMARY What did you learn?What did you learn? How will you apply what you’ve learned?How will you apply what you’ve learned? DEFINE & PROCESS UNIT THREEDEFINE & PROCESS UNIT THREE

74. DEFINE & PROCESS Process: Define: Define: Explain the difference between reasonable suspicion and racial profiling.

75. DEFINE & PROCESS Process: Define: Define: Explain the elements of both inappropriate and appropriate traffic stops.

76. DEFINE & PROCESS Process: Define: Define: Explain elements of a racially- motivated traffic stop for drug courier activities.

77. DEFINE & PROCESS Process: Define: Define: Explain elements of a traffic stop which would also constitute reasonable suspicion of criminal activity.

78. DEFINE & PROCESS Process: Define: Define: Explain elements and importance of good communication skills, professionalism and ethics when confronting the public.

79. SOURCES All Course Sources and/or Resources are listed in your Participant Handout RACIAL PROFILING Bexar County Constable Office PCT #4 TCOLE # 3256

80. Questions?

81. “Knowledge is “POWER” Stay informed, stay SAFE, stay Vigilant & stay Alive”

82. TAKE A 15-MINUTE BREAK