1. BCCO PCT #4 PowerPoint AND Racial Profiling TCOLE Course # 3256 UNIT THREE

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 raceethnicity 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' race or ethnicity.. 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 insights 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 insights regarding people we professionally interact with, particularly the criminal element.

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

12. E. Modis Operandi profile 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 profile of the perpetrator.

13. F. Reasonable suspicion specific facts and circumstances F. Reasonable suspicion 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 articulate 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 articulate the reason(s) for the stop, you probably don’t have grounds for a legal stop in the first place.

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

17. 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.

18. 3.1 Elements of Appropriate and Inappropriate Traffic Stops A. Competencefairness A. Competence and fairness are the keys to professional police work, especially in confronting citizens in proactive field stops; anything less is ethically and professionally unacceptable. APPROPRIATE STANDARD

19. B. single minded 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 single- minded 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

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

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

22. 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.)

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

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

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

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

27. E. A typical traffic stop resulting from racial profiling drugcourier 4. The officers proceed on the assumption that drug courier work is involved by detaining the driver and passengers by the roadside

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

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

31. 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)

32. U.S. Drug Enforcement Administration A. – Cont’d: In 1986, the DEA instituted “ Operation Pipeline,” 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.

33. B. B. The techniques suggested by the DEA include the following clues, or indicators of highway drug smuggling: fresheners 1. Use of car air fresheners to discourage drug-sniffing canines wrappers cans 2. Overt signs of driving long hours without stop, such as food wrappers and beverage cans in the car, days-old facial beards, and disheveled clothing

34. DEA clues, or indicators of highway drug smuggling: rental 3. Use of rental vehicles 20 35 4. Driver is a young male, usually 20- 35 years; the age group which experience has shown to be the most likely drug courier. luggage 5. No visible luggage in the vehicle

35. DEA clues, or indicators of highway drug smuggling: avoidelude 6. Driver attempted to avoid or elude the police by operating either recklessly, or even overly-cautiously nervousness 7. Unusual driver nervousness and anxiety

36. 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. zealous rogue If and when it does occur, they infer it is the result of over-zealous or errant officers, the proverbial “bad apples” or “rogue cop” cliché. MASKING THE TRUTH

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

38. ordinary 1.Driver is nervous or anxious beyond the ordinary anxiety and cultural communication styles long 2. Signs of long-term driving (driver is unshaven, has empty food containers, etc.) rented 3. Vehicle is rented 2035 4. Driver is a young male, 20-35

39. luggage 5. No visible luggage, even though driver is traveling cautious 6. Driver was over-reckless or over- cautious in driving and responding to signals fresheners 7. Use of air fresheners ticket 8. Payment of ticket in cash alias 9. Traveling under an alias

40. suspect 10. Traveling to and from a known drug suspect location. number 11. Leaving false call back number with ticketing agent. source locales 12. Excessive travel to drug- source or distribution locales, i.e. frequent trips to Mexico (with no family ties there). BR549

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

42. 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

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

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

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

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

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

50. 3.4 Interpersonal Communications (Key) A.communication a police officer’s most important attribute A. Effective communication 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…:

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

52. A. A. Effective communication skills: civilitycaution 2. Remember, the key elements in any stop are civility and caution. 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.

53. Things can escalate FAST And get out-of-control

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

56. A. A. Effective communication skills: brief 5. Be brief 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.

57. A. A. Effective communication skills: friendlyneutral 6. Keep your physical, or non-verbal indicators friendly and neutral, such as your: Eye a. Eye contact Stance b. Stance hands c. Position of hands expression d. Facial expression

58. A. A. Effective communication skills: verbal 7. According to studies conducted in several states, the number one citizen complaint about police officers is the officer’s verbal 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.

59. 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.

60. A. A. Effective communication skills: Listen 9. Listen 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).

61. B. B. CPR for Professionalism: 1. Civility – 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.

62. B. B. CPR for Professionalism: 2. Professionalism – 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

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

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

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

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

67. 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.

68. 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

69. 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.

70. 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?

71. 4.0 Best Practices for Vehicle Stops A. Some officer best-practices for vehicle stops: reason 1. Always inform the driver of the reason for the stop. Speak slowly and clearly.

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

73. A. Some officer best-practices for vehicle stops: instructions 4. Provide instructions. 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.

74. 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.

75. 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.

76. racial C. Use the but/for test to determine if a stop was based on racial 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?

77. 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.

78. 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

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