I. PURPOSE
The purpose of the policy is to
reaffirm the Humble ISD 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
our officers from unwarranted accusations of misconduct when
they act within the dictates of departmental policy and the
law.
II. POLICY
It is the policy of this department
to police in a proactive manner and to aggressively
investigate suspected violations of 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 shall be 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 both the United States and Texas constitutions are equal
protection under the law and freedom from unreasonable
searches and seizures by government agents. The right of
all persons to be treated equally and to be free from
unreasonable searches and seizures must be respected.
Racial profiling is an unacceptable patrol tactic and will
not be condoned.
This policy shall not preclude
deputies 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.
III. 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 decision 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:
1.
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.
2.
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.
3.
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 two principles from the adoption of this definition of
racial profiling:
1.
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.
2. 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 decent, 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 peace officer
that stops a motor vehicle for an alleged violation of a law
or ordinance regulating traffic.
IV. TRAINING
Officers are responsible to adhere to
all Texas Commission on Law Enforcement Officer Standards
and Education (TCLEOSE) training and the Law Enforcement
Management Institute of Texas (LEMIT) requirements as
mandated by law.
All officers shall complete a TCLEOSE
training and education program on racial profiling not later
than 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.
V. 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 deputy who initiated the stop, shall record
the person’s name, address and telephone number, and forward
the complaint through the appropriate channel or direct the
individual(s). Any employee contacted shall provide to that
person a copy of a complaint form or the department process
for filing a complaint. All employees will report any
allegation of racial profiling to their superior before the
end of their shift.
3.
Investigation of a complaint shall be conducted in a
thorough and timely manner. All complaints will be
acknowledged in writing to the initiator who will receive
disposition regarding said complaint within a reasonable
period of time. The investigation shall be reduced to
writing and any reviewer’s comments or conclusions shall be
filed with the Chief of Police. When applicable, findings
and/or suggestions for disciplinary action, retraining, or
changes in policy shall be filed with the Chief of Police.
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 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.
VI. 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. Additionally, information will be made available
as appropriate in languages other than English.
VII. 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
violator’s race or ethnicity;
2.
whether a search was conducted;
3. was
the search consensual; and
4.
arrest for this cited violation or any other violation.
By March of each year, the department
shall submit a report to their governing board 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, this department shall submit a report to our
governing body containing this information from the
preceding calendar year.
VIII. USE OF VIDEO AND AUDIO
EQUIPMENT
Some motor vehicles regularly used by
this department to make traffic and pedestrian stops is
equipped with a video camera and transmitter-activated
equipment; and
Each traffic and pedestrian stop made
in one of these vehicles 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 these
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.
If video and audio, or audio
equipment used for recording pedestrian and traffic stops is
malfunctioning or not in service for any reason, a deputy
who stops a motor vehicle for an alleged violation of a law
or ordinance regulating traffic, or who stops a pedestrian
for any suspected offense, shall record and report the
following information:
1. A
physical description of each person detained as a result of
the stop, including:
a) The
person’s gender;
b) The
person’s race or ethnicity, as stated by the person or as
determined by the deputy to the best of his/her ability.
2. The
street address or approximate location of the stop. The
suspected offense or the traffic law or ordinance alleged to
have been violated.
3.
Whether the deputy conducted a search as a result of the
stop and, if so, whether the person detained consented to
the search.
4.
Whether probable cause to search existed and, if so, the
fact(s) supporting the existence of that probable cause.
5.
Whether any contraband was discovered in the course of the
search and, if so, the type of contraband discovered.
6.
Whether the officer made an arrest as a result of the stop
and/or search, and, if so, a statement of the offense
charged.
7.
Whether the officer issued a warning or a citation as a
result of the stop and, if so, a statement of the offense
charged.
This department shall compile and
analyze the information contained in these individual
reports. Not later than March 1st of each year,
this department shall submit a report to our governing body
containing the information compiled from the preceding
calendar year in a manner they approve. This report will
include:
1. A
comparative analysis of the information contained in the
individual reports in order to:
a)
Determine the prevalence of racial profiling by deputies in
this department; and
b)
Examine the disposition of traffic and pedestrian stops made
by this department’s deputies, including searches resulting
from stops.
2.
Information relating to each complaint filed with this
department alleging racial profiling.
This report will not include any
identifying information about a peace officer who makes a
stop or about an individual who is stopped or arrested by a
peace officer.
