RACIAL PROFILING POLICY
MIDLAND COUNTY, TEXAS
CONSTABLES OFFICE PRECINCT #3
Ted Macklin, CONSTABLE
The purpose of the policy is to reaffirm the MIDLAND COUNTY,TEXAS CONSTABLES OFFICE, PCT#3’S commitment to unbiased policing in all its encounters between officers 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.
IT IS THE POLICY OF MIDLAND COUNTY TEXAS CONSTABLES OFFICE, PCT#3 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 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 SEARCH AND SEIZURES BY GOVERNMENT AGENTS. THE RIGHT OF ALL PERSONS TO BE TREATED EQUALLY AND TO BE FREE FROM UNREASONABLE SEARCH AND SEIZURES MUST BE RESPECTED. RACIAL PROFILING IS AN UNACCEPTABLE PATROL TACTIC AND WILL NOT BE CONDONED NOR TOLERATED
THIS POLICY SHALL NOT PRECLUDE OFFICERS FROM OFFERING ASSISTANCE, SUCH AS UPON OBSERVING A STRANDED MOTORIST, 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.
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 used of race, ethnicity or national origin as factors in a detention decision. Race, ethnicity or national origin in 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 because of that individual’s race, ethnicity or national origins are racial profiling. Examples of racial profiling include but are not limited to the following:
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.
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 posses that specific make or model of vehicle.
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 specific place .
We can derive at two principles from the adoption of this definition of racial profiling:
MIDLAND COUNTY, TEXAS CONSTABLES OFFICE, PCT #3 may not used racial or ethnic stereotypes as factors in selecting whom to stop and search, while law enforcement may used race in conjunction with other known factors of the suspect.
MIDLAND COUNTY, TEXAS CONSTABLES OFFICE, PCT #3 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 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.
MIDLAND COUNTY, TEXAS CONSTABLES OFFICE, PCT #3 are responsible to adhere to all Texas Commission on Law Enforcement Officers 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 ho later that the second anniversary of the date the officer is licensed under Chapter 1701 of the Texas Occupations Code or the date the officers 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 that September 1,2003.
The CONSTABLE, 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 as a DEPUTY CONSTABLE 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 that September 1,2003.
V. COMPLAINT INVESTIGATION
The MIDLAND COUNTY, TEXAS CONSTABLES OFFICE, PCT #3 accepts 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.
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 through the appropriate channel or direct the individual(s). Any employee contacted shall provide to that person a copy of a complaint form or department process for filing a complaint. All employees will report any allegation of racial profiling to their superior before the end of their shift.
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 CONSTABLE. When applicable, findings and/or suggestions for disciplinary action, retraining, or changes in policy shall be field with the CONSTABLE.
If a racial profiling complaint is sustained against an officer, it will result in appropriate corrective action and/or disciplinary action,upto and including termination
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 OFFICE into the complaint and written request of the officer made the subject of the complaint, this OFFICE shall promptly provide a copy of the recording to that officer.
VI. PUBLIC EDUCATION
This OFFICE 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 new 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 AND REPORTING
An officer is required to collect information relating to traffic stops in which a citation is issued. On the citation officers must include:
The violators race or ethnicity;
whether a search was conducted;
Was the search consensual?
Arrest for this cited violation or any other violation.
Not later than March of each year, this OFFICE shall submit a report to the county commissioner’s court a report that includes the information gathered by the citation. The report will include:
a breakdown of citations by race or ethnicity
number of citations that resulted in a search
number of searches that were consensual
number of violations that resulted in custodial arrest for this cited violation or any other violation.
Not later than March 1st of each year, this OFFICE shall submit a report to the county commissioners containing this information from the preceding calendar year.
VII. USE OF VIDEO AND AUDIO EQUIPMENT
Each motor vehicle regularly used by this OFFICE 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 OFFICE that is capable of being recorded by video and audio, or audio, as appropriate, is recorded.
This OFFICE 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 OFFICE alleging that one of our deputy constables has engaged in racial profiling with respect to a traffic stop or pedestrian stop, this OFFICE shall retain the video or audiotapes, of the audiotapes of the stop until final disposition of the complaint.
Supervisors will ensure DEPUTY CONSTABLES of this OFFICE is recording their traffic and pedestrian stops. A recording of each DEPUTY CONSTABLE will be reviewed at least once every ninety days.
- IF THE EQUIPMENT USED TO RECORD AUDIO AND/OR VIDEO OF TRAFFIC OR PEDESTRIAN STOP IS MALFUNCTIONING OR OTHERWISE NOT OPERABLE, THE DEPUTY CONSTABLE MAKING THE STOP MAY PROPERLY RECORD THE INFORMATION AS REQUIRED IN POLICY B ( RECORDING INFORMATION WHEN A VIDEO/AUDIO EQUIPMENT IS NOT AVAILABLE)
COLLECTION AND REPORTING INFORMATION GATHERED FROM TRAFFIC AND PEDESTRIAN STOPS
A DEPUTY CONSTABLE who stop a motor vehicle for alleged violation of a law of ordinance regulating traffic, or who stops a pedestrian for any suspected office, shall record and report the following information:
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 CONSTABLE to the best of his/her ability
The streets address or approximate location of the stop. The suspected offense or the traffic law or ordinance alleged to have been violated.
Whether the officer conducted a search as a result of the stop and , if so, whether the person detained consented to the search.
Whether any contraband was discovered in the course of the search and, if so, the type of contraband discovered.
Whether probable cause to search existed and, if so, the facts supporting the existence of that probable cause.
Whether the DEPUTY CONSTABLE made an arrest as a result of the stop and/or search, and, if so, a statement of the offense charged.
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 OFFICE 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 the county commissioners containing the information compiled from the preceding calendar year.
This report shall include:
a comparative analysis of the information contained in the individual reports in order to:
Determine the prevalence of racial profiling by the DEPUTY CONSTABLES of this OFFICE; and
Examine the disposition of traffic and pedestrian stops made by this Office’s DEPUTY CONSTABLES, including searches resulting from stops.
This report will not include identifying information about a DEPUTY CONSTABLE who makes a stop or about an individual who is stopped or arrested by a peace officer. Neither will this report include any contacts made as a result of an execution of a writ or citation.
POLICY CHANGES MAY BE MADE WHEN REQUIRED BY EITHER LEGISLATIVE OR ADMINISTRATIVE ORDER.
ANGEL HERNANDEZ, CONSTABLE PCT#3
MIDLAND COUNTY, TEXAS