401 FAIR AND IMPARTIAL POLICING Flashcards
401.1 PURPOSE AND SCOPE
This policy is intended to reaffirm the commitment of the Berkeley Police Department to fair and impartial policing; to clarify the circumstances in which officers can consider race, ethnicity and other demographics; and to reinforce procedures that serve to assure the public that we are providing service and enforcing laws in an equitable way.
California Penal Code Section 13519.4(e) prohibits racial profiling by law enforcement officers. This policy explicitly prohibits racial profiling and other biased policing. This policy describes the limited circumstances in which members can consider race, ethnicity, national origin, gender, age, religion, sexual orientation/identity or socio-economic status in making law enforcement decisions.
Policy 401
401.1.1 DEFINITIONS
True or false
Definitions related to this policy include:
Bias-based policing:
Any police-initiated action that relies on the race, ethnicity or national origin rather than the behavior of an individual or information that leads the police to a particular individual who has been identified as being engaged in criminal activity.
True
401.2 POLICY
True or false
Investigative detentions, traffic stops, arrests, searches and property seizures by officers will be based on the officer discretion and opinion.
FALSE
answer:
401.2 POLICY
Investigative detentions, traffic stops, arrests, searches and property seizures by officers will be based on a standard of reasonable suspicion or probable cause. Officers must be able to articulate specific facts and circumstances that support reasonable suspicion or probable cause.
401.2 POLICY
True or false
Officers shall not consider race, ethnicity, national origin, gender, age, religion, sexual orientation/identity or socio-economic status in establishing either reasonable suspicion or probable cause, or when carrying out other law enforcement activities except when officers are:
Seeking specific person(s) who have been described in part by any of the above listed characteristics, or The person(s) are being sought for a specific law enforcement purpose.
Discrimination or harassment based on a trait or class described above is considered a “serious allegation” of misconduct.
True
401.3 RESPONSIBILITY TO REPORT AND TAKE CORRECTIVE ACTION
True or False
Employees who become aware of another employee engaging in biased policing shall adhere to reporting procedures set forth in the Discriminatory Harassment Policy.
A supervisor or command officer who becomes aware of biased policing shall adhere to notification and administrative procedures set forth in the Personnel Complaints Policy.
All reports of biased policing shall be investigated in accordance with the Personnel Complaints Policy.
True
401.4 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE
True or false
The Chief of Police or the authorized designee shall ensure that all data required by the California Department of Justice (DOJ) regarding complaints of racial bias against officers is collected and reported annually to the DOJ (Penal Code § 13012; Penal Code § 13020).
True
401.4.1 DEMOGRAPHIC DATA PROCEDURES
All sworn officers shall provide demographic statistical data once for each individual as listed below:
1) All vehicle and bicycle detentions.
2) All pedestrian detentions
3) Anytime anyone is detained, regardless of the cause
3) Anytime anyone is searched regardless of the cause.
4) Officers shall provide demographic statistical data pursuant to the requirements of the RIPA statute, AB 953.
401.5 ADMINISTRATION
Each year, the Operations Division Captain shall review the efforts of the Department to prevent racial or biased based profiling and submit an overview, including public concerns and complaints, to the Chief of Police.
The annual report should not contain any identifying information about any specific complaint, member of the public or officers. It should be reviewed by the Chief of Police to identify any changes in training or operations that should be made to improve service.
Supervisors should review the annual report and discuss the results with those they are assigned to supervise.
Policy
401.6 TRAINING
Training on racial or bias-based profiling and review of this policy should be conducted as directed by the Personnel and Training Bureau.
All sworn members of this department will be scheduled to attend Peace Officer Standards and Training (POST)-approved training on the subject of racial or bias-based profiling.
Pending participation in such POST-approved training and at all times, all members of this department are encouraged to familiarize themselves with and consider racial and cultural differences among members of this community.
Each sworn member of this department who received initial racial or bias-based profiling training will thereafter be required to complete an approved refresher course every five years, or sooner if deemed necessary, in order to keep current with changing racial, identity and cultural trends (Penal Code § 13519.4(i)).
Policy
