600-42 Racial Profiling Prohibited Flashcards
Racial Profiling.
Any law enforcement-initiated action based solely on an individual’s race, ethnicity, or national origin rather than on the individual’s behavior or information identifying the individual as having engaged in criminal activity.
Racial profiling pertains to any law enforcement-initiated action based on an _____. The policy 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 _____.
1) individual’s race, ethnicity, or national origin
2) part of the description of a specific suspect for whom an officer is searching
The term racial profiling is not relevant as it pertains to…
witnesses, complainants, or other citizen contacts.
DATA COLLECTION OF MOTOR VEHICLE STOPS
The Code of Criminal Procedure (CCP), Articles 2.132 and 2.133, mandate the collection of specified data for motor vehicle stops conducted by peace officers. The CCP delegates the responsibility to collect such data for all law enforcement agencies in the state of Texas to the _____.
Texas Commission on Law Enforcement (TCOLE)
DATA COLLECTION OF MOTOR VEHICLE STOPS
Officers shall document the_____ by entering the required collected data into one of the above listed data collection systems. Additionally, any _____ who becomes a part of the stop through arrest, search, or ticketing shall be documented. For example, an officer stops a vehicle with numerous occupants for running a red light. The violation observed is for the driver and, unless the officer expands the stop to include the passengers, only the driver would be documented.
1) driver of every motor vehicle stopped
2) passenger
Stop Dispositions: Arrests and Tickets
An arrest means the subject was _____. Citations shall be documented as _____ and not as Arrested. In those specific cases in which a person involved in a stop has been arrested and issued a citation, the disposition _____ shall be used.
1) taken into custody to be placed in jail or transferred to another agency
2) Ticketed
3) Arrested and Ticketed
Occupant Type
An occupant is either a ____or a ____. These are the only permissible entries. In the Demographic Tracking Module, this field is called Occupant Location.
1) driver
2) passenger
DATA REPORTING
Data collected from motor vehicle stops pursuant to this General Order shall be compiled, analyzed, and placed in a report format by the department’s ____.
The report shall be completed in such a time frame that it shall be reviewed by the Chief of Police and forwarded to the Mayor, City Council, and TCOLE prior to ____ following the calendar year in which the data is collected.
The annual reports compiled pursuant to this section of the General Order shall not include _____ or about an ____.
1) Office of Planning
2) March 1st
3) identifying information about a peace officer making a motor vehicle stop
4) individual who is stopped or arrested by a peace officer
COMPLAINT PROCESS
The department shall accept complaints from any person who believes he or she has been _____.
No person shall be discouraged, intimidated, or coerced from filing such a complaint, or _____ because he or she filed such a complaint.
1) stopped, searched, or inappropriately ticketed or arrested based on racial profiling
2) discriminated against
COMPLAINT PROCESS
Employees and supervisors shall report any____ they observe.
racial profiling practice
COMPLAINT PROCESS
The ____ shall investigate allegations of racial profiling. If a video or audio recording of all or any part of the detention giving rise to the allegation was made, a copy of the recording shall be promptly made available to the employee who is the subject of the complaint upon _____
1) Internal Affairs Division
2) written request by the employee.
COMPLAINT PROCESS
Data collected pursuant to this General Order shall not constitute ____ evidence of racial profiling. Any employee found to have engaged in racial profiling shall be subject to corrective action or discipline up to and including indefinite suspension.
prima facie