BPOC 736, Racial Profiling

Question 1

What does “racial profiling” mean as set out in CCP 3.05?

Answer 1

In this code, “racial profiling” means 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.

Question 2

What does “law enforcement agency” mean as set out in CCP 2.132?

Answer 2

Law enforcement agency means an agency of the state or of a county, municipality, or other political subdivision of the state that employs peace officers who make motor vehicle stops in the routine performance of the officers’ official duties.

Question 3

What does “motor vehicle stop” mean as set out in CCP 2.132?

Answer 3

Motor vehicle stop means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance.

Question 4

CCP 2.132(b) mandates each law enforcement agency must adopt a detailed written policy on racial profiling. What does it say must be included in this policy?

Answer 4

A racial profiling policy must: (1) include clearly defined acts constituting racial profiling; (2) strictly prohibit racial profiling; (3) implement a complaint process; (4) inform the public how to file a complaint; (5) require corrective action against any officer who engages in racial profiling; (6) require detailed information collection on traffic stops involving the writing of a ticket, issuance of a citation or warning, or an arrest to be used in a mandatory report to TCOLE

Question 5

Can the detailed information collected according to CCP 2.132(b)(6) be considered prima facie evidence of racial profiling

Answer 5

No

Question 6

Can the mandatory report created from the detailed data collection in CCP 2.132(b)(6) contain names of officers and/or citizens?

Answer 6

No

Question 7

According to CCP 2.132(f), if an internal investigation begins against an officer based on video evidence from backup cameras, does the agency have to promptly provide a copy of the video evidence to the officer?

Answer 7

Yes

Question 8

How does the agency use the data collected under CCP 2.132(b)(6)?

Answer 8

It is reviewed to determine where improvements could be made in practices and policies regarding traffic stops.

Question 9

What is covered in CCP 2.133?

Answer 9

Reports required for motor vehicle stops

Question 10

What is covered in CCP 2.134?

Answer 10

Compilation and analysis of information collected

Question 11

What is covered in CCP 2.136?

Answer 11

Liability for information collected in a motor vehicle stop

Question 12

What is covered in CCP 2.137?

Answer 12

Provision of funds for video equipment in traffic vehicles

Question 13

What is covered in CCP 2.138?

Answer 13

The DPS may adopt rules to implement Articles 2.131-2.137

Question 14

What is covered in CCP 2.1385?

Answer 14

Civil penalties for intentionally failing to submit the data required by CCP 2.134

Question 15

What is covered in Education Code 96.641(a)(k)?

Answer 15

Initial training and continuing education for police chiefs and command staff

Question 16

What is covered in Occupations Code 1701.253(c)(h)?

Answer 16

Training in civil rights, racial sensitivity, and cultural diversity

Question 17

What is covered in Occupations Code 1701.402(e)?

Answer 17

Adds racial profiling to the requirements for an intermediate proficiency certificate

Question 18

What is covered in Transportation Code 543.202(a)?

Answer 18

A definition of “race or ethnicity” as (1) Alaska native or American Indian; (2) black; or Pacific Islander; (3) black; (4) white; (5) Hispanic or Latino

Question 19

What is the conclusion from Whren v United States?

Answer 19

There is no realistic alternative to the traditional common-law rule that probable cause justifies a search and seizure.

Question 20

What is the conclusion from Terry v Ohio?

Answer 20

The Supreme Court of the United States held that it is a reasonable search when an officer performs a quick seizure and a limited search for weapons on a person that the officer reasonably believes could be armed.

Question 21

What is the conclusion from Pennsylvania v Mimms

Answer 21

The Court held that when an officer has made a lawful traffic stop, they may order the driver to exit the vehicle for their own safety. During this lawful encounter, the officer may conduct a pat-down search if they reasonably believe the individual may be armed and dangerous. This ruling applies only to routine traffic stops.

Question 22

What is the conclusion from Maryland v Wilson?

Answer 22

Chief Justice Rehnquist wrote the decision for the majority, holding that the public interest in officer safety outweighs the intrusion on a passenger’s liberty because: (a) Traffic stops can pose dangers to officers; (b) The presence of passengers increases the possible threat; (c) Ordering passengers out of the car creates only minimal additional intrusion; (d) The court reasoned that its 1977 ruling in Pennsylvania v Mimms applies to passengers as well as drivers.

Question 23

What is the conclusion from Graham v State?

Answer 23

Court holding that K-9 scan of vehicle for drugs was improper where it occurred after the driver was arrested for a traffic violation

Question 24

What is the conclusion in Pryor v State?

Answer 24

In the absence of a justification for continued detention that manifests itself during the period of time reasonably necessary for the officer to (1) investigate the driver’s sobriety and license status, (2) establish that the vehicle has not been reported stolen, and (3) issue a traffic citation, the Fourth Amendment prohibits a detention in excess of that period of time. In this case, whether the period of appellant’s detention is characterized as a “first” (traffic) stop followed by a “second” (drug investigation) stop or as a single stop that was justifiable for two different reasons, appellant was detained much longer than was reasonable. The evidence derived from that unreasonable detention was acquired in violation of his Fourth Amendment rights.

Question 25

What is the conclusion of Ferris v State?

Answer 25

Court holding that questioning an occupant of a car about possible criminal activity after completing a traffic stop constituted a second detention that was not supported by reasonable suspicion

Question 26

What is the conclusion of New York v Belton?

Answer 26

It was held that a lawful custodial arrest creates a situation justifying the contemporaneous warrantless search of the arrestee and of the immediately surrounding area. Not only may the police search the passenger compartment of the car in such circumstances, but they may also examine the contents of any containers found in the passenger compartment. And such a container may be searched whether it is open or closed, since the justification for the search is not that the arrestee has no privacy interest in the container but that the lawful custodial arrest justifies the infringement of any privacy interest the arrestee may have. Pp. 457-463.

Question 27

What is the conclusion of Brendlin v California?

Answer 27

Legal Issue: The central question was whether a passenger in a car stopped by police could challenge the legality of the stop under the Fourth Amendment. Decision: The Supreme Court held that when police make a traffic stop, a passenger in the car is seized for Fourth Amendment purposes and can indeed challenge the stop’s constitutionality. This ruling clarified that passengers have standing to assert their rights in such situations.

Question 28

What is the conclusion of Virginia v Moore?

Answer 28

Conclusion: The Court decided unanimously in favor of Virginia. In an opinion by Justice Antonin Scalia that was joined by seven justices, the Court held that because the Fourth Amendment was not written with the intent to incorporate individual states’ arrest statutes and because the arrest was based on probable cause, Moore had no constitutional grounds to have the evidence suppressed.

Question 29

What is the conclusion of Arizona v. Johnson?

Answer 29

The trial court denied Johnson’s motion to dismiss. On appeal, the Arizona Court of Appeals reversed, concluding that Johnson’s detention had evolved into a consensual encounter, because the police investigation into his gang affiliation was unrelated to the traffic stop. The Arizona Supreme Court denied review, and the U.S. Supreme Court granted certiorari.

Question 30

What did the Declaration of Independence state as the U.S. legal position?

Answer 30

(1) Governments are instituted among men, deriving their just powers from the consent of the governed, (2) It is the right of the people to alter or institute new government if they believe it is necessary, (3) Governments long established should not be changed for light and transient causes.

Question 31

What steps did America take prior to declaring independence from England?

Answer 31

(1) Listed their grievances and attempted to reach agreement, (2) Declaration of Independence

Question 32

Name the ethical beliefs stated in the Declaration of Independence.

Answer 32

(1) “One people,” (2) “All men are created equal,” (3) to secure these rights, Governments are instituted among men, deriving their just powers from the consent of the governed, (4) We, therefore, the representatives of the United States of America, in General Congress, Assembled, appealing to the supreme judge of the world, (5) For the support of this Declaration, with a firm reliance on the protection of divine providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor.

Question 33

Name the moral beliefs stated in the Declaration of Independence.

Answer 33

(1) Endowed by our creator with certain unalienable Rights – Life, Liberty, and the Pursuit of Happiness, (2) For the support of this Declaration, with a firm reliance on the protection of divine providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor.

Question 34

How has the Fourth Amendment to the Constitution been interpreted by the Supreme Court in recent years?

Answer 34

The Fourth Amendment declares a right to be free from unreasonable searches and seizures, but how this right translates into concrete terms is not specified. Several possible methods of enforcement have been suggested, but only one—the exclusionary rule—has been applied with any frequency by the Supreme Court, and Court in recent years has limited its application.

Question 35

How are most incidences of illegal search and seizure (according to the Fourth Amendment) usually punished?

Answer 35

A police officer who makes an illegal search and seizure is subject to internal departmental discipline, which may be backed up by the oversight of police review boards in the few jurisdictions that have adopted them, but, again, the examples of disciplinary actions are exceedingly rare.

Question 36

Are violations of illegal search and seizure punishable through civil tort lawsuits?

Answer 36

Yes

Question 37

Name the defenses available to Officers charged with violating the illegal search and seizures provision of the Fourth Amendment.

Answer 37

(1) Good faith claims, (2) Officers are entitled to qualified immunity where clearly established law does not show that the search violated the Fourth Amendment, or (3) where they had an objectively reasonable belief that a warrantless search later determined to violate the Fourth Amendment was supported by probable cause or exigent circumstances.

Question 38

What do courts consider the only effective enforcement method against illegal searches and seizures?

Answer 38

The Court has emphasized exclusion of unconstitutionally seized evidence in subsequent criminal trials as the only effective enforcement method.

Question 39

What ethical and moral statements are found in the Fourth Amendment to the Constitution?

Answer 39

Requests for search warrants must be supported by oath or affirmation by the requesting officer(s)

Question 40

What legal statements are found within the Preamble to the U.S. Constitution?

Answer 40

. . . “do ordain and establish this Constitution for the United States of America.”

Question 41

What ethical statements (statements referring to “the people” acting collectively) are found within the Preamble to the U.S. Constitution?

Answer 41

“We, the people of the United States…” ;“in order to form a more perfect union;” “establish justice;” “ensure domestic tranquility;” “provide for the common defense;” “promote the general welfare;” “secure the blessings of liberty to ourselves and our posterity”

Question 42

What moral statements (each person acting individually) are found within the Preamble to the U.S. Constitution?

Answer 42

“we, the people of the United States”

Question 43

What legal statements are found in the Pledge of Allegiance?

Answer 43

“to the flag of the United States of America” (the United States of America, the entity); “and to the republic for which it stands” (the republic is the legal entity); “one nation”

Question 44

What Ethical (the beliefs of the people as a group) beliefs are found in the Pledge of Allegiance?

Answer 44

“pledge allegiance” (as a group); “to the flag of the United States of America” (as a group); “indivisible” (when we stand together); “under God” (a unified belief that a god controls and protects the people; America was founded on freedom to worship the god of your choice, so the people may believe in different “gods” yet still believe their support and protection as a nation comes from God); “with liberty and justice for all.” (all the people)

Question 45

What Moral (the beliefs of each person individually) beliefs are found in the Pledge of Allegiance?

Answer 45

“I” – each person speaking for themselves; “pledge allegiance” (personally); “to the flag of the United States of America” (personally); “under God” (each individual’s commitment to their god); “with liberty and justice for all.” (me, individually)

Question 46

What does the Texas Constitution (Article 1, Bill of Rights, Section 9. Search and Seizures) have to say about illegal searches and seizures?

Answer 46

The people shall be secure in their persons, houses, papers, and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation. (Feb. 15, 1876.)

Question 47

What legal statements are made in the Texas Constitution (Article 1, Bill of Rights, Section 9. Search and Seizures) about illegal searches and seizures?

Answer 47

The people shall be secure in their persons, houses, papers, and possession;” “from all unreasonable seizures or searches”; ”and no warrant to search any place, or to seize anything, shall issue without describing them as near as may be;” “nor without cause;” “supported by oath or affirmation.” (the legal signature on the warrant)

Question 48

What ethical statements (referring to all citizens) are found in the Texas Constitution (Article 1, Bill of Rights, Section 9. Search and Seizures) about illegal searches and seizures?

Answer 48

The people (referring to all citizens)….; “supported by oath or affirmation.” (the solemn pledge or promise as a police officer)

Question 49

What Moral statements (referring to each person individually) are found in the Texas Constitution (Article 1, Bill of Rights, Section 9. Search and Seizures) about illegal searches and seizures?

Answer 49

The people (referring to “me”)…; “supported by oath or affirmation.” (the solemn pledge or promise as an individual)

Question 50

God sent Jesus to die for us (John 3:16)

Answer 50

For this is how God loved the world: “He gave his one and only Son, so that everyone who believes in him will not perish but have eternal life.”

Question 51

Jesus commands us to love one another as He loves us (John 13:34)

Answer 51

So now I am giving you a new commandment: Love each other. Just as I have loved you, you should love each other.

Question 52

God does not show partiality (Acts 10:34)”

Answer 52

Then Peter replied, “I see very clearly that God shows no favoritism.”

Question 53

The Bible describes those who discriminate as “judges with evil thoughts” (James 2:4)

Answer 53

“Doesn’t this discrimination show that your judgments are guided by evil motives?”

Question 54

Love our neighbors as ourselves (James 2:8)

Answer 54

Yes indeed, it is good when you obey the royal law as found in the scriptures: “Love your neighbor as yourself.”(8) But if you favor some people over others, you are committing a sin. You are guilty of breaking the law.(9)

Question 55

In the Old Testament, God divided humanity into two “racial” groups: Jews and Gentiles.

Answer 55

God’s intent was that the Jews would be a kingdom of priests, ministering to the Gentile nations; Jews became proud and despised the gentiles

Question 56

Jesus put an end to this division (Eph 2:14)

Answer 56

For Christ himself has brought peace to us. He united Jews and Gentiles into one people when, in his own body on the cross, he broke down the wall of hostility that separated us.(14) He did this by ending the system of law with its commandments and regulations. He made peace between Jews and Gentiles by creating in himself one new people from the two groups.(15)

Question 57

Victims of racism, prejudice and discrimination need to forgive.

Answer 57

Eph 4:32 declares: “Be kind and compassionate to one another, forgiving each other, just as in Christ, God forgave you.”

Question 58

Racists may not deserve your forgiveness, but we deserve God’s forgiveness far less.

Answer 58

Those who practice racism, prejudice, and discrimination need to repent; “Do not let any part of your body become an instrument of evil to serve sin. Instead, give yourselves completely to God, for you were dead, but now you have new life. So, use your whole body as an instrument to do what is right for the glory of God.” (Romans 6:13) “There is no longer Jew or Gentile, slave or free, male or female. For you are all one in Christ Jesus.” (Gal 3:28)

Question 59

What probable cause is needed for a voluntary encounter between police and citizen?

Answer 59

No suspicion is required

Question 60

What probable cause is needed for a temporary detention?

Answer 60

(1) “Terry Stop”: Reasonable suspicion required; (2) Theories for Stop; (a) Traffic violations; (b) “pretext” stops; (c) Community caretaking; (d) Citizen calls; (e) Roadblocks/checkpoints

Question 61

Name some temporary detention options.

Answer 61

(1) Detain individual for a reasonable period of time to satisfactorily account for his activity; (2) Interview (no “Miranda Warning” is required); (3) Make reasonable investigative inquiries, i.e., request identity, reason for being in the area, explanation of suspicious conduct; (4) Seek consent for pat down or search; (5) Transport detainee to possible crime scene

Question 62

What reasonable suspicion is required for an arrest?

Answer 62

(1) An officer can briefly detain an individual or make a traffic stop if there is reasonable suspicion a person committed a crime, is currently committing a crime, or plans to engage in criminal activity—based on certain facts or circumstances. Having a gut feeling or a hunch does not qualify as reasonable suspicion; (2) There must be reasonable suspicion in any type of criminal case, including traffic offenses and driving while intoxicated (DWI). Examples of actions that may establish reasonable suspicion to stop someone for DWI who is driving include: (a) Weaving, (b) Frequent braking, (c) Drifting between lanes, (d) Driving without headlights at night, (e) Following too closely (tailgating), (f) Slow response to traffic or officer’s signals

Question 63

What probable cause is required for an arrest?

Answer 63

(1) An officer can make an arrest or conduct a search or seizure if probable cause is established. To prove probable cause, law enforcement must demonstrate there are facts or evidence that would lead a reasonable person to believe that a crime has been committed, is being committed, or will be committed in the future; (2) Making an illegal turn, having a taillight out and expired registration are probable cause reasons for a vehicle stop against the transportation code. A higher standard is required to establish probable cause than reasonable suspicion. It cannot be shown based on an officer’s suspicions or guesses. It must be based on facts and hard evidence. In some cases, sufficient probable cause can develop after the police detain someone based on reasonable suspicion. There are many ways that the police can establish probable cause to arrest an individual. Examples include smelling alcohol or drugs on them, seeing evidence, such as a gun, drugs, or stolen property, in plain view, or an admission of guilt.

Question 64

What basis for vehicle stops did the court determine in State v Varley?

Answer 64

Officer’s mistaken belief that defendant violated statute by driving with only one functioning brake light was reasonable. Because the mistake of law was “reasonable” it provided sufficient reasonable suspicion to justify the traffic stop.

Question 65

What basis for vehicle stops did the court determine in Chrisman v. State?

Answer 65

The court properly denied the defendant’s motion to suppress. Even if the statement from the bartender was conclusory. it was sufficiently corroborated by other details. For example, when the bartender called 9-1-1, he gave his name and phone number. and identified himself as the bartender at the establishment. The court found him to be reliable. Furthermore, the court found the information provided to the dispatcher by the bartender to be sufficiently corroborated by additional details from which the dispatcher could have surmised from the bartender.

Question 66

What basis for vehicle stops did the court determine in Derichsweiler v State?

Answer 66

Facts: The defendant was reported to be stopping next to vehicles in parking lots and staring at the occupants of those vehicles. That conduct resulted in a 9-1-1 call which ended with the detention and arrest of the defendant. Issue: was the defendant’s non-criminal behavior enough to justify an investigative stop without reasonable suspicion of a particular offense? Conclusion: The Court said yes, pointing out there is no requirement to point to a particular offense, but rather reasonable suspicion he was about to engage in criminal activity.

Question 67

What basis for vehicle stops did the court determine in Wright v State?

Answer 67

(1) The Court of Criminal Appeals held the exception could apply to these facts and listed four factors that are relevant in determining when community caretaking provides a sufficient basis for a traffic stop. (a) the nature and level of distress exhibited by the individual, (b) the location of the individual, (c) whether the individual was alone and/or had access to assistance independent of that offered by the officer; and (d) to what extent the individual—if not assisted-presented a danger to himself or others. (2) The court added that, “as part of his duty to ‘serve and protect’ a police officer may stop and assist an individual whom a reasonable person—given the totality of the circumstances—would believe is in need of help.” The case was remanded back to the Court of Appeals which in 18 S.W.3d 245 (Tex. App. Austin 2000) applied the above-mentioned factors and found the stop to be unreasonable.

Question 68

What was the ruling in State v Kurtz?

Answer 68

An officer of a municipal police department does not have authority to stop a person for committing a traffic offense when the officer is in another city within the same county.

Question 69

What is the conclusion in CCP 14.03(g)(1)?

Answer 69

Authorizes a municipal police officer to make a warrantless arrest for a traffic offense that occurs anywhere in the county or counties in which the officer’s municipality is located.

Question 70

What is the conclusion in State v Kloecker?

Answer 70

(1) Trial judge held there was insufficient basis for the stop. Court of Appeals reversed holding the officer observed the defendant was driving on a tireless metal wheel and knew this constituted the traffic offense of driving a vehicle on a highway in an unsafe condition. (2) After observing Kloecker commit a traffic offense, Deputy Gonzales was authorized to pull her over. See Goodwin, 799 S.W.2d at 726. We hold that the trial court abused its discretion in granting Kloecker’s motion to suppress. The order of the trial court granting Kloecker’s motion to suppress is reversed.

Question 71

What is the conclusion in Murray v State?

Answer 71

In response to the defense argument that this was an illegal stop (DUI), the Court held this was a voluntary encounter. Even though officer testified the Defendant was not going to be allowed to leave once he approached the car this subjective intent regarding whether he could leave is only relevant when it is in some way communicated to the citizen, which was lacking in this case.

Question 72

What does the Texas warrantless search exception include:

Answer 72

(1) Search Incident to Arrest, (2) Consent Searches, (3) Border Searches, (4) Open Fields, (5) Plain View and Plain Feel, (6) Exigent Circumstances, (7) Inventory Searches, (8) Automobile Exception