Racial Profiling Flashcards
The majority of complaints alleging racial profiling follow _______ stops by police
vehicle
________ __________ is a law enforcement initiated action based on an individuals race, ethnicity, or national origin rather than on an individuals behavior or on the information identifying the individual as having engaged in criminal activity
Racial Profiling
A peace officer may not engage in racial profiling is found where?
CCP 2.131 Racial Profiling Prohibited
Each ______ In This State Shall Develop A Detailed Written Policy On Racial Profiling
Agency
Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must:
clearly define acts constituting racial profiling;
strictly prohibit peace officers employed by the agency from engaging in racial profiling;
the race or ethnicity of the individual detained;
whether a search was conducted and, if so, whether the individual detained consented to the search
the location of the stop; and
the reason for the stop
Describe what?
collection of information relating to motor vehicle stops
chief administrator of the agency is required submit an annual report of the information collected to:
the Texas Commission on Law Enforcement; and
the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the State
Texas Commission on Law Enforcement that the chief administrator of a law enforcement agency intentionally failed to submit a report required, the commission shall begin __________ procedures against the chief administrator.
disciplinary
By when is each law enforcement agency shall submit a report containing the incident-based data compiled during the previous calendar year to the Texas Commission on Law Enforcement and, if the law enforcement agency is a local law enforcement agency, to the governing body of each county or municipality served by the agency?
March 1st
What information can not be contained in a report?
may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace office
A peace officer ____ _____ _______ for damages arising from an act relating to the collection or reporting of information
is not liable
What is the civil penalty of a local law enforcement agency if they intentionally fail to submit the incident-based dates as required by Article 2.134?
$5,000
From money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident-based data as required by Article 2.134 shall remit to the comptroller the amount of ______- for each violation
$1,000
As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on ____ _____, _____ _______, _______ ________ for persons licensed
civil rights, racial sensitivity, and cultural diversity
Definition of what constitutes racial profiling
Prohibition of racial profiling
Complaint process
Public education
Corrective action
Collection of traffic-stop statistics
Annual reports
Not prima facie evidence
Feasibility of use of video equipment
Data does not identify officer
Copy of complaint-related video evidence
are requirements for what?
Racial Profiling Requirements Written Department Policies
What 1968 case allows an officer to stop an individual for reasonable suspicion that person is armed and dangerous?
Terry V. Ohio
What 1977 case allows officers to order a driver out of a vehicle and frisked during a lawful traffic stop?
Pennsylvania V. Mimms
What 1997 case allows officers to order a passenger out of a vehicle?
Maryland V. Wilson
What 1998 case allows officers to wait for a K9 for a search?
Pryor V. State
What 1981 case allows officers to charge a suspect if the contraband is within immediate control of the suspect?
New York v. Belton
Which 2007 case sets the precedent that a passenger is detained during a traffic stop?
Brendlin v. California
Which 2009 case allows officers to pat down a passenger of a vehicle for reasonable suspicion the passenger may be armed?
Arizona v. Johnson
_________ __________ is “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
Declaration of Independence
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized… is what?
4th Amendment
There are appropriate reasons for unusual traffic stops (suspicious behavior, the officer’s intuition, MOs, etc.), but police work must stop short of _____ ________ and racism
cultural stereotyping
If _______action is taken, it must be because the person in question has violated a law, not because he is of a particular race, ethnicity, or gender.
police
Examples Of Racial Profiling Include
Citing a driver who is speeding in a stream of traffic where most other drivers are speeding, solely because of the cited driver’s race, ethnicity, or national origin.
Stopping or detaining the driver of a vehicle solely 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.
Stopping or detaining a person solely based on the determination that a person of that race, ethnicity, or national origin does not belong in a specific geographic area or a specific place
A Voluntary encounter requires what?
no suspicion
The following are examples of what?
Traffic violations
“Pretext stops”
Community caretaking
Citizen calls
Roadblocks/checkpoints
Temporary detention (Terry Stop)
In order to arrest an individual what is required?
Probable cause
An officer can briefly detain an individual or make a traffic stop if there is _________ _________ a person committed a crime, is currently committing a crime, or plans to engage in criminal activity
reasonable suspicion
For establishing probable cause what is required?
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
Probable cause requires a ________ __________ than reasonable suspicion
higher standard
Which 2016 case allows Police Officers to make a stop based on a 911 call?
Chrisman v. State
Which 2011 case allows an officer to justify an investigative stop without reasonable suspicion of a particular offense?
Derichsweiler v. State
Which case allows an officer to pull a vehicle over for driving on a tireless metal wheel?
State v. Kloecker
What are examples of Valid Searches And Seizures Without Warrants?
Search incident to arrest
Consent searches
Border searches
Open fields
Plain view and plain feel
Exigent circumstances
Inventory searches
Automobile exception
Reasonable suspicion is something ____ than probable cause, but is more than a vague suspicion, an unexplainable hunch, or a “gut feeling.”
less
You must be able to _________ that a traffic violation or criminal act has occurred in order to stop a vehicle
articulate
The two prerequisites for a valid consent search of a vehicle (or anything else) are?
The consent must be given voluntarily, and
The consent must be given by a person with authority.
Reasonable suspicion need not depend solely on the observed actions of the suspect, but the __________ __ ___________
totality of circumstances
Under the Vienna Convention on Consular Relations(VCCR Article 36) what must an officer do?
A foreign detainee must be informed of his right to have his consulate notified.
The arrestees’ decision should be documented.
Applies to all foreign detainees, whether in the country illegally or not
the competent authorities of the receiving State shall, _______ _____, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner
without delay
Certain consulates _____ be notified regardless of the wishes of the detainee.
MUST
For All Foreign Nationals Except Those From ___________ __________ _________ As a non-U.S. citizen who is being arrested or detained, you may request that we notify your country’s consular officers here in the United States of your situation. You may also communicate with your consular officers. A consular officer may be able to help you obtain legal representation, and may contact your family and visit you in detention, among other things. If you want us to notify your consular officers, you can request this notification now, or at any time in the future. Do you want us to notify your consular officers at this time?
Mandatory Notification Countries
For Foreign Nationals From Mandatory Notification Countries Because of your nationality, we are __________ to notify your country’s consular officers here in the United States that you have been arrested or detained. We will do this as soon as possible. In addition, you may communicate with your consular officers. You are not required to accept their assistance, but your consular officers may be able to help you obtain legal representation, and may contact your family and visit you in detention, among other things. Please sign to show that you have received this information
required
What Does not apply to mandatory notification of foreign nationals covered by a bilateral treaty?
Right to privacy
VCCR and bilateral treaties make notification an obligation to ensure a foreign national is not placed in a situation in which they cannot _______ _________ from their own government.
receive assistance
