OKALOOSA COUNTY SHERIFFS OFFICE     

 

GENERAL ORDER                                   

 

Effective Date:

February 1, 2005

 

Rescinds:

Amends:

 

Number:

2.06

 

 

 

SUBJECT: Bias Based Profiling

 

Re-evaluated

January 2005

 

 

 

Distribution:

 

CFA: 2.08 M

 

Index as:           Bias Based Profiling

Racial Profiling

 

This General Order consists of the following numbered sections:

 

1.         Purpose

2.         Policy

3.         Definitions

4.         Procedures

5.         Complaints of Racial/Ethnic Profiling

 

1.                  Purpose

 

The purpose of this General Order is to unequivocally state that racial and ethnic profiling in law enforcement are totally unacceptable, to provide guidelines to deputies to prevent such occurrences, and to protect deputies when they act within the dictates of the law and policy from unwarranted accusations.

 

2.                  Policy

 

It is the policy of the Okaloosa County Sheriff’s Office to patrol in a proactive manner, to aggressively investigate suspicious persons and circumstances, and to actively enforce motor vehicle laws, while insisting that citizens will only be stopped or detained when there exists reasonable suspicion to believe they have committed, are committing, or are about to commit, an infraction of the law.

 

 

3.                  Definitions

 

A.        Racial (Bias Based) Profiling - The detention, interdiction, or other disparate treatment of any person on the basis of their racial or ethnic status or characteristics.

 

B.         Reasonable Suspicion (also referred to as “articulable suspicion) - Suspicion that is more than a mere hunch, but is based on a set of articulable facts and circumstances that would warrant a person of reasonable caution in believing that an infraction of the law has been committed, is about to be committed, of is in the process of being committed, by the person or persons under suspicion. This can be based on the observations of a police officer combined with his/her training and experience, and/or reliable information received from credible outside information.

 

4.         Procedures

 

A.        Traffic Stops (General)

 

1)         The agency’s efforts will be directed toward assigning deputies to those areas within the county where there is a high likelihood that traffic crashes will be reduced and/or crimes will be prevented through proactive patrol.

 

2)         Motorist and pedestrians shall only be subjected to stops, seizures or detention upon reasonable suspicion that they have committed, are committing, or are about to commit an infraction of the law. Each time a motorist is stopped, the deputy shall notify communications the location of the stop, the description of the person or vehicle being detained, and the reason for the stop. This information shall be logged in the agency’s computer system.

 

·                      If the vehicle is equipped with a video camera, the video and sound shall be activated prior to the stop, to record the behavior of the vehicle or person, and remain activated until the person is released.

 

3)         Appropriate enforcement action should always be completed, generally in the form of a warning, citation or arrest. The proper forms will be filled out and completed and shall contain the gender, race/ethnicity of the person stopped.

 

B.         Deputies will conduct themselves in a courteous manner and will not intentionally humiliate, embarrass or harass citizens. In addition, deputies will:

 

·                      Be reasonably certain the vehicle they stop has committed a violation;

·                      Present a professional image by proper dress, grooming, and language;

·                      Maintain a professional attitude throughout the stop;

·                      Greet the driver with appropriate title in a courteous manner;

·                      Request (not demand) their drivers license and registration;

·                      Observe the driver for signs of physical impairment or emotional distress;

·                      Explain the reason for the stop to the driver;

·                      Explain the citation to the driver, including providing court and/or fine amount information; and,

·                      Conduct the traffic stop expeditiously as possible.

 

C.        Searches During Traffic Stops

 

1)         No motorist, once cited or warned, shall be detained beyond the point where there exists no reasonable suspicion of further criminal activity, and no person or vehicle shall be searched in the absence of a warrant, a legally recognized exception to the warrant requirement, or the person’s voluntarily consent.

 

·                      In each case where a search is conducted, this information shall be recorded, including the legal basis for the search, and the results thereof.

 

2)         Consent search shall be supported by valid verbal or written consent with consent forms being signed by the individual when possible. A verbal consent shall be supported by the names of individuals present who can attest to the voluntariness of the consent.    

 

D.        Training

 

1)         The agency shall provide training to deputies in proactive enforcement tactics, including training in officer safety, courtesy, cultural diversity, the laws governing search and seizure, and interpersonal communication skills.

 

2)         Training programs will emphasize the need to respect the rights of all citizens to be free from unreasonable government intrusion or police action.

 

3)         The agency shall recognize that with experience, individual deputies may develop individualized approaches that they find work best for them in minimizing conflict during deputy/violator contacts.

 

E.         Profiling Prohibited

 

1)         In the absence of a specific, credible report containing a physical description, a person’s race, ethnicity, gender or sexual orientation or any combination of these shall not be a factor in determining probable cause for an arrest or reasonable suspicion for a stop.

 

2)         The deliberate recording of any misleading information related to the actual or perceived race, ethnicity, gender, or sexual orientation of a person stopped for investigative or enforcement purposes is prohibited and a cause for disciplinary review and action, up to and including dismissal.

 

3)         Any deputy demonstrating a pattern of racial profiling or supervisor who encourages or knowingly tolerates a subordinate’s use of racial profiling in the execution of his/her law enforcement authority shall be held accountable and subject to disciplinary review.

 

 5.        Complaints of Racial/Ethnic Profiling

 

A.        Individuals may file a complaint with the agency if they feel they have been stopped or searched based on racial, ethnic, or gender-based profiling, and no individual shall be discouraged, intimidated, or coerced from filing such a complaint, or discriminated because they have filed such a complaint.

 

·                      Any deputy contacted by a person who wishes to file a complaint shall either direct the person to the Office of Professional Standards or take the name, address, and telephone number, and report the contact to his/her supervisor before the end of the shift.

 

B.         Supervisors receiving such complaints shall forward to the District Commander for review. The District Commander shall initiate a preliminary inquiry and forward his/her findings to the Division Commander for review.

 

C.        The Office of Professional Standards shall be the depository for all racial profiling complaints whether sustained, not sustained or exonerated.

 

·                      On an annual basis, the Office of Professional Standards shall prepare a report of all racial profiling complaints received by the agency.

 

D.        Supervisors and Inspectors assigned to the Office of Professional Standards shall be alert to any patterns of possible discriminatory treatment by individual deputies or units.