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This is to certify that the

dissertation entitled

THE ENFORCEMENT OF TRAFFIC OFFENSES BY THE POLICE:
EXPLORING THE ISSUE OF RACIAL PROFILING

presented by

Todd Eugene Bricker

has been accepted towards fulfillment

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6/01 c:/CIRC/DataDue.p65-p. 15

THE ENFORCEMENT OF TRAFFIC OFFENSES BY THE POLICE:
EXPLORING THE ISSUE OF RACIAL PROFILING

By
Todd Eugene Bricker

A DISSERTATION
Submitted to
Michigan State University
in partial fulfillment of the requirements
for the degree of
DOCTOR OF PHILOSOPHY
School of Criminal Justice

2002

ABSTRACT

THE ENFORCEMENT OF TRAFFIC OFFENSES BY THE POLICE:
EXPLORING THE ISSUE OF RACIAL PROFILING

By
Todd Eugene Bricker

The importance of police profiling, specifically by race/ethnicity, is evident
in the media and government agencies. Despite the growing publicity, there is a
relative paucity of empirical research on this controversial issue. This article
explores the issue of police profiling by relying on 1999 Police-Public Contact
Survey data from 5341 driver-involved traffic stops. Much of the existing
research centers on the disproportionality of minority drivers being stopped,
searched, and arrested by police. This study contributes to the existing literature
by examining other personal attributes including driver gender, age, and
race/ethnicity in relation to multiple traffic stops. Analysis shows that young
Black male drivers are significantly more likely to be stopped multiple times by
police. Driver gender, age, race/ethnicity, the number of occupants, and the type
of traffic violation are used to predict the outcome of a traffic stop. Male and
Black drivers are more likely to receive a traffic citation than females and White
drivers, respectively. Drivers in the 16 to 19 year age group who commit a
moving violation are significantly more likely to receive a traffic citation than any

other age category examined.

To Patricia Marie Bricker (1945-1995)...my hope and my inspiration.

iii

ACKNOWLEDGMENTS

I am grateful to my committee chair, Dr. David Carter, for his guidance
during the course of this project. I am also indebted to the other members of my
committee, Dr. Dennis Payne, Dr. J. Kevin Ford, and Dr. Steven Gold for their
assistance via discussions and feedback. I would also like to thank the members
of the Criminal Justice faculty at Shippensburg University of Pennsylvania for
their untiring assistance in the completion of this project. I especially thank my
father, Eugene Bricker, and my mother-in-law Alice Todd for supporting this
venture. Finally, my wife, Melanie, I thank for her unending love and
encouragement during this pursuit. Without her incessant support, I may never

have achieved this milestone in my life.

iv

TABLE OF CONTENTS

LIST OF TABLES ........................................................................... vii

CHAPTER 1
INTRODUCTION ........................................................................... 1
The Importance of Studying Racial Profiling ............................... 8

Resistance to Collecting Race Data on Traffic Stops .................... 10

Statement of the Problem ....................................................... 17

Purpose of the Study ............................................................. 20

Basic Assumptions ................................................................ 21

Limitations ........................................................................... 22
CHAPTER 2

DISCUSSION OF ASSOCIATED LITERATURE 24

Definitions of Key Concepts .................................................... 24

Police Ethics and Morality ....................................................... 32

Sources That Guide Ethical Decisions ........................................ 33

Justice ....................................................................... 33

Law ........................................................................... 34

Agency Policy .............................................................. 35

Police Policies Regarding Racial Profiling ......................... 36

Code of Ethics ............................................................. 39

Social Norms and Personal Values .................................. 43

The Noble Cause ......................................................... 45

Police Subculture and Socialization ........................................... 48

Police Training ...................................................................... 54

Police Discretion ................................................................... 58

Deployment of Police ............................................................ 63

Traffic Enforcement as a Role of the Police ................................. 65

The US. Supreme Court and Racial Profiling/Pretext Traffic Stops..70

Police Profiling on Traffic Stops ................................................ 73
CHAPTER 3

METHODOLOGY ........................................................................... 79

Overview ............................................................................. 79

Survey Research .................................................................. 79

The Police-Public Contact Survey ............................................. 83

Sampling Design and Procedure .............................................. 84

Rate of Response .................................................................. 86

Key Variables and Hypotheses ................................................. 87

Number of Traffic Stops ................................................. 87

Gender and Traffic Stops ...................................... 88

Age and Traffic Stops ........................................... 88

Race/ethnicity and Traffic Stops .............................. 89

Traffic Stop Disposition .................................................. 91

Gender and Traffic Stop Disposition ........................ 92
Age and Traffic Stop Disposition ............................. 93
Race and Traffic Stop Disposition ........................... 93
Number of Vehicle Occupants and Traffic Stop
Disposition ......................................................... 94
Type of Traffic Violation and Traffic Stop Disposition...96
Driver Demeanor and Traffic Stop Disposition ............ 97
Interactions Between Variables ....................................... 98
CHAPTER 4
ANALYSIS AND FINDINGS .............................................................. 100
Overview ............................................................................. 100
Restricting the Sample for Analysis ........................................... 100
Transforming Variables for Analysis .......................................... 102
Sample Characteristics ........................................................... 103
Empirical Tests of the Hypotheses ............................................ 106
Number of Traffic Stops ................................................. 106
Traffic Stop Disposition .................................................. 109
Predicting Subsequent Vehicle Stops ................................ 118
Predicting Traffic Stop Disposition .................................... 123
CHAPTER 5
SUMMARY AND DISCUSSION ......................................................... 127
Data Limitations .................................................................... 131
Implications and Recommendations .......................................... 132
The Future of Profiling: The Aftermath of September 11‘“ .............. 137
APPENDICES
A. Law Enforcement Code of Ethics .......................................... 142
B. Police Code of Conduct ...................................................... 143
C. Study Variables ................................................................ 146
D. Correlation Tables of Study Variables .................................... 148
BIBLIOGRAPHY ............................................................................ 149

Table 1

Table 2

Table 3

Table 4

Table 5

Table 6

Table 7

Table 8

Table 9

Table 10

Table 11

Table 12

Table 13

LIST OF TABLES

Characteristics of the Sample ....................................... 104
Bivariate Analysis of Gender by Number of Traffic Stops ...... 107
Bivariate Analysis of Age by Number of Traffic Stops ......... 108
Bivariate Analysis of Race/Ethnicity by Number of

Traffic Stops .............................................................. 1 10
Bivariate Analysis of Gender by Traffic Stop Disposition ...... 111
Bivariate Analysis of Age by Traffic Stop Disposition ............ 113
Bivariate Analysis of Race/Ethnicity by Traffic Stop

Disposition ................................................................ 1 14
Bivariate Analysis of Number of Vehicle Occupants by

Traffic Stop Disposition ................................................ 116
Bivariate Analysis of Type of Traffic Violation by Traffic

Stop Disposition ......................................................... 1 17
Logistic Regression Analysis for Variables Predicting

Drivers Stopped More Than Once .................................... 119
Logistic Regression Analysis for Variables Predicting

Drivers Stopped More Than Once With Interaction Term ...... 122
Logistic Regression Analysis for Variables Predicting
Disposition of a Traffic Stop .......................................... 124
Logistic Regression Analysis for Variables Predicting

Disposition of a Traffic Stop With Interaction Term ............. 126

vii

“Nothing is more damaging to the police image than the suspicion that certain
elements of the population are ‘picked on’ or victimized by enforcement action”
(Bufe, 1989:621).

INTRODUCTION

Our democratic society ensures all persons equal protection under the
law. Law enforcement officers are sworn to uphold and enforce the laws of
society without prejudice, malice, or stereotypical attitudes or beliefs. These
tenets, among others, are explicitly stated in the law enforcement code of ethics:

I will never act officiously or permit personal feelings, prejudices,

animosities, or friendships to influence my decisions. With no

compromise for crime and with relentless prosecution of criminals,

I will enforce the law courteously and appropriately without fear or

favor, malice or ill will, never employing unnecessary force or

violence, and never accepting gratuities (Goodman, 1998:115).

There are, however, many factors that influence police decision-making
practices. Some of these factors run counter to the canons of the law
enforcement code of ethics presented above. This purpose of this study is to
explore one of the key functions of law enforcement officers, traffic enforcement.
This topic will be explored with specific emphasis on identifying variables that aid
in predicting whether particular drivers are stopped by police on a traffic stop on
more than one occasion. One variable of special concern is race or ethnicity.
Much attention has been given to the topic of racial profiling by police from the
media, special interest groups and government agencies. This study will attempt

to shed some light on the impact of race/ethnicity and other salient variables that

predict being a driver involved in a second or subsequent traffic stop. The
second part of this study will shed some light on the relationship of certain
variables including age, gender, and race/ethnicity with the outcome or
disposition of a traffic stop.

Prior to delving into the analysis, it is important to discuss some of the
many influences on police behavior and decision-making practices. Although
many of these factors will not be examined in this study, they are important in
providing a foundation for further discussion. Some of the factors that influence
officer decision-making are: ethical principles and beliefs, morals, agency policy,
personal values, the police subculture, training, police deployment, and case law.
Each of these factors will be discussed in some detail in chapter two. Some of
them are briefly presented here.

Perhaps the most prevalent and overarching factor that impacts police
behavior is the socialization process and influence of the existing police
subcultures. Evidence supports the existence of several subcultures within the
policing profession (Reuss-lanni, 1983; Radelet & Carter, 1994). In its crudest
form it can be argued that there are two subcultures: a line level subculture
(patrol officers), and a management level subculture (sergeants, lieutenants,
etc). The line level police subculture consists of a set of meanings, values and
behavior patterns that are unique to line level police officers (Radelet & Carter,
1994). Management officers tend to have different values because of their
unique position within the organization. These subcultures contain unwritten

codes which serve to influence how officers perform their duties.

The infonnal or unwritten policies of an agency can also have an effect on
police behavior. This can be especially true for traffic enforcement. For
example, in some states, law does not permit formal or written quotas that
indicate an acceptable or required number of arrests by police officers (Bartollas
& Hahn, 1999). However, infonnal or unwritten quotas may be commonplace
among agencies due to pressure to demonstrate self-initiated activity. Street
officers understand that they must produce a number of arrests that is both
acceptable to their supervisors in terms of sheer numbers, and acceptable to
their colleagues in terms of not overproducing. The practice of cverproducing
contributes to making fellow officers look bad. These informal arrest quotas may
apply to both criminal and traffic arrests. They are an established part of the
police subculture and are reinforced via the socialization process. The presence
of a community policing philosophy in many police organizations may change this
practice. Because community policing officers are evaluated on problem solving
in the community, the importance of writing a certain number of traffic citations
may not top the list for self-initiated activity.

In agencies that still maintain a focus on arrest statistics as a measure of
individual perfonnance, officers may feel pressure to produce a satisfactory
number of arrests. As a result, officers may arrest citizens who nonnally would
not be arrested, or stop and cite drivers whose violations would normally be
overlooked or handled informally with a verbal or written warning. Some officers

may begin using traffic stops as a pretext to conduct automobile searches in

hopes of finding evidence of a crime. The benefit of this practice for officers is to
increase the quantity of both criminal and traffic arrests.

Personal values also influence the decision-making processes of police
officers. There is a debate as to whether police officers possess values in-sync
with the police subculture prior to entering the police profession, or whether these
values are learned via the socialization process (Dempsey, 1999; Gaines,
Kappeler, & Vaughn, 1999).

Rokeach, Miller, and Snyder (1971) discuss the value differences between
the police and citizens. One significant finding of their study is that the police
carry values similar to particular groups in society. Recruitment of potential
police officers is based on a process of searching for individuals who possess
certain characteristics or beliefs. It was found that recruits placed a relatively
lower value on freedom, equality, independence, and a world of beauty, and a
higher value on obedience, self-control, a comfortable life, and pleasure. Some
of the values possessed by police recruits contradict the law enforcement code of
ethics as well as the democratic values of society.

Crank and Caldero (2000) discuss the noble cause of policing (i.e.
apprehending criminals). They posit that officers often justify their behavior
based on the noble cause of policing. In other words, the ends justify the means.
This belief has important implications for the practice of racial profiling. Officers
may be using the idea of the noble cause as a reason to stop vehicles. If officers

make the assumption that more Black citizens commit crimes, they may be using

race as the only factor to initiate a traffic stop, but justifying a stop, search, and
possibly an arrest based on the noble cause of policing.

Police discretion also plays an important part in the police decision-making
process. Van Maanen (1974) suggests that although persons in other
occupations may have discretionary powers, the police are unique because
officers must make quick, possibly life threatening, decisions with a minimal
amount of information.

Traffic enforcement is one area where there is little restriction in terms of
which vehicles officers may stop, and which violations deserve a citation. Brooks
(1993: 161) asserts that: “It appears as though organizational characteristics,
neighborhood factors, situational cucs, officer characteristics, and lastly, officer
attitudes, all play some part in the decisions that police make regarding their
behavior." Bartol (1983) states that the use of discretion is influenced by
additional factors such as training, supervisors, politicians, agents of the criminal
justice system and the public.

Another issue of importance is the deployment of police. Research on
crime patterns and trends allows criminal justice policy makers to examine the
distribution of crime in American society. Research, such as Burgess’s
concentric zones of a city and Shaw and McKay's theory of social
disorganization, revealed that crime is associated with the central areas of a city.
These areas are characterized by ethnic homogeneity, population instability,
transience, a lack of informal social control, and increased crime (Vold, Bernard,

& Snipes, 1998).

Due to research findings of this nature, criminal justice policy makers and
police managers alike, deploy additional resources in terms of police manpower
into these disorganized areas. If one examines the racial composition of the
inner city areas, one finds that it is predominantly comprised of a mix of racial
minorities. This issue raises a question concerning racial profiling. Are the
police engaging in practices that target specific minority groups, or is the
enforcement of traffic and criminal laws explained by the deployment of police
resources?

Police behavior and values that conflict with the pure essence of the law
enforcement code of ethics create instances of inequity or perceived inequity, not
only in relation to law enforcement practices, but within the criminal justice
system as a whole. However, these instances foster feelings of tension and
distrust between the police and the public. One of the major causes of tension
and distrust, which is currently receiving much attention, is the practice of racial
profiling.

Racial and ethnic minorities constitute a substantial and growing segment
of the American population. Accusations of police profiling threaten our system
of justice and law enforcement efforts. Empirical research on racial profiling is
limited. Much of the research has been conducted from the early 1990’s to
present. Of the studies located, all were agency-specific. None examined the
issue of racial profiling on a national basis. Additionally, the issue of drivers
being stopped multiple times has not been examined. If we make the

assumption that racial profiling is occurring and that people are creatures of

habit, with many of us driving similar routes to and from work or to and from
social gatherings, then we should find that significantly more racial minorities are
being stopped multiple times by police. Caution is in order here. By no means is
this author suggesting that this study can or will show the existence or
nonexistence of racial profiling. What this study can do is add to the existing
literature by examining driver reports of traffic contacts with the police and
possibly reveal some similarities among those drivers stopped by police. Any
findings can be used to guide further research efforts. In the end, this study
should raise more questions than it answers.

There are many concerns surrounding the issue of racial profiling, but the
primary question that requires clarification is whether police are stopping more
minority motorists only because of their race. This is a difficult question to
answer. It requires getting inside every officer’s head and ascertaining the
reason(s) behind every traffic stop that is made. It also requires the collection of
violator data—a record of the race and other relevant characteristics of all drivers
who commit traffic violations. This data can then be used to compare to those
drivers who were stopped by police. One recent phenomenon that is spreading
across the country is the collection of race data by police on traffic stops. There
are several reasons why police agencies should implement data collection
systems to collect traffic stop-related data:

0 Evidence from a 1999 Gallup Poll indicating a strong public
perception of profiling by police, suggests a need for data collection

and the identification of problems

0 Police agencies cannot manage what they do not measure

. State Legislatures are likely to require data collection

. It provides evidence of police accountability

o It contributes to bridging the gap between minorities and the police
(US Department of Justice, 2000: 4)

However, some law enforcement officers and researchers alike, suggest that
police officers are the target of unfair criticism. They suggest that the incidence
of profiling is based on speculation and improper interpretation of statistics. This
study attempts to shed some light on the issue of police profiling by exploring

police-citizen encounters on traffic stops.

The Importance of Studying Racial Profiling

In the late 1990’s racial profiling was a popular topic among the news
media. Increased media coverage since that time has spurred a flurry of
research in this area. There are two related problems stemming from police
profiling: (1) Profiling based on personal attributes (i.e. age, gender, or race)
runs counter to the equitable system of justice we strive to uphold, and (2) public
perceptions of inequity can tarnish the police image and have adverse effects on
police-community relations. Public perceptions are an important consideration
and should not be taken lightly. In many cases perceptions are more important
than reality. Thus, if eventually we can be assured that racial profiling is not

occurring, we still must deal with the problem of public perceptions.

Past studies that measured community support for the police have
generally shown a positive view of the police (see Flanagan & Maguire, 1992;
Gallup Poll, 1999). This favorable view of police has remained constant over
time. Confidence in the police is also evident in the literature. In a citizen poll,
Maguire and Pastore (1997) reported that confidence in the police (59%) was
second only to the military (60%) when citizens were asked to indicate their level
of confidence in several key public institutions. However, when specifying the
race of the respondent, Blacks indicate less support for police than Whites.

Public perceptions are important to the police because their legal
mandate, resources, and crime reduction programs depend on public support.
National surveys have verified that most citizens, regardless of race, consider
racial profiling a significant societal problem. A 1999 Gallup Poll revealed that
half of Americans polled believe that police engage in racial profiling, and 81 %
indicated their disapproval of the practice. Perceptions based on the race of the
respondent show that Blacks believe more strongly in the pervasiveness of racial
profiling, and felt that they were more likely the victims of racial profiling than
Whites.

The results of police support surveys and racial profiling polls signify the
need for law enforcement to focus on improving relationships with members of
Black and other minority communities. Perceptions of racial profiling caused by
proactive enforcement, saturation patrol, criminal interdiction, looking beyond the
traffic ticket, or other enforcement tactics may result in further damage to police-

community relations. The end product will be the demoralization of the

community and the destabilization of law enforcement efforts. In this light, it is
necessary to explore the Issue of police profiling. One method of identifying a
problem and ascertaining the extent of it is by collecting and analyzing traffic stop
data.

This study is designed to examine traffic stop data collected by the Police-
Public Contact Survey (PPCS). A national random sample of drivers was
interviewed about their face—to-face encounters with police. In this study, several
independent variables are examined in relation to being stopped multiple times
by police and the outcome of the traffic stop (a warning or a citation). It is hoped
that this study will shed some light on what personal attributes such as age,
gender, and race, are important in predicting the number of traffic stops and the

disposition of a traffic stop.

Resistance to Collecting Race Date on Traffic Stops

It is natural for police to be defensive when challenged with the accusation
that officers are employing race or another individual characteristic as a criterion
to effect motorist stops. lmpropriety by officers in one agency may tarnish the
reputation of the entire profession. Therefore, it is in the best interest of police to
defend themselves against any action that may place police officers in a negative
light. In response to an allegation of racial profiling on traffic stops, one reaction
may be to resist the collection of data that can be used to identify a problem

and/or gauge its severity.

10

The Illinois Law Enforcement Training and Standards Board was met with

such resistance in April 2000. The board convened a meeting with Illinois police

representatives to develop a response to raised concerns about racial profiling by

police. Although the various police associations and unions attending the

meeting condemned the practice of racial profiling, the suggestion of mandatory

data collection procedures of all police traffic stops was met with resounding

resistance. Resistance to the suggestion of data collection procedures was met

with suspicion. However, representatives of the police agencies presented the

following twenty reasons for the opposition (Hoover, 2000:1-4):

Data collection will have a chilling effect on stops

Officers will have to ask motorists “What is your race?” — creating
hostility

Litigation prevents police administrators from even talking about the
issue of racial profiling on traffic stops

Media attention will reinforce the perception among minorities that race
is indeed the only reason for traffic stops

Generalization phenomenon — A single unfavorable statistic will create
the perception that the practice is widespread

It places yet another divisive wedge between management and line
officers - implied accusation

The accuracy of the data that are gathered - oflicers may distort

information

ll

In many jurisdictions one can expect blatant political exploitation -
police cannot win

There is no standard for what constitutes racial disproportionality -
statistical variation alone will result in less than a precisely equivalent
ratio to population proportion

Population anomalies are common

Inaccuracies exist in census data, particularly undercounting Hispanics
It will create excessive report writing time

The more papenrvork that is required, the less amount of time officers
will spend on an activity

Statistically, more minorities may be stopped, but not necessarily due
to police profiling

Police deploy proportional to demand. Thus, there are more officers in
poor, minority neighborhoods. Thus, there are more stops.

Poverty and race correlate in America -- poverty is a frequent problem
indicator (i.e. vehicle equipment violations)

It may generate spurious stops of whites to “balance the books”

False accusations by disgruntled employees are likely

Police administrators can defend an accusation with specifics, but
cannot defend accusations of a general practice

It places police administrators in the same position of accused

communists during the McCarthy era

12

The officers were very commonsensical and calculating when presenting
reasons supporting their opposition. Their reasons can be grouped into four
primary areas of concern: ( 1) effects on police practices and behavior, (2) media
effects on public perception of police, (3) inaccuracies with and exploitation of the
data, and (4) ramifications on police administrators and relationships with line
officers. The four primary areas of concern are discussed here.

The primary concern about the collection of race data was that it would
produce a “chilling effect” on traffic stops. It was argued that officers would begin
to ignore traffic violations for fear of reprisal from administrators for stopping too
many minority operators. This, in turn, would lead to a decrease in proactive
patrol efforts and ultimately result in increased crime (particularly in minority
areas). Police representatives relied on the logic of the broken windows theory
of James O. Wilson and George Kelling to support their contention. They
reasoned that the lack of proactive patrol would permit disorderly activities to
flourish in neighborhoods thereby fostering an atmosphere for more serious
crime to arise.

Although this argument does hold some merit, it is not a valid reason for
failing to collect data. There are two primary reasons why a dramatic drop in
traffic citations is unlikely to occur. Relying on many years of police experience,
it is this author’s opinion that it is unlikely that an officer would overlook a blatant
traffic violation for fear of reprisal from administrators. The noble cause of
apprehending violators created and reinforced by the police subculture would

override any fear of punishment. However, there may be pockets of resistance

13

to initiating traffic stops within an agency due to a vengeance response toward
administrators. Some officers may reason that the collection of race data is
another way for the Chief to control their behavior, thus threatening their
autonomy. It is unlikely, however, that the entire department would take this
stance.

A second reason for the unlikely decrease of traffic stops is due to the
possibility of informal quotas that exist within police agencies. In general terms,
a quota can be defined as, “a requirement, in writing or otherwise, regarding the
number of arrests made or the number of citations issued within a defined period
of time by a law enforcement officer, or regarding the proportion of the arrests
made and citations issued by the law enforcement officer relative to the arrests
made and citations issued by another law enforcement officer” (Title 40A New
Jersey Statutes, 2000).

Officers are customarily evaluated annually or biannually, and one
criterion for evaluation may be self-initiated activity (i.e. proactive patrol).
Although formal quotas (defined above) that require a specific quantity of arrests
and/or traffic citations are customarily banned in many states, the quantity of
traffic stops may be used as one measure of officer productivity. Police
administrators can circumvent the illegality of quotas by defining self-initiated
activity as contacts with the public. One method of public contact is via traffic
stops. Administrators may suggest that a written warning for a traffic offense is

just as good as a citation. In the definition of a quota provided by the New Jersey

14

State Legislature, a written warning is not included. Therefore, requiring officers
to issue warnings on traffic stops does not fall within the parameters of a quota.

Annual evaluations are important to an officer’s career. Failing to initiate
any activity (i.e. traffic stops, arrests, and written warnings) may result in informal
punishment by police administrators. Evaluations are often used as a basis for
special assignments, training schools, and possibly as a promotion criterion. If
the adage of “a ticket 3 day keeps the Chief away” that was emphasized in the
author's former agency holds true, it is unlikely that officers will cease making
traffic stops.

The second area of concern is in relation to the media. It is true that the
media latches onto sensational stories, running with them in hopes of boosting
ratings. Perhaps Meda Chesney-Lind (1997) said it best when she described the
sensationalizing of news stories by the media: “If it bleeds, it leads” (p. 6). The
concern that the media will paint a negative picture of policing for the public is a
legitimate one. However, the process of the media creating and perpetuating
myths has been established. Kappeler, Blumberg, and Potter (2000:22—24)
present several techniques employed by the media, government officials, and
interest groups for creating and perpetuating myths. Although they are
presented in the context of crime myths, they are applicable to racial profiling by
the police. The techniques include:

. Presentation of opinion as fact
. Masking opinions through sources

0 Using value-loaded terminology

lS

o Selective presentation of fact

. Undocumented sources of authority
0 Stripping fact from its context

. Selective interviewing

Some of the aforementioned techniques were concerns of the police
representatives in Illinois. However, if it is known that media presently engage in
this practice, it is something that police agencies are already dealing and coping
with on a regular basis. A lack of traffic stop data collection will only result in the
perception that the police have something to hide, and it is this story that the
media will report.

The third area of concern is the inaccurate recording of data by police, and
the exploitation of data by politicians. This is a legitimate concern that has been
experienced in other experimental studies of the police (see Kelling, Pate,
Dieckman, & Brown (1974); Shaman & Berk (1984). It is true that some officers,
fearing the threat of punishment from administrators, may distort data that
appears unfavorable. However, many officers will accurately record the data.
There is some error in all studies. Therefore, the question remains, is this a
legitimate reason for failing to collect race data?

The second part of this argument is a “catch-22" situation. Officers are
fearful that politicians will exploit the police by using unfavorable findings from the
data. If there are no unfavorable findings, politicians will discount the data as
erroneous, suggesting that there still may be a problem with racial profiling. This

argument is based on a lack of trust of administrators and politicians responsible

l6

for overseeing the police agencies. It is unlikely that this argument would arise
unless there have been incidents that have occurred in the past which influenced
officers to distrust management and politicians. The issue becomes one of
reducing officer fear and increasing trust within the various police organizations.

The fourth area of concern is an increase in strained relations with
administrators. It is suggested that line officers will perceive the request to
collect race data as a method of implying that officers are doing something wrong
and administration is merely searching for specific officers to reprimand for
impropriety. This argument is based on line officers’ suspicion of administrators.
There is an obvious lack of trust within police agencies in Illinois. As previously
discussed, this is an issue of reducing officer fear and increasing trust within the
organizations.

Although the representative officers did arrive at some logical concerns for
resisting the collection of race data, the majority of them can be refuted or
explained away by the possibility of underlying or pre-existing problems within
the agencies. It is this author’s opinion that the concerns presented by the board
do not justify the failure to collect and analyze race data on traffic stops.
However, their concerns do suggest that caution must be used when interpreting

results.

Statement of the Problem

Although police officers have many roles and responsibilities, this study is

limited to the examination of police-public encounters during traffic stops.

l7

Vehicle codes contain thousands of traffic laws, making it possible for police
officers to stop nearly any vehicle on the road. If virtually any driver can be
stopped for committing a violation, it becomes important to what attributes
stopped drivers have in common. It is also important to examine driver behavior
and driver attributes in relation to the outcomes of traffic stops.

Two primary functions of the police are order maintenance and law
enforcement. Traffic enforcement accomplishes both of these functions.
Stopping unsafe drivers indicates to the drivers that their behavior will not be
tolerated. It also creates police omnipresence, which could deter other drivers
from operating vehicles in an unsafe manner. Stopping unsafe drivers maintains
order in the community and enables officers to enforce traffic laws.

However, a significant portion of the American public believes that police
actively engage in profiling based on the race of the driver, and a majority of the
public indicated their disapproval of the practice (Gallup Organization, 1999). A
profile can be based on factors other than race. Drivers may be profiled because
of their age or gender. The practice of profiling becomes problematic when
officers rely solely on factors such as race, age, or gender as a reason for
stopping vehicles.

This author is not suggesting that targeting or profiling is an entirely
negative practice. Profiles can, and do, serve a legitimate purpose in law
enforcement. The Federal Bureau of Investigation creates and relies upon
profiles to identify and locate serial killers and more recently, terrorists. In this

capacity, profiles serve a legitimate crime control/prevention function.

Additionally, police are trained and instructed to target specific areas of a
jurisdiction characterized by a high incidence of crime. This practice is in—sync
with the order maintenance and law enforcement functions.

The data collection process and the interpretation of results are two
problematic areas when attempting to examine police profiling. The primary
question requiring an answer is: Are police engaging in the practice of profiling
based solely on race, age, gender, or another personal attribute of drivers when
making traffic stops? Arriving at an answer to this question is more difficult than
it appears. If we are going to accuse officers of improper conduct, then we need
to ensure that our data collection procedure, analysis, and interpretations are
correct. Simply comparing the race of stopped drivers with census statistics to
arrive at a conclusion regarding the existence of profiling is unreasonable. (This
process is the generalization phenomenon presented in the previous section).
Traffic stops, as well as other police—citizen encounters, are dynamic processes
that require the examination of many variables. Drawing conclusions based on
the examination of a single variable (i.e. race) results in selective reporting.

Carter and Katz-Bannister (2000) concur that the interpretation of statistics
is problematic. Everyone will have their own interpretation: Police and police
supporters, police critics, the media, government officials, and ultimately the
public. They also suggest the use of caution and present several important
factors to consider when interpreting police profiling data:

. Actual population demographics
. Accuracy of Census data

19

. Transient population in the area

. Demographic changes in the area based on time

o Extent of calls for service

. Quantity of community complaints received

. Reported crime in the area

. Accuracy of information reported by officers (p. 11)
Many of these factors suggest that researchers should examine police profiling at
the organizational level. It is logical to assume that some agencies may have a
problem with profiling while others do not. However, it becomes problematic to

examine some of these factors with national data.

Purpose of the Study

The primary purpose of this study is to explore the issue of police profiling
on traffic stops by using a national sample of self-reports from drivers who were
stopped by the police in 1999. The data were collected as part of the Bureau of
Justice Statistic’s (BJS) 1999 Police-Public Contact Survey. To date, there is a
paucity of empirical research regarding police traffic stop practices. No other
studies have examined this issue on a national scale or examined the
relationship of salient variables with second or subsequent traffic stops.

This study attempts to address some concerns regarding the analysis and
interpretation of data gathered for the PPCS. Rather than limiting the analysis to
police profiling by driver race, the first part of this study also examines driver age

and driver gender. The second part of this study examines the association

20

between the same independent variables (plus the number of vehicle occupants
and type of traffic violation, and driver demeanor), and the disposition of a traffic
stop (i.e. citation or warning). Two primary questions will be explored in this
study:
1. Can certain personal attributes be used to predict whether a driver is
stopped multiple times by police?
2. Are there any significant differences in the disposition of traffic stops
based on driver attributes, number of vehicle occupants, type of

violation, or driver demeanor (i.e. being verbally abusive)?

Basic Assumptions

Social scientists make specific assumptions when conducting research.
The assumption made at the onset of this study was that data collected for the
PPCS is appropriate for exploring the issue of police profiling on traffic stops.
The data is from self-reports of drivers and passengers stopped by police.
However, after thinking about the best way to measure police profiling, it was
realized that this data can only provide descriptive and exploratory information
about drivers who reported being stopped by police. The limitations section
discusses this issue further.

It has been suggested that police should collect data on every traffic stop
so that it can be analyzed and used to indicate the presence of profiling. One
criticism of making the claim that police are profiling based on race or another

personal attribute is that officers do not accurately report data. A solution to this

21

problem is to collect self-report data from stopped drivers. However, it is
important to consider that faulty memory, intentional deception, or providing
socially acceptable responses could impact the validity of self-report data and the
results. It is also important to note Hagan’s (2000) concern that in some cases,
survey responses may reflect expressed or claimed behavior rather than true
behavior. It is possible that other methods, such as direct observation through
field research, may be somewhat more appropriate in attempting to characterize
the true nature and extent of police profiling.

Another assumption made in this study is that drivers who were stopped
by police possessed neutral attitudes about the issue of racial profiling. In other
words, none of the drivers stopped were predisposed to believe that they were
the victims of profiling. This assumption may be false. We may be starting with
data collected from many drivers who already believe that any stop involves
profiling, thus they may report that they were unfairly targeted and stopped by
police. One way to assess this issue to examine whether stopped drivers

perceived the traffic stop to be legitimate.

Limitations

Two questions that researchers would like to answer are: ( 1) whether
racial profiling exists, and (2) to what extent racial profiling exists. Unfortunately,
the data collected for the PPCS cannot be used to answer either of these
questions. The survey only contains demographic infonnation for drivers and

passengers involved in a traffic stop. Thus, the data can only be used to reveal

racial and other differences among the drivers and passengers stopped by
police, as well as how often they were stopped. Any differences found between
Black and White drivers are not necessarily evidence that police officers are
using race as the solitary reason to initiate a traffic stop. There is a missing
piece of the puzzle. Violator data would be necessary in order to provide a better
picture of the existence and extent of racial profiling. Specifically, one would
need to show that all things being equal, Blacks were no more likely than Whites
to commit traffic violations and the police stopped Blacks at a higher rate than
Whites. John Lamberth collected this type of data for studies involving the traffic
enforcement practices of the New Jersey and Maryland State Police.

The problematic portion of attempting to measure racial profiling is
controlling for all influential variables, other than race, that may affect an officer’s
decision to stop a vehicle. It would require the ability to get inside an officer's
head, being able to see and understand what he or she sees, interprets, and
decides to do. Even under the best circumstances, racial profiling is rather
difficult to distinguish from morally and legally acceptable rationales for stopping
vehicles. There are many factors that may impact officer decision-making
processes. Some of them include: A sense of ethics and morality, the influence
of the police subculture, formal and informal training, policies, discretionary
practices, and case law. These and other issues relevant to officer decisions
regarding traffic enforcement are discussed in detail in the next chapter.
Although these issues cannot be examined in this study, they are included

because all of them may have an impact on officer perceptions of racial profiling.

23

DISCUSSION OF ASSOCIATED LITERATURE

Definitions of Key Concepts

There are several important concepts contained in this study. In order to
enhance the clarity of purpose, the following concepts will be discussed:
profiling, racial profiling, reasonable suspicion, probable cause, moving violation,
non-moving violation, aggressive driving, pretext traffic stop, and dual motive
traffic stop. The concepts and definitions presented in this section will be used
throughout this study. Readers should refer back to this section for any
necessary clarification.

<5\Profiling is a generic term. According to the Massachusetts Executive

Office of Public Safety (2001), profiling is the practice of detaining or stopping a
suspect based on a broad set of criteria which cast suspicion on an entire class
of people without any individualized suspicion of the particular person being
stopped. Profiles in law enforcement have been used extensively in the past.
The primary impetus for using profiling in policing was related to the war on drugs
in the 1980’s. It was believed that if police could identify specific characteristics
of drug couriers, the United States could win the war on drugs. For example, in
the mid to late 1980’s, it was discovered that Jamaicans and Rastafarians were
known to operate and transport narcotics in specific types of vehicles: Toyota
Corollas and Cellicas, Datsun B—210s, and Volvos (Institute of Police Technology
and Management, 1991). This information was disseminated throughout the law

enforcement community via training seminars. It resulted in traffic enforcement

24

officers stopping vehicles for relatively minor traffic violations in order to search
for narcotics. Although a traffic violation did occur, the underlying reason for the
traffic stop was that the driver or vehicle fit the current drug courier profile.
Targeting people because they possess certain personal attributes (i.e.
Jamaican, Rastafarian, or African American) runs counter to the fabric upon
which this nation was founded: individual rights, liberty and justice.

Although there has been a flurry of attention brought to the topic of racial
profiling in the past several years, this issue has been prevalent in law
enforcement for some time. This study will explore the issue of traffic
enforcement with some emphasis on racial profiling.

Perhaps the simplest definition of racial profiling is taken from Ramirez,
McDevitt, and Farrell (2000). Racial profiling is defined as any police action that
is based on the race, ethnicity, or national origin of an individual. This definition
is further specified by excluding the behavior of an individual or information that
leads the police to locate and/or detain a particular individual who has been
identified as having been involved in criminal activity. This is an important
distinction. lt explicitly states that the police may not use race, ethnicity, or
nationality as a reason to stop and/or search an individual. However, in the
greater interest of public safety, police may use race, ethnicity, or nationality to
stop an individual who matches the description of a criminal suspect. .13.

Fridell et al. (2001) discuss racial profiling by stating that the term racial
profiling is inappropriate. The meaning of this term is often restricted by police to

law enforcement activities that are initiated solely on the basis of race. Officers

25

may use other personal attributes such as age, gender, or ethnicity to guide their
decisions. They may also use probable cause or reasonable suspicion in
combination with race to guide decisions. For example, officers may stop Black
drivers for inoperable headlights and not stop White drivers. In this scenario, the
police are using probable cause of a traffic violation and the race/ethnicity of the
driver as stopping criteria. This type of situation would not fit into a limited
definition of racial profiling. As such, F ridell et al. (2001) use the term racially
biased policing. Based on observations of police-citizen focus groups, they
found that the citizens were apt to cite racial profiling as any form of racial bias by
police. Thus, in order to appropriately study this issue on a national scale, the
most inclusive definition should be used.

Racially biased policing involves the use of legal standards of proof to stop
vehicles. As such, it is important to include a discussion of this topic here. There
are two standards of proof that police officers may use to provide legal
justification for initiating a traffic stop: reasonable suspicion and probable cause.
Reasonable suspicion was established as a legal standard of proof in Terry v.
Ohio (1968). In its decision, the Court stated that reasonable suspicion requires
more than an officer's “inchoate and unparticularized suspicion or ‘hunch,’
[rather, it requires] the specific reasonable inferences which he is entitled to draw
from the facts in light of his experience” (p. 27). In essence, reasonable
suspicion is more than a gut feeling (Bohm & Haley, 1999). It is a standard of
proof that leads a reasonable person to believe that criminal activity is afoot (that

a crime is being committed, will be committed, or has been committed)

26

(Dempsey, 1999). Reasonable suspicion includes the ability to articulate
reasons for the suspicion in a court of law.

Probable cause is a greater standard of proof. It is the amount of
evidence necessary for a reasonable person to suspect that a crime has been
committed and that a certain person committed it (Dempsey, 1999). Any
violation of the motor vehicle code provides an officer with probable cause that a
traffic offense has been committed.

The vehicle code, motor vehicle code, or traffic code, is an all-
encompassing set of laws designed to provide for the safety of the motoring
public and pedestrians. Police officers receive training on the vehicle code in the
police academy. Upon graduation from me academy, traffic stops are usually
one of the first aspects of the job that are experienced by a rookie officer. There
are several reasons for this. First, it provides the rookie officer with the
opportunity to decide if a traffic offense has been committed and whether
reasonable suspicion or probable cause exists to make a traffic stop. Second, it
provides training and experience on the ability to divide one’s attention on many
tasks such as: pursuing a violator, using the emergency lights and possibly the
siren, calling in the stop, safely operating the police cruiser, and properly
positioning the cruiser behind the violator to ensure officer safety.

Third, upon making the stop, it provides an opportunity for the officer to
interact with a member of the public. The citizen may test the officer’s
professional conduct during the traffic stop. The citizen may become irate due to
the fact that helshe was stopped and may possibly receive a traffic citation. And

27

finally, the traffic stop is a situation that is easier to control. The officer is usually
in a position to maintain control of the situation by keeping the driver contained
within the stopped vehicle. Thus, traffic stops can provide an officer with the
entire gambit of police activities in a semi-controlled environment. It is the use of
probable cause or reasonable suspicion in conjunction with a personal attribute
such as race when executing law enforcement that creates problems with racially
biased policing.

There are two primary types of vehicle code violations that provide
probable cause to initiate a traffic stop: moving violations and non-moving
violations. Moving violations consist of speeding, failing to stop at a stop sign,
fleeing the scene of an accident, failing to use a turn signal when turning, and
driving through a red traffic signal, to name a few. Non-moving violations can
include equipment violations such as a non-functioning headlight, taillight, or
license plate light, a cracked windshield, a missing muffler, or some other vehicle
defect.

The concepts of disorderly versus non-disorderly can be applied to the two
types of vehicle code violations. Disorderly behavior upsets the disorder or
peaceful existence of a community. When applying this concept to the two types
of vehicle code violations, it can be logically reasoned that moving violations are
examples of disorderly behavior and non-moving violations are examples of non-
disorderly behavior.

A speeding vehicle constitutes a hazard to the community. It risks the

safety of the occupants of the speeding vehicle as well as occupants of other

28

vehICIes and pedestrians. The National Highway Traffic Safety Administration
(HHTSA) advises that “speeding, [including] exceeding the speed limit or driving
too fast for conditions, is one of the most prevalent factors contributing to traffic
crashes.” Speeding was a commonality in 29% of all fatal crashes in the United
States and the District of Columbia in the year 2000 (NHTSA, 2001e: 1). As a
result of this information, police officers may be more apt to enforce speeding,
regardless of the race, gender, age, or ethnicity of the driver, as a disorderly
violation; one that poses a danger to a community.

The concept of aggressive driving is closely related to disorderly moving
violations. Over the past few years there has been an increase in enforcement
efforts aimed at curbing aggressive driving on the nation’s highways. NHTSA
specifies that instances of aggressive driving occur “when individuals commit a
combination of moving traffic offenses so as to endanger other persons or
property” (NHTSA, 20013: 1). Some of the moving violations encompassed in
the definition of aggressive driving are: speeding, failing to use a turn signal,
driving through a red traffic signal, following too closely, and failing to stop for a
posted stop sign, to name a few.

Many police agencies across the country have initiated programs to
address aggressive driving enforcement. For example, the Pennsylvania State
Police use two programs that are based on saturation patrol: Operation
Centipede and TAG-D (NHTSA, 2001b). The Ohio State Highway Patrol initiated
Operation TRIAD (Targeting Reckless, lntimidating, and Aggressive Drivers)
(NHTSA, 2001c). The Maryland State Police’s Aggressive Driving Video and

29

Non Contact Enforcement (ADVANCE) program also involves the deployment of
several officers. A vehicle is positioned to photograph speeding vehicles and the
recorded infonnation is used to generate traffic citations (NHTSA, 2001d). It is
important to note that race, gender, or ethnicity is not a factor considered in
aggressive driving enforcement programs.

The notion of a pretext traffic stop is also important in the discussion of
police profiling. Another name for a pretext traffic stop is a dual motive traffic
stop. The strategy underlying this concept is to encourage officers to think of
each traffic stop they initiate as 3 having a dual purpose: (1) to make the streets
safer, and (2) to discover a more serious traffic offense (i.e. driving under the
influence), or evidence of criminal activity (i.e. drug possession). Thus, this type
of traffic stop is one in which a police officer stops a vehicle due to a traffic
violation, but also because helshe desires to check out the occupants or possibly
search the vehicle. It is this type of traffic enforcement strategy that sets the
stage for the racial profiling debate. Critics charge that officers are being trained
to use minor violations of the vehicle code, ones that would not normally be
enforced, to stop persons of a certain race in order to question them and search
their vehicles.

The vehicle code is a comprehensive set of laws designed to protect both
motorists and pedestrians alike. It is a powerful tool that officers have at their
disposal in their day-to-day operations. The format of a pretext or dual motive
traffic stop is the following: An officer on routine patrol observes a driver who

looks suspicious and decides that helshe would like to stop the vehicle. The

30

officer knows that reasonable suspicion of a violation, or probable cause is
necessary to initiate a traffic stop. Therefore, helshe may follow the driver and
look for a moving or non-moving violation so that there is probable cause to
initiate a traffic stop. Once the vehicle is stopped and the occupants detained,
the officer will check the identity of the driver and ask the driver for consent to
search the vehicle. It is the officer’s discretion whether or not to cite the driver for
the initial offense. The justification for this type of stop is provided by the vehicle
code that was written and enacted by the legislature, and the courts affirm the
standard of proof for such traffic stops.

At first glance, one might suggest that the police are engaging in proper
police functions by initiating these types of traffic stops. They are trained to be
suspicious and to use their instincts to search for and apprehend violators and
potential violators. This view may be especially true now, following the
September 11, 2001 terrorist attacks in New York City and Washington, DC, and
the bio-terrorist attacks on the east coast. However, the primary question
regarding this type of traffic stop revolves around the issue of legality. All levels
of courts, including the US. Supreme Court have heard and ruled upon cases
involving pretext traffic stops (see Whren v. United States discussed in a later
section). There is also an ethical issue at stake. Is deception an ethical
practice? ls deception a behavior that should be condoned by the courts? Due
to the recent targeting of Arab-Americans because of the fear of terrorism, there
will likely be a flurry of additional cases brought before the courts in the years to

COINS.

3|

Police Ethics and Morality

The topics of police ethics and morality are important in the discussion of
police profiling. The Law Enforcement Code of Ethics states that police should
be impartial and enforce the law on an equitable basis. Poor ethical and moral
principles of police officers may adversely impact law enforcement practices and
create racial tension between the police and the community.

The police deal with problems of human behavior on a regular basis.
These problems require the police to act legally, ethically, and morally. Jones
and Carlson (2001) make a distinction between ethics and morals. They suggest
that morals refer to human behavior and ethics refer to the study of morals and
morality. Close and Meier (1995) concur by stating that ethics is “a branch of
philosophy that concerns the study of right and wrong, duty, responsibility, and
personal character” (p. 3). Andre and Velasquez (1999) suggest that ethics is
not a static set of standards; it is a living, evolving set of beliefs that we, as a
society, must examine and live up to as a part of our everyday lives.

The concept of ethics is both philosophical and pragmatic. Police officers
rely heavily on the practical aspects of ethics. As Radelet and Carter (1994)
suggest, police employ the perspective of applied ethics during the course of
their duties (i.e. during reasoned decision-making processes). Thus, individual
attitudes, morals, and occupational socialization and experiences coalesce to

guide the behavior of police officers.

32

Sources That Guide Ethical Decisions

The importance of discussing ethics is obvious. Police are required to set
an example for the rest of society to follow. Proper behavior and decision-
making is imperative. It is sometimes easy for police officers to go astray and
make decisions that are unethical. Such is the case with racially biased policing.
Gaines et al. (1999) discuss several sources that guide police officers in making
ethical decisions: justice, law, agency policy, a professional code of ethics, and
social nomis and personal values. Each of these sources is critical in explaining

the decision-making practices of police officers as they relate to law enforcement.

dialog

Gaines et al. (1999) state that justice is difficult to define, however, this
concept implies fairness. Plato wrote of justice in The Republic, a personal
account of his thoughts on the shaping of society. He too experienced difficulty
defining this concept. As Gaines et al. (1999) suggest, it is relatively easy to
provide examples of circumstances in which justice is lacking. Plato identified
the conflict between the affluent and the indigent as a primary injustice in society.

Eliminating conflict in society can be achieved by using reason. Reason is
a characteristic of a thinking and knowledgeable person. This type of person will
perform moral acts. Ignorance results in immoral acts. Plato suggested that,
“our object in the construction of the state is the greatest happiness of the whole,
and not that of any one class” (as cited in Jones & Carlson, 2001: 32). The

notion of the greatest happiness of the whole is explicit in the concept of

33

utilitarianism formulated by john Stuart Mill and Jeremy Bentham. Plato’s
statement as well as the concept of utilitarianism has many implications for law
enforcement practices.

Even after examining the writings of Plato, one still is left wondering how
to define justice. Is justice the same for all people? Is it absolute or is it relative?
Gaines et al. (1999) suggest that justice and injustice differs based on a person’s
point of view. Perceptions matter. For example, the police perceive injustice by
witnessing offenders walking through the “revolving door of justice.” Offenders
perceive injustice in the manner in which police conduct themselves.

The clarity of justice is further confounded by the debate of absoluteness
(i.e. right or wrong) versus relativity (i.e. gray areas between right and wrong).
For example, is stealing a loaf of bread always bad, or is it acceptable if the thief
has no money and is stealing it to feed his starving family? Justice is a complex
concept involving human behavior, an evolving set of beliefs, individual
characteristics and circumstances, and individual perceptions.

Officers who have a warped sense of justice may be those engaging in
racially biased policing. Justice is compromised when officers are permitted to

use race, age, or gender as an important criteria in stopping vehicles.

L._a__w
Law is an instrument of social control. It has a dual function in society. It
is a source of governmental control over people, and a source of citizen control

over the government. As such, it is a social contract entered into by consenting

34

parties. The idea of the social contract originated in the writings of Thomas
Hobbes. A social contract refers to the rules of justice and how society and
government responds to them. It is an agreement between parties regarding the
moral and ethical behavior of its members. The controversy surrounding this
issue is trust. For a social contract to be effective and lasting, a certain amount
of trust is imperative. Viewing this issue from the position of the citizenry one can
ask, since police activities are often times conducted outside the public’s view,
can one be certain that the police will act in an ethical manner?

If the law permits officers to make pretext traffic stops, what impact does
this have on the social contract between citizens and the police? Can we trust

that police are not enforcing laws based on personal bias?

Meng Policy

All law enforcement agencies have policies and procedures. Policies can
be formal (written) or informal (unwritten). Goodman (1998) suggests that when
something is established in writing, “we notice it, read it, refer to it, remember it,
and ultimately adhere to it" (p. 4). Most formal policies specify procedures to be
employed by officers. For example, situations in which the use of force is
justified, police pursuit guidelines, and the impounding and searching of vehicles.
These policies are often recorded and a copy provided to each officer in the
department. Other formal policies set behavioral guidelines in terms of

acceptable and unacceptable officer conduct.

35

Formal policies are beneficial to the department, individual officers, and
the citizens. If a controversial issue arises in which the behavior of an officer is
questioned, department managers and citizens can compare the circumstances
of the incident to existing policy and adequately and equitably evaluate the
officer’s behavior.

Although some officers may view written policies as a method of censure
or limit to their autonomy, they too benefit by the enactment of formal policy. If a
situation should arise in which a policy exists, officers can refer to policy
guidelines in arriving at a resolution to the problem.

lnfonnal policies are more problematic in terms of ethical behavior.
Because infomial policies are not recorded, evaluating the correctness of officer
behavior becomes problematic. Challenges to officer behavior now become
rooted in instances of past practice. Challenges to informal policy often result in
the creation of formal policy. Formal policies remove the “gray areas“ of
behavior. (The creation and reliance on informal policy in relation to police

training and the police culture will be discussed further in subsequent sections).

Police Policies Regarding Racial Profiling

Over the past several years there has been increasing concern over the
practice of police profiling based on race, ethnicity, or gender. This concern has
spawned action from the Office of the President of the United States, other
governmental agencies, and individual police organizations. On June 9, 2001,

President Clinton introduced new legislation regarding racial profiling. The

36

Memorandum on Fairness in Law Enforcement was introduced in order to help
build the trust of all Americans regarding law enforcement. The memorandum
states:

No person should be subject to excessive force, and no person should be

targeted by law enforcement because of the color of his or her skin.

Stopping or searching individuals on the basis of race is not effective law

enforcement policy, and is not consistent with our democratic ideals,

especially our commitment to equal protection under the law for all
persons. It is neither legitimate nor defensible as a strategy for public
protection. It is simply wrong (Memorandum on Fairness in Law

Enforcement, 1999: 1).

Federal agencies were directed to collect and report data concerning law
enforcement activities relating to race, ethnicity, and gender.

President George W. Bush followed President Clinton’s directive with a
memorandum instructing the US. Attorney General to:

Review the use by federal law enforcement authorities of race as a factor
in conducting stops searches, and other investigative procedure...work with the
Congress to develop methods or mechanisms to collect any relevant data from
Federal law enforcement agencies and work in cooperation with state and local
law enforcement in order to assess the extent and nature of any such practices
(President Bush’s Directive on Racial Profiling, 2001:1).

Attorney General Ashcroft followed this directive with the creation of a
United States Senate Subcommittee on the Constitution, Federalism, and
Property Rights. This subcommittee was first to address the scope of the
problems relating to “driving while black.” Harris (2000) introduced several
reasons why the identification of racial profiling is in the best interest of law
enforcement. One of the more prominent points was the rational discrimination
argument. This argument deals with the mentality that Blacks commit a

disproportionately high number of certain crimes and therefore should be

37

targeted in order to make the best use of law enforcement efforts. Statistics have
shown that “hit rates” (i.e. finding contraband) in vehicle searches have been
lower for both Blacks and Hispanics than for Whites.

A second important point was the creation of “corrosive cynicism.”
Racially targeted traffic stops have caused Blacks to mistrust the fairness of the
police and courts. This cynicism has become so pervasive in the general public
that it includes White citizens who often believe that Blacks are unfairly targeted.
As a result of the subcommittee’s concerns, 25 states introduced programs
dealing with the issue of racial profiling. Many of them contain similar elements.
Rhode Island and Massachusetts are provided as examples.

The Rhode Island Legislature declared that racial profiling as the sole
basis for stopping or searching motorists is against policy and a violation of civil
rights. An advisory committee was developed to collect information regarding the
reasons for traffic stops. Variables were noted such as the date and time of the
stops, the ethnicity, gender and age of the driver, whether vehicles were
searched, the results of the search, and whether any warning, citation or arrest
was made as a result of the stop (Rhode Island Chapter 251, 2000).

Massachusetts developed the most comprehensive anti-racial profiling law
in the country. This provision seeks to identify and eliminate unlawful racial and
gender profiling by police officers. Several key provisions were implemented:

0 Development of a model policy on racial and gender profiling to be
included in the criminal justice training council’s curriculum

. Initiation of a public awareness campaign

38

0 Establishment of a toll free hotline number for complaints of racial
profiling

. Revision of the MA Uniform Citation to include a field indicating that
a vehicle search was conducted

. Creation of a protocol instructing officers on recording race, sex,
and vehicle searches

. Updating the Driver Education Manual to add a section informing
drivers how to file a report of racial profiling

. Data collection and analysis to identify practices of racial profiling

(Massachusetts Executive Office of Public Safety, 2001: 1)

Code of Ethics

August Vollmer’s vision of policing in the 1920’s involved the notion of
professionalism. His belief was that officers should view police work as a moral
commitment, and that they possessed the ability to control crime while remaining
value-neutral about social issues (Carte & Caite, 1975). He advocated the use
of intelligence and psychological tests for selecting police recruits as well as the
incorporation of university training as part of police training (Dempsey, 1999).
Vollmer’s conception of the ideal officer was one who was highly educated,
knowledgeable and skilled in the latest technological advances, and committed to
police work (Crank & Caldero, 2000).

As a result of Vollmer’s professionalism effort, policing in the United States

began to change from an occupation dominated by political patronage and

39

corruption to a profession characterized by increased training and moral
commitment (Sykes, 1989). It has been stated that every profession is governed
by a code of ethics (Gaines et al., 1999). A code of ethics provides acceptable
and unacceptable standards of behavior (Hess & Wrobleski, 1997). In response
to Vollmer’s professionalism efforts, the lntemational Association of Chiefs of
Police (IACP) decided that one criterion necessary for policing to be considered a
profession was a unified code of ethics. The first law enforcement code of ethics
was adopted in 1957.

Pavula (2001) asserts that a code of ethics is a living, breathing document
whose content must change in conjunction with changes in a profession and with
the shifting expectations of society. The process of developing, challenging, and
modifying the tenets of a code of ethics is the responsibility of the members of a
particular profession. A code of ethics should not merely be a framed document
that is displayed on a wall and forgotten.

Since its inception in 1957, the law enforcement code of ethics has
undergone several modifications by the IACP. The IACP adopted the most
recent version of the law enforcement code of ethics and the code of conduct for
law enforcement during the 1991 annual conference (see Appendix A for the Law
Enforcement Code of Ethics and Appendix B for the Police Code of Conduct).
The ideals contained in these codes are rooted in the morals and values
purported by August Vollmer.

Pollock-Byrne (1989) advocates the significance of ethical conduct in

police work by stating:

40

A set of ethics will help the officer make decisions in a lawful,

humane, and fair manner. A code of ethics also helps to engender

self-respect in individual officers; self-pride comes from knowing

that they have conducted themselves in a proper and appropriate

manner. Further, a code of ethics...helps in the development of

an esprit de corps. As with any profession, an agreed-upon

code of ethics is a unifying element and one that can help define

the occupation as a profession... (p. 73)

However, the positive value of a code of ethics is debatable. Gaines et al. (1999)
propose:

The police code of conduct...offers little control over police officers

and provides only the external trappings of professionalism because

there exists no professional standards committee that reviews and

sanctions police officers for violations of their own code. The police

code of ethics and conduct...is an expression of mutual concerns that

have historically gone unenforced by the police as a professional group.

(0343)

Harrison (1996) expands on this conviction by stating: “Codes of ethics do not
motivate people to behave well. They assist only the people who already want to
do so” (p.307). Implied in these quotations is the idea that law enforcement
officers fail to understand the meaning behind the code of ethics.

Davis (1995) compares police officers with lawyers, physicians, and
engineers by stating that police officers experience much more confusion about
the meaning and application of ethical principles as the latter three professions.
This author disagrees. Police officers do understand what it is to behave in an
ethical manner, and they understand the concept of a profession. What Davis is
trying to describe is not confusion; it is conflict and reality. One cannot compare
the police with other occupations in tenns of decision-making processes
(discretion). The police differ from the medical profession, lawyers, and

engineers in one important aspect: Police officers must make rapid decisions

41

based on minimal information. Often times, police officers do not have the luxury
of gathering additional information prior to making a decision at an active
incident. However, physicians can perform medical tests before arriving at a
diagnosis, lawyers can conduct legal research prior to a trial, and engineers can
rely on research and computer models to design and construct a structure.

In tenns of confusion, Davis (1995) later contradicts himself when he
states: “The police department’s formal code of ethics and its infomial code of
ethics are entirely different. The lnfonnal code of ethics results from what is
commonly referred to as the police subculture“ (p. 87). The police are aware that
the values and beliefs inherent in the fomial code of ethics (how things should be
done) often contradict those of the informal code of ethics (how things are really
done). They also understand what values and beliefs are important to abide by
within the police subculture. Officers often operate according to the lnfonnal
code because it is this code that was learned and reinforced on the job. It is this
code that binds officers together. Davis ( 1995) also incorrectly characterizes the
police subculture when he suggests that the moral support system of the police,
in terms of reinforcing ethical behavior and maintaining standards, is the “code of
silence.” By making this statement, he is implying that all officers are unethical
and/or corrupt.

If we do accept the reasoning provided by Davis and others, perhaps the
police code of ethics is a document that looks nice hanging on the wall, but is
rarely upheld. In applying this idea to racially biased policing, perhaps what is

needed is for all agencies to continue on the current path of developing policies

42

that forbid racially biased policing rather than racial profiling. If policy is in place,
which spells out punishment for violations, it may be possible to at least lessen
the occurrence of racially biased incidents. What is still problematic is identifying

racially biased actions by officers.

Social Norms and Personal Values

As previously discussed, mm and values are inherent in the formal and
informal codes of ethical behavior. Nonns and values are Ieamed and developed
through the socialization process. In policing, officers experience a socialization
process that creates and/or reinforces specific mm and values. Officers
internalize learned norms and values and live by them for their entire careers.
Once the process of internalization is achieved, officers become part of the police
subculture.

Values are an important aspect of police policy. Some agencies have
begun to incorporate value statements into policy (i.e. democratic values). Value
statements are designed as a clarification tool so that officers know what is
expected of them and so that citizens understand what the police are trying to
accomplish and how they will attempt to accomplish it. Questionable in this
approach to designing and implementing policy is whether police and citizens
possess similar values.

Rokeach et al. (1971) conducted one of the important studies on this topic.
They defined values as “an enduring belief that a specific mode of conduct or

end-state of existence is personally or socially preferable to its opposite” (p. 5).

43

In order to measure values, Rokeach et al. relied on a set of scales, one
containing terminal values (preferred and states) and one containing instrumental
values (preferred modes of behavior). They tested four hypotheses and found:
(1) the police had a different value system than the policed, (2) the police
possess values similar to particular groups in society, (3) the socialization
process that incorporates police norms and values occurs prior to an individual
becoming a police officer; police are selectively recruited from specific groups of
people who possess values similar to the police subculture, and (4) occupational
socialization has no impact on police officers’ values.

When comparing the values of police to private citizens, the results of the
Rokeach et al. study revealed that police officers were more oriented toward the
personal goals of an exciting life and a sense of accomplishment, and less
interested in social goals such as world peace and equality. In a review of the
literature on police values, Burbeck & F urnham (1985) found that police place a
higher emphasis on terminal values such as family security and a sense of
accomplishment, rather than on social values such as equality. Other scholars
found similar results in replicating the Rokeach et al. study (see Caldero, 1997
and Zhao, He, & Lovrich, 1998).

These findings have important implications for racially biased policing.
Officers who strive for a sense of accomplishment and security may be
embracing the noble cause approach to policing (i.e. apprehending criminals).

This approach may cause officers to rely on race as a factor in making decisions

about whom to stop, search, or arrest. If so, the question becomes a matter of
how to change officer values.

Relying on police socialization values research, it can be reasoned that
personal values of police officers are developed through two socialization
phases: (1) one that occurs prior to gaining employment, and (2) one that begins
in the police academy and continues throughout an officer’s career. The values
obtained from the varying sources that guide the ethical behavior of police
officers are often in conflict with one another. Value conflicts cause officers to
make choices. Following a principle of equal respect, police officers make
decisions that result in the equal treatment of everyone, regardless of the

circumstances, and regardless of race, age, and gender.

The Noble Cause

Late nineteenth century policing was dominated by politics. Police officers
were not impartial and professional public servants; they were tools of the
politicians (Walker, 1998). The primary task of police during this era was to
serve as the enforcement arm of the political party in power (Dempsey, 1999).
Officers were often expected to contribute a portion of their salaries to the
dominant political party (Haller, 1976). The function of police during this era was
primarily crime control and order maintenance.

The selection and hiring of officers was achieved through a system of
political patronage. Kelling and Moore (1988) state: “Police were often recruited

from the same ethnic stock as the dominant political groups in the localities, and

45

continued to live in the neighborhoods they patrolled” (p. 4). Walker (1998) also
emphasized the influence of politics by purporting that an individual with the
proper connections could be hired even if he was not qualified. New officers
would then receive field training from experienced officers who also taught the
methods of graft and evasion of duty.

August Vollmer’s professionalism movement in policing focused on
promoting excellence through changes in selection and hiring practices, and
proper training of officers. Vollrner believed that police could be reformed while
still remaining committed to the goals of policing: crime control and order
maintenance. He strived to rid policing of economic corruption that plagued
policing since its inception. However, one thing that Vollrner overlooked was
another type of corruption, the corruption of noble csuse.

The term noble cause is discussed by Delattre (1996). He suggests that
the manner in which we think about our own self-worth is reflected in the causes
that we accept. The noble cause in policing relates to the function of policing:
crime control. Upon entering the profession of policing, officers take on the
“cause” of policing. Through training and socialization with fellow officers, newly
recruited officers internalize the belief that the most important goal in policing is
to apprehend and convict criminals. In many instances, it is suggested that the
means of achieving the goal can be justified by the ends.

Placing the notion of noble cause within the context of this study, one can
inquire if it is appropriate or justifiable to stop a vehicle based on the personal

attributes of the driver (i.e. race, gender, or age) in order to achieve the ultimate

46

goal of crime control? In other words, do ends justify means? These are by no
means easy questions to answer. Good ends contribute to the correctness of an
act, and malevolent intentions count against it (Delattre, 1996). Good ends can
also conflict with one another. For example, is crime control paramount to the
protection of individual rights? Should we, as a society, forsake justice and the
abuse of law in lieu of a reduction in crime? Perhaps Camus (1974) provides the
best response to this question when he states that there are means that cannot
be excused. Delattre (1996) concurs by suggesting that ends justify means to a
point, by not simply or unqualifiedly.

Evidence abounds in the media of allegations of police misconduct
including planting evidence, providing false testimony, conducting illegal
searches, faking or altering reports, using excessive force, and racial profiling.
All of these behaviors can be explained by the noble cause. Crank and Caldero
(2000) propose that Vollmer’s professionalism movement, which stressed the
reduction of economic corruption and increased commitment to the occupation,
may have opened the door for noble cause corruption; the corruption caused by
caring about the goals of police work too much.

There are many practices that officers can engage in which can be
considered noble cause corruption. Pretext vehicle stops are one example. The
ultimate goal in a pretext traffic stop is to detect criminal activity, apprehend
violators, and convict them. In pretext traffic stops the vehicle code is used as a
means or justification for a greater goal or end. Pretext traffic stops fall under the

purview of racially biased policing.

47

There are three ways that an officer can eliminate the implication that race
or another driver characteristic was a reason for a traffic stop. First, because the
vehicle code is a comprehensive set of laws, it is relatively easy for an officer to
find a violation to justify a traffic stop so that the “race card” does enter into the
equation. Second, it is possible that in officers” minds the ability to use
reasonable suspicion (rather than probable cause) as legal grounds for a traffic
stop reinforces the belief that the noble cause is paramount. The third way is to
justify actions ex-post facto, or simply lie. For example, an officer could state that
helshe stopped a vehicle because the registration plate was illegible due to an
accumulation of dirt. This reasoning is based on individual perception.

In any event, the noble cause is significant in the discussion of police
conduct. It is related to the issues of justice, law, morality, social name, and
personal values discussed previously. It is also important to the topic of racially
biased policing. The police cannot improperly enforce the law with impunity. The
“I am the law” perspective undermines justice in its most rudimentary sense

(Crank & Caldero, 2000).

Police Subculture and Socialization

Any study examining the issue of racial profiling or racially biased policing
would not complete without discussing the police subculture and socialization
process. Being a police officer is not merely a job; it is a way of thinking; it is a
way of life. The subculture of policing is possibly the most influential factor in

shaping officer behavior. It is specifically related to the topic of racial profiling

48

because if this practice is accepted and/or endorsed by the subculture, officers
are influenced to engage in it. It is socially unacceptable to use race or another
personal attribute as a reason to perform the law enforcement function of
policing. The following discussion describes the police subculture and a presents
a well-known stage model of the police socialization process. The relationship
with profiling is interjected within the description.

Life experiences shape our existence and our character. An important
aspect of life experience is the process of becoming socialized into the norms
and values of society. A wholesome upbringing may or may not precede
excellence of character. However, if one does not develop excellent character
during childhood and adolescent years, it can be refonned later in life (Delattre,
1996). The dual phases of police socialization, one prior to employment and one
that begins in the police academy, both have an effect on the development of
character. The latter is a fundamental part of the police subculture.

Often times the terms culture and subculture are used interchangeably.
However, there is a significant difference between the two terms. According to
Gaines et al. (1999), a culture is used to describe differences between large
social groups such as Americans and Germans. Each of these social groups
have unique beliefs, laws, and customs that set them apart from each other. A
subculture is formed when people band together and form an exclusive group
within a culture, such as the police. The members of a subculture share similar
values as members of the dominant culture, but they also share other values

distinctive to the subculture.

49

One of the more insightful inquiries into the police subculture was
undertaken by John P. Crank (1998). The impetus for his book was a slogan
observed on a shirt worn by an off-duty police officer that summarizes the notion
of a police subculture. It read: “It’s a Cop Thing. You Wouldn’t Understand.”
Crank purports that being a police officer is a state of mind and delving into the
police subculture is a compelling way of examining the police and police
behavior.

According to Crank, culture is a confluence of themes of occupational
activity, a carrier of institutionalized values shared by a group, and an avenue for
emotional expression that captures the emotion and spice of police work. Some
of the many themes that converge to form the police culture are: suspicion,
danger, force, guns, unpredictability, common sense, and solidarity. These
terms are sometimes used in the literature to characterize police behavior.

Culture is also a carrier of significant values that are shared by officers.
Sometimes officers respond in a certain manner because they believe that it is
the proper way to respond. This could be the case in a department that
endorses the use of race or other personal attribute as a criterion for stopping
motorists.

Finally, culture is an avenue for the expression of emotions. Although
police operate and are governed by rules, regulations, the law, and policies,
these things do not provide a complete reflection of police behavior. Feelings
and personal sentiments are also an important part of the police subculture.

Certain officers may believe that it is acceptable to use race with other criteria as

50

a basis to stop someone on a traffic stop (a pretext stop). As such, one must
look beyond the influence of organizational structure to fully examine and
understand police behavior.

Reuss-lanni (1983), studied the street cop subculture. She found that this
culture originates from the old days of policing and continues to present day. It is
characterized by the social networks of street officers that define the day-to-day
job of policing. The street cop culture is viewed as the grounding stage of being
a police officer.

Many scholars emphasize the importance of the police socialization
process in the development and maintenance of Reuss-lanni’s street cop culture.
The socialization process experienced by newly appointed police officers is quite
complicated. Perhaps the most prominent analysis of the police socialization
process is that of Van Maanen (1974, 1975). He states that the occupational
culture of policing can be characterized as a four stage socialization process: (1)
entry into the organization, (2) introduction to the occupation, (3) encounters with
colleagues in the field, and (4) a metamorphosis or changing of attitudes about
police work.

The first stage, entry into police work, introduces police applicants to the
culture of policing. It includes a long application and selection procedure. Many
recruits are encouraged to apply for a position by friends or acquaintances that
are already working as police officers. Therefore, some of these recruits are

introduced to the police subculture and possess some of its tenets prior to entry.

51

 

 

The second stage begins at the police academy, where recruits are
exposed to a sometimes arbitrary system of discipline when they fail to abide by
the rules and regulations. As a form of “protection”, the recruits form tight bonds
with one another in order to avoid disciplinary action. In this respect, the
academy begins reinforcing the “us vs. them” mind-set. It can also create an “us
vs. them” divide between the police and the community.

Upon completion of the academy, a recruit believes that helshe is
equipped with the knowledge and skills necessary to fulfill the responsibilities
associated with being a police officer. However, it is soon realized that this is not
the case; there is an entirely different world that exists outside the academy. The
third stage of the socialization process begins with the new officer being
introduced to the complexities of being a street cop.

New officers are usually assigned to a field training officer (FTO) in order
to “learn the ropes”. Many experienced officers have developed the belief that
the average patrolman must be re—educated before helshe reaches the streets.
In most cases, the first thing that is said to the new officer is to forget about what
was Ieamed in the academy, they will now be shown how things are really done
(Rubenstein, 1973; Weistart, 1974).

The third stage is a significant turning point in learning the values and
beliefs inherent in the police subculture. It is at this junction that the ground rules
are set. Reuss-Ianni ( 1983) refers to these rules and guidelines as the “cops
code.” This unwritten code regulates relationships between fellow street officers

and between street officers and management. Some of the elements of the cops

52

code are related to the practice of profiling. The code includes such things as
concerns for officer safety, staying out of trouble, maintaining productivity within
set parameters, loyalty to other officers, never violating the trust of another
officer, never giving up another cop, and always cover your ass from
management.

Manning (1997) elaborates on the process of an officer covering his/her
ass. He purports that officers who fear discipline may lie to a supervisor in order
to avoid punishment for violating a department policy or regulation. Thus, if an
officer is engaging in the practice of racial profiling or racially biased policing,
helshe may not admit so for fear of reprisal.

The culmination of Van Maanen’s police socialization process is a
metamorphosis. This stage is characterized by a change in the attitude and
behavior of new officers. It occurs approximately six months after beginning the
job. At this point an officer’s attitude begins to resemble that of more
experienced officers. This stage is important in terms of the values and beliefs
that are instilled by the subculture. If racially biased policing is endorsed, all
officers may be contributing to the perceptions and reality of racial profiling.

Another perspective on the police subculture suggests that officers are
diverse in their means of reconciling the use of force (Muir, 1977). Muir’s
typology can be applied to the practice of profiling. Muir suggests that there are
four types of officers: the professional, the reciprocator, the enforcer, and the
avoider. Different levels of passion and perspective characterize each type.

Passion is a moral virtue, reconciling oneself to using morally dangerous, violent

53

means to achieve the ends. Perspective is an intellectual virtue, seeing the big
picture or respecting the pain and sorrows of others.

Professionals and enforcers are the two types that can be used to
characterize profiling. The professional possesses both passion and
perspective. Law is invoked in a professional manner after careful consideration
of the circumstances. This type of officer would be east likely to engage in
profiling because helshe carefully considers the circumstances. The enforcer
has passion but lacks perspective. For this type of officer, the enforcement
response is aggressive and the officer does not consider the circumstances
surrounding the event. This type of officer would be most likely to use profiling
as a means of law enforcement and also see no problem in doing so.

While evidence exists that there is a subculture unique to policing, it is
problematic to suggest that the elements of the subculture can predict police

behavior in every situation. There are many factors that affect police behavior.

Police Training

Police officers must balance their learned skills and enforcement
knowledge against the prospect of discriminatory practices based on race,
gender, and age. Police training plays a vital role in attempting to decipher this
provocative and complex issue. One critical part of becoming and maintaining
the status of a sworn law enforcement officer is training and experience. There
are three primary sources of training: recruit or academy training, field training,

and in-service training.

54

Recruit training is the initial training that police officers receive. The
primary purposes of recruit training are to orient new officers to the police
department, expose them to the department’s objectives, and provide them with
the skills necessary to address the diverse problems of every day police work
(Gaines & Forester, 1983). The content and length of recruit training programs
vary among agencies. This stage of training can consist of two weeks of fireanns
training or include four to six months of academic and physical fitness training
(Cole, 1992). Other elements of the training process may include emergency
vehicle operations, emergency first aid training, law and procedure, ethics, ethnic
diversity, human relations, and departmental policy training.

All three stages of training are elements of the police socialization process
discussed previously. However, recruit training is at the forefront of exposure to
the police subculture. Rookie officers emerge from the academy as a product of
life experiences and training (Alpert & Dunham, 1997). The nature and the
quality of the training that recruits receive is of the utmost importance. Training
needs to emphasize the ability to make proper decisions. Obviously, it is virtually
impossible to instruct recruits on responses to every type of situation that they
will encounter in the field. However, instructors can provide a foundation for
recruits to rely upon when making decisions. One element of this foundation is
the infusion of values. Training in values is a recent phenomenon (Kleinig, 1990;
Delattre, 1996). Human relations and ethnic diversity training are also important
areas of instruction. In essence, recruits should graduate the academy with the

ability to quickly understand situations and the consequences of their actions.

55

Formal field training officially began in the 1970’s (Alpert & Dunham,
1997). Prior to this era, rookie officers were immediately placed on patrol and
expected to perform adequately. However, new officers prior to formal field
training were still instructed or guided by veteran officers. As such, new officers
did receive lnfonnal field training.

In tenns of the police socialization process and the police subculture, new
officers are exposed to traditional methods of performing the job during field
training. Rookie officers learn what is acceptable behavior by interacting with
other officers on calls and during coffee breaks where officers reflect on calls
received and responses meted out. Field training may have a dramatic effect on
officer behavior regarding the initiation of vehicle stops. If an officer is instructed
in the use of the vehicle code as a tool for making pretext traffic stops, then there
may be a problem with using race, age, or gender as a criterion for deciding to
stop a vehicle. It is a field training officer’s responsibility to inform new officers
that relying on race, age, or gender as a basis for a traffic stop is not acceptable.

ln-service training is also important in the prevention of the practice of
racial profiling. Officers are required to attend annual mandatory in-service
training classes. The classes customarily train officers in changes in criminal and
vehicle laws. Other classes may include relevant topics such as ethnic diversity
or domestic violence. If officers were to receive training on racial profiling in a
classroom setting, it may correct existing problems and prevent any future

problems from occurring.

56

Additional training schools are available to officers throughout their
careers. Some of the more controversial training programs, in terms of racial
profiling and pretext traffic stops, are narcotics training programs. One such
program is provided by The Public Agency Training Council on Drug/narcotic
lnterdiction and Investigation for the Street Officer. The first page of the training
manual instructs officers to look beyond traffic violations when stopping vehicles
on the highways. The ultimate goal is to locate drug couriers, stop their vehicles,
search them, and seize illegal contraband.

The manual continues by providing several key characteristics that officers
should be cognizant of when deciding to initiate a traffic stop including:
displaying rental tags, vehicles rented from the airport, and Jamaicans or
Rastafarians because they have been known to operate and transport narcotics
in several types of vehicles. A list is provided of the makes and models of
vehicles. The instructors do not suggest that officers should use the race of a
driver as a reason for a traffic stop. Officers are instructed to rely on the many
violations contained in the vehicle code as probable cause to stop a vehicle. In
essence, they are supporting the notion of pretext traffic stops (racially biased
policing).

College education is another important issue in regards to police behavior.
One question frequently asked is if college educated officers make better police
officers? Radelet and Carter (1994:152-3) summarize the benefits of higher
education for police officers, some of which are presented here:

o It provides a broader base of information for decision-making

57

. It develops the ability to handle difficult situations with greater
creativity or innovation
c It fosters greater understanding and tolerance for persons with
diverse lifestyles and ideologies
c It encourages the use of discretion and application of the spirit of
the law rather than the letter of the law
c It enables officers to accept and adapt better to organizational
change
c It enables officers to adapt their styles of policing to a wider range
of social conditions and classes
Some of the benefits listed above may prevent officers from engaging in
racial profiling. If higher education does foster greater understanding of diversity,
then officers may not use race, gender, or age as deciding factors to initiate a
traffic stop. Radelet and Carter (1994) suggest that regardless of a specific
intent, college education appears to make an officer more effective in the

performance of his/her duties.

Police Discretion

Discretion is at the heart of the criminal justice system. Prosecutors
decide which cases to prosecute, jurors decide the innocence or guilt of
defendants, probation and parole officers decide which clients should return to
prison and which ones deserve a second chance, and judges decide

punishment. However, nowhere in the system is discretion so readily necessary

58

and evident than in policing. Every police-citizen encounter involves some level
of discretion. Police officers are given great latitude in making decisions in the
field. Police use discretion when considering to arrest, to use force, to stop
vehicles and issue citations, to take a report, and to investigate a crime.

There are many reasons why discretion is an essential part of police work.
Sheehan and Cordner (1989) present several reasons why police exercise
discretion:

. Total enforcement ties up officers causing a lack of public
protection
. Complete enforcement would overwhelm the criminal justice
system
. Some laws are vague and require interpretation
c Complete enforcement would adversely impact police—public
relations
Hess and Wrobleski (1997) also cite three reasons why discretion is
necessary. First, the letter of the law overreaches. There are traffic law violators
that have “legitimate” or reasonable justifications for breaking the law. For
example, a man may be speeding because he his taking his pregnant wife to the
hospital because she is in labor. Speeding is a traffic violation, but is the reason
for speeding justifiable?

A second reason supporting the necessity of police discretion is to

maintain the spirit of the law. Suppose a speeding motorist indicates that she is

a school bus driver and has never received a citation in her life. Also, she is a

59

single mother with three children, and if issued a citation, she will lose her job
and not be able support her family. Again, speeding is a traffic violation, should
the spirit of the law prevail over the letter of the law?

The third reason for discretion is due to the impossibility of legislators
and/or police administrators establishing guidelines on every social and criminal
situation that police could encounter. Therefore, we must rely on the morals and
ethics of officers to properly exercise discretion. The success of any attempts to
regulate police discretion is subject to officer compliance.

Although police departments can provide guidance through rules,
regulations, and supervision, rarely are specific dispositions specified in criminal
laws or agency policies. Officers are given the power to decide who has violated
a law and what should happen to the violator. One noteworthy exception to
mandated dispositions is contained in pro-arrest policies for domestic violence.
As a result of the Minneapolis Domestic \fiolence Experiment (Shaman & Berk,
1984), which revealed that arrest reduced the recurrence of violence, many
police agencies adopted pro-arrest policies. These policies limited the
discretionary power of officers and required them to effect an arrest if certain
clues or factors were present. Discretionary power on traffic stops can be limited
by prohibiting the use of racially biased policing.

One method of understanding discretion is to examine the two models of
criminal justice proposed by Packer (1968): the due process model and the
crime control model. The due process model centers on legal safeguards and

individual rights. The precept is justice and equity within the system. The crime

control model emphasizes protecting the interests of society. Thus, the police
are endowed with discretionary powers to protect society. The apprehension of
suspects is paramount. As such, the noble cause of policing takes precedence
over individual safeguards. The police are placed in a quandary and must
balance both models of criminal justice in the regular performance of their duties.

Traffic enforcement is one area where there is little restriction in terms of
which vehicles and drivers officers may stop, and which violations deserve a
citation. Officers can stop any vehicle they choose. Brooks (1993: 161) asserts
that: “It appears as though organizational characteristics, neighborhood factors,
situational cues, officer characteristics, and lastly, officer attitudes, all play some
part in the decisions that police make regarding their behavior.” Bartol (1983)
states that the use of discretion is influenced by additional factors such as
training, supervisors, politicians, agents of the criminal justice system and the
public.

Administrators, politicians, and the public encourage traffic enforcement.
Administrators often base officer evaluations on productivity, which includes the
number of traffic citations and arrests. Seldom is an officer chastised for
producing a large volume of traffic citations and arrests. Politicians encourage
traffic enforcement as a means of protecting society and saving lives. Reduced
crime and increased safety provides a strong foundation for a political platform.
Although few people enjoy being stopped by the police and/or receiving a traffic
citation, citizens do understand that traffic enforcement is a necessary role of the

police.

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According to Kappeler, Sluder, and Alpert ( 1998), discretion holds the
potential for abuse. Officer decisions to act or fail to act can be based on
inappropriate criteria such as gender, race, age, physical appearance, or other
biases held by officers. A police response based on prejudice or bias is an
inappropriate use of discretion.

Radelet and Carter (1994) agree by stating that the use of discretion may
turn into discrimination. They also concur that the use of the inappropriate
criteria presented by Kappeler et al. as a basis for making decisions does occur.
If Wilson (1968: 21) is correct in stating that, “The patrolman believes... that
teenagers, Negroes, and lower income persons commit a disproportionate share
of all reported crimes,” then this belief may support the idea of profiling motorists
in order to achieve the noble cause of policing (apprehending criminals).

There are variables other than gender, age, and racelethnicity that may
affect police discretion. Officers may rely on the seriousness of the offense and
the demeanor of the offender. Many studies have shown that the seriousness of
an offense is the most important factor that influences an officer’s decision to
make an arrest (La Fave, 1965; Wilson, 1968; Black, 1971; Smith 8. Visher,
1981; Sealock 8. Simpson, 1998; Mastrofski, Snipes, Parks, & Maxwell, 2000).
The more serious the offense, the more likely officers are to handle the incident
in a formal manner, including arrest. Jacob (1973:27) notes, “a serious crime
leaves the police less freedom...to ignore it or exercise discretion.“ The same
can be true for traffic offenses. More serious offenses may demand more

serious action by police.

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Demeanor is also associated with police decision-making practices.
Existing research indicates that respectful citizens are the recipients of respectful
attention from the police. Citizens who are uncooperative, show disrespect, or
provoke the police are more likely to be the recipients of police force (Westley,
1953) and more likely to be arrested (Piliavin 8. Briar, 1964; Black & Reiss, 1970;
Ericson, 1982; Smith & Klein, 1984; Lundman, 1996; Worden & Shepard, 1996).
Drivers who are disrespectful to police during a traffic stop may be more likely to
receive a citation, even if the officer had initially decided to issue a warning. In

essence, the driver talks him/herself into a ticket.

Deployment of Police

The allocation and deployment of police are critical aspects of police
administration. In the early years of policing, resources were squandered by
basing allocation decisions on political considerations. More recently, police
administrators recognized the need to assign manpower and expend resources
based on necessity, relying on crime rates and patterns as well as citizen
requests (Sheehan & Cordner, 1995).

The collection and analysis of activity data assists in the proper and
efficient allocation of manpower. Directed patrol is one outcome of activity data
analysis. Directed patrol is an alternative to random routine patrol in which
officers are provided with specific responsibilities or goals when not responding
to calls for service. One notable example of directed patrol is the Kansas City

Gun Experiment. In this experiment, computer analysis of gun data was used to

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identify a hot-spot area. Officers were instructed to focus patrol efforts in this
area, focusing on confiscating illegally possessed firearms. A primary method of
gun detection was traffic stops. During the twenty-nine weeks of the experiment,
participating officers initiated thousands of traffic stops. As a result of increased
traffic enforcement, public fear of crime was reduced.

Directed patrol was one reason used by Illinois law enforcement
representatives to justify police resistance to collecting race data on traffic stops
(Hoover, 2000). They argued that calls to police vary by neighborhood, and the
poor call upon the police more often than the wealthy. This proposition is
supported by Black’s (1976) study of the sociology of law. In his study he found
that the affluent are less likely to rely on formal control mechanisms (i.e. calling
the police) than the indigent because they have other resources. The indigent
rely on the police for problem resolution because they have no other means at
their disposal.

The police representatives characterized poor neighborhoods as
consisting of predominantly minority residents. Based on the Peelian principle of
deploying police by time and area (i.e. proportional to demand), it was argued
that more officers are directed to neighborhoods with a high police call rate.
Therefore, if more police are assigned to directed patrol in minority
neighborhoods, it is logical to assume that there will be an increased number of
traffic stops involving minority drivers.

The police representatives offer a valid argument, based on logic,

organizational principles, and statistical evidence. However, it does little to refute

the collection race data on traffic stops. What it does provide is a context for
examining race data by identifying variables that must be considered by

researchers conducting future analyses.

Traffic Enforcement as a Role of the Police

If asked to identify the role of the police in society, the list may contain
such things as crime control, order maintenance, social service provider,
plumber, electrician, babysitter, mediator, or investigation. Along with these
things is the role of traffic regulator. Traffic laws exist to permit the efficient and
effective movement of vehicular traffic on our nation’s traffic ways. Individual
traffic laws are compiled in state vehicle codes. These codes may contain
upward of thousands of traffic laws, all of which can be used by police in the
performance of their duties. This author, along with other current police officers
have stated that it is possible to find at least one reason to stop every vehicle if it
is followed long enough.

Bufe (1989: 621) notes the significance of traffic enforcement by the
police: “Enforcement is a unique police contribution...to the entire structure of
PTS [police traffic servicesl.“ Although there are other agencies that assist in the
safe and efficient flow of traffic (i.e. the Department of Transportation and local
highway departments), the police are the only agency afforded the legal authority
to enforce traffic laws.

Traffic regulation is where most citizens have their first and sometimes

only contact with the police (Radelet 8: Carter, 1994; Hess & Wrobleski, 1997).

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The instance of being stopped by the police creates stress and tension in drivers.
The initial feelings of anxiety are often followed by frustration and embarrassment
due to being caught violating a traffic law. Feelings of frustration are sometimes
transformed into anger. Traffic citations carry with them a substantial fine and
possibly points assigned to a driver’s license upon conviction. All of these
emotions are directed at the officer making the traffic stop.
Researchers have speculated on the traffic role of the police. Thibault,

Lynch, and McBride 19982154) characterize the traffic role as follows:

0 The identification of prospective traffic hazards

c The prevention of congestion and traffic accidents

c Parking regulation

. Accident investigation

. Enforcement of traffic regulations

c Arresting violators
The common denominator underlying all of the aforementioned characteristics is
community safety. Although safety is important, there are other functions of the
traffic enforcement role of the police. The traffic role has been associated with
crime reduction or prevention. Traffic stops can lead to criminal arrests,
recovering stolen property, and the apprehension of fugitives.

Officers are often trained to look beyond the traffic ticket when deciding

which vehicles to stop. Some training topics that may be helpful to officers
engaging in this practice include: patrol interdiction, interview techniques, human

behavior analysis, drug recognition, gang awareness, and search and seizure

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procedures. Traffic enforcement is viewed as an integral part of criminal
interdiction and community policing. Officers are encouraged to view traffic stops
as a method of ensuring public safety as well as a mechanism for discovering
criminal activity. NHTSA (1997) presents several characteristics regarding traffic
enforcement: (1) It is universal to law enforcement, (2) it is an effective tool for
reducing criminal activity by providing a visible deterrent, and (3) officers are
versatile generalists who enforce traffic laws and apprehend criminals. They cite
these reasons in support of the practice of looking beyond the ticket.

This practice has resulted in success for some agencies. One example is
the Peoria, Illinois Police Department who found that in 1994-1995, traffic
crashes decreased by 12%, citizen calls for service decreased by 7%, and Part I
Index Crimes decreased by 6% (NHTSA, 1997). Another example is the Grand
Prairie, Texas Police Department whose focus on traffic enforcement resulted in
approximately 30% of the agencies criminal arrests (Morford, Sheehan, &
Stuster, 1996).

There are also many examples of individual traffic stops for minor moving
or equipment violations that resulted in criminal apprehensions or arrests. For
example, Timothy McVeigh, who was convicted and put to death for bombing the
Alfred P. Murrah Federal Building, was apprehended by the Oklahoma Highway
Patrol on a routine traffic stop for speeding and operating a vehicle without a
registration plate. The Utah Highway Patrol apprehended convicted serial killer

Ted Bundy on a traffic stop when he sped away from an officer who illuminated

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Bundy’s vehicle with the high beams of the police cruiser. These two examples
illustrate the importance of the traffic role of police.

Often, police utilize traffic enforcement as a form of saturated patrol to
reduce crime and lessen public fear of crime. The underlying concept of this type
of enforcement strategy is to convey the impression of police omnipresence,
cited by O. W. Wilson as a purpose of police patrol. Wilson (1977) posited that
omnipresence would eliminate the opportunity or the belief that the opportunity
existed to commit crime. As such, a reduction in crime and decreased fear of
victimization would result.

Traffic enforcement is also related to the order maintenance function of
the police. Order maintenance was examined in the broken windows model of
policing by Wilson and Kelling (1982). The idea posited by this theory was that
disorder creates fear. They used the metaphor of a broken window to portray
disorder. A broken window left unrepaired, sends a signal to criminals and
would-be criminals that nobody cares about the neighborhood and criminal
behavior will be met with little resistance. Broken windows theory can be readily
applied to traffic enforcement. Allowing careless or reckless driving and
dangerous vehicle defects to flourish in a community can contribute to
neighborhood disorder. Unabated acts of careless driving are the beginning of a
slippery slope downward, toward increased public fear and criminal activity.

There are many programs that rely on traffic enforcement as a mechanism
for maintaining order in communities. The current phenomenon of road rage and

aggressive driving has spurred many such programs.

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The Pennsylvania State Police use two programs that are based on
saturation patrol: Operation Centipede and TAG-D. Operation Centipede
consists of eight to ten troopers staggered over a two-mile course of interstate
highway. They position themselves in marked and unmarked vehicles and use
radar to strictly enforce the speed limit. TAG-D uses fixed wing aircraft, and
vehicles to enforce targeted violations on the day of the operation (NHTSA,

2001 b).

The Smooth Operator Program is a multi-agency enforcement effort in the
Washington DC. area. This program involves officers from 21 police agencies
utilizing radar and video cameras to record instances of aggressive driving.
There are four waves of saturation patrol every year that results in thousands of
citations issued every six months (NHTSA, 2001f).

The above programs illustrate the renewed focus on the importance of
traffic enforcement by police agencies. Sweeney (1990) notes the importance of
traffic enforcement by suggesting that redirecting our focus on traffic enforcement
will make our communities safer, improve public relations, and suppress crime.
However, it is critical that traffic enforcement is conducted equitably. As
indicated, there are many reasons for enforcing traffic laws. Public perceptions
of inequity, such as the issue of racial profiling, can tarnish the police image and

create a rift between the police and the community.

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The U.S. Supreme Court and Racial Profiling/Pretext Traffic Steps

The U.S. Supreme Court has addressed the issues of police racial
profiling and pretext traffic stops. One decision in the Unites States v. Brignoni-
Ponce (1975) addresses the issue of ethnicity and immigration stops. The case
raises questions as to the United States Border Patrol’s authority to stop vehicles
in areas near the U.S.-Mexican border.

It is customary for the border patrol officers to conduct fixed checkpoints in
specific locations. One evening in March of 1973, weather conditions prevented
the operation of the checkpoint. Two officers decided to park along the side of
the highway and monitor vehicles using the headlights of their patrol vehicle.
Upon seeing a vehicle containing three occupants of Mexican descent, they
pursued the vehicle and initiated a traffic stop. Both officers stated that the
reason for the traflic stop was solely based on the occupants’ nationality. All
three occupants were arrested and the driver was charged with transporting
illegal aliens.

The Supreme Court’s decision was explicitly clear. It was recognized that
the United States possesses an interest in protecting its borders. An officer,
whose observations lead him/her to reasonably suspect that a particular vehicle
may contain illegal aliens, may stop the vehicle and briefly detain the occupants
and inquire about the suspicious circumstances and their citizenship and
immigration status. However, roving patrols with unlimited discretion to stop any

or all vehicles lacking reasonable suspicion is not reasonable under the fourth

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amendment. Race, ethnicity, or nationality does not constitute reasonable
suspicion for a traffic stop.

A second case, Whren v. United States (1996), addresses the issue of
pretext traffic stops by the police. Although motor vehicle codes vary from state
to state, many of the violations included lack the urgency of total enforcement.
For example, the illumination of a license plate light bulb is a requirement in the
state of Pennsylvania. Failing to stop every vehicle that does not have a
functioning license plate light does not pose a significant threat to public safety.
The point here is that there are many “trivial” vehicle code violations that an
officer may use to satisfy the probable cause necessary to stop a vehicle.

A pretext traffic stop can also be called a dual motive traffic stop (Hess &
Wrobleski, 1997). It is a traffic stop in which an officer uses a traffic violation as a
pretext or reason for looking for something else in the vehicle or hidden on the
occupants of the vehicle (i.e. narcotics). Consensus is lacking on the legality of
these types of traffic stops. In the case of the United States v. Millan (1994), the
Circuit Court held that the intent of the police officer is crucial in determining the
legality of a traffic stop. If an officer’s original intent when initiating a traffic stop
is to examine the occupants and the vehicle, any search is deemed a violation of
the fourth amendment.

Oliver (1995) examined limits on the ability to search following pretext
traffic stops. He found that the Federal Circuit Courts continue to argue over the
legality of this issue. While this debate raged, several states ratified their

constitutions by rescinding the authority of the police to search a vehicle

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subsequent to a lawful arrest. This decision could foster an additional problem
when police agencies attempt to circumvent this restriction. Police managers
can implement department policies regarding the impoundment and inventory of
all vehicles that would remain abandoned on jurisdictional traffic ways. Thus, if
an officer stops a vehicle and arrests the occupant(s), leaving no person legally
capable of operating the vehicle, the vehicle will be impounded and an inventory
search will be conducted. Any contraband recovered during the inventory search
may be used to charge the occupant(s) with an additional crime. A problem
could result from officers “trumping up” charges as a pretext to impound and
search the vehicle.

Whren v. United States (1996) addressed the issue of pretext traffic stops
by the police. This case attempted to put an end to the controversy of racial
profiling in the Circuit Courts. Harris (1997) suggests that the Court’s decision in
Whren approves two disquieting law enforcement practices that represent
precarious developments for an American society founded on the equal
treatment of all citizens. The first is related to an issue previously implied: The
scope of traffic laws is a broad and powerful tool for police. The Court’s decision
in Whren reinforces and sanctions this power. The second troublesome
development from this case is that the police will not subject all members of the
motoring public to traffic stops in the same manner. Police will stop a
disproportionate number of minorities, especially African-Americans, with

justification provided by the traffic laws.

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Police Profiling on Traffic Stops

Research on police profiling, specifically on traffic stops, is quite limited.
Data collection practices by police agencies are a recent phenomenon. During
the year 2000, over 25 states introduwd legislation concerning racial profiling by
police. Many of them passed racial profiling legislation while others required the
mandatory collection of data. There have been some analyses of the collected
data, which are primarily descriptive in nature and conducted by law enforcement
personnel. The following is a presentation of the bulk of existing literature on
racial profiling by police.

The issue of racial profiling was brought to public attention in the late
1980’s. The urgency of this issue began with complaints from citizens directed at
the New Jersey State Police. The accusations claimed that Troopers were
stopping motorists solely because of their race. In 1993 John Lamberth was
hired to answer the question of whether the apparent disproportionate number of
Black drivers being stopped, searched, and arrested could occur naturally by
chance.

Lamberth (1997) embarked on an observational “rolling survey" of traffic
violators on Interstate 95 in New Jersey. He first determined the percentage of
Black drivers on I-95 by stationing observers alongside the road with binoculars
so that they could report the race of the driver as each vehicle passed. This
activity was conducted in random three-hour blocks over a two-week period.
Twenty-one sessions were conducted between the hours of 8am and 8pm during

the month of June at four sites.

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The second part of the project was to conduct a rolling survey of drivers.
Observers rode in vehicles traveling at 60 mph (5 mph above the legal speed
limit). During the rides observers recorded all vehicles that passed them as
speeders and those that they passed as non-violators. They also recorded the
race of the driver. Of the 2096 vehicles observed, more than 98% of them were
speeding. There was no significant difference in violations by race of driver.
Blacks and Whites violated speed limits at equal rates. Blacks comprised
approximately 15% of speeding drivers.

Lamberth compared his data to data from a study conducted by a State
Police review team. They analyzed data over several time periods from 1994 to
1999. The analysis revealed that approximately 34% of all vehicle stops involved
a Black or Hispanic driver, which is a much higher percentage than the Black and
Hispanic population. Also, Black and Hispanic drivers were subjected to a
vehicle search far more often than White drivers (Office of the Attorney General,
1999). When compared to the State Police stop data, the conclusion was that
Blacks were 4.85 times more likely to be stopped by police than other drivers.

Perhaps the most disturbing part of Lamberth’s interpretation of the
findings for police is the following:

While no one can know the motivations of each individual trooper

in conducting a traffic stop, the statistics presented herein,

representing a broad and detailed sample of highly appropriate

data, show without question a racially discriminatory impact on

blacks and other minority motorists from state police behavior

along I-95 (p. 12).

The author takes issue with two parts of his statement. First, if no one can know

the motivations of each trooper in conducting a traffic stop, how can we assume

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that the reason is based solely on the race of the driver? Lamberth’s Second,
Lamberth claims to have collected a broad and detailed sample of data.
However, the data was collected in a 63-hour period on l-95. Can we make the
generalization that the troopers are profiling based on race by examining stops
conducted in a 63-hour period?

A second study was conducted by Lamberth which examined traffic stops
by the Maryland State Police between January 1995 and September 1996. It
was found that police searched 823 motorists on I-95. Of them, approximately
73% were Black, and only 13 Troopers conducted a majority of searches. When
compared to the 15% of Blacks that are eligible to be stopped, the probability of a
Black driver being stopped and searched is one in one quintillion. Lamberth’s
conclusion was that members of both State Police agencies were profiling drivers
based on race.

In a third study submitted to the North Carolina Department of Crime
Control & Public Safety and the North Carolina Highway Patrol, Zingraff et al.
(2000) reported that in 1998, middle-aged North Carolina Blacks were issued
23% more citations than middle-aged whites. Racial disparity in searches was
also reported to be higher for Black male drivers. They were 64% more likely to
be searched than White male drivers. Additionally, searches of African
Americans were less likely to produce contraband. Unfortunately, racial profiling
is often based on the premise that minorities commit a majority of drug offenses.
This fact is untrue, but the idea is reinforced by the sheer quantity of minorities

arrested, prosecuted, convicted, and incarcerated.

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The city of San Jose, California analyzed police traffic stop data. The
police department filed a report outlining the distribution of traffic stops in the city.
The report indicated that officers were stopping higher proportions of Blacks and
Hispanics as compared to the population profile. The distribution of calls for
service and the increased deployment of officers in minority communities were
provided as a justification for the findings (San Jose Police Department, 1999).
Similar results were found in another study in Ohio that suggests that officers
may be citing Black drivers significantly more than White drivers (Harris, 1999).

In recently collected data by the St. Paul Police Department it was found
that the percentage of Black and Hispanic drivers who were searched during
traffic stops declined in the year 2001. The reduction in minority searches is
attributed to cultural awareness training, the requirement that officers distribute
business cards containing their name and whom to contact with complaints, and
requiring officers to read a card to all stopped motorists informing them that they
do not have to consent to a search (Estrada, 2001).

A study in San Diego illustrates a problem with interpretation of data. The
San Diego, California Police Department (2000) revealed that when comparing
stop data to Census data, Blacks and Hispanics were more likely to be stopped,
searched, and arrested than White citizens. However, police suggested that the
findings are inaccurate and pointed to population distributions and their proximity
to Mexico as a reason for the inaccuracy of Census data.

The most recent study was conducted by Smith and Petrocelli (2001). In

this study they examined six weeks of traffic stop data collected in Richmond,

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Virginia. The response rate of officers compiling data was 64%. In this light, the
36% of stops that were not recorded could affect the validity of the findings. The
traffic stop data was compared to the 1999 Census figures representing the
eligible driving population. They found that minority drivers were
disproportionately stopped as compared with their percentage in the driving-
eligible population. They were not searched more frequently than White drivers,
and they were more likely to receive a warning than White drivers. They also
examined officer race and found that White officers were no more likely to stop,
search or arrest minority drivers than minority officers.

There are several other limitations with this study. The six-week time
period does not account for seasonal differences in traffic or traffic stop practices.
Also, the sensitive nature of this issue may raise doubts about the validity and
reliability of the self-report data.

All of the studies cited have found that minority drivers were stopped
significantly more than the minority population or the minority driving population.
The latter study is one of the few that found no racial difference in terms of
searches and receipt of traffic citations. Probably the best-designed study is the
one conducted by Lamberth on l-95 because an attempt was made to collect
violator data. However, this study is not without flaws. For example, officers are
often not in the position to stop every violator on l-95. This is a busy highway
and officers are usually not willing to take the risk of causing an accident to
apprehend a speeding vehicle. Thus, the ease of making a stop may impact the
findings.

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Other variables were overlooked in many of the cited studies including:
the type or severity of violation, driver gender, driver age, and the number of
vehicle occupants. These and other variables may Influence an officer’s decision
to stop a vehicle or issue a citation. The study at hand is designed to contribute
to the existing literature by examining a sample of national self-report data,
exploring the issue of multiple traffic stops, and identifying additional variables
that predict the incidence of multiple stops and the outcome of a traffic stop. This

study is not designed to prove the existence of racial profiling.

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METHODOLOGY

Overview

Having discussed relevant issues related to police profiling and the
purpose of the study, this chapter presents the research methodology and the
research hypotheses. The chapter appropriately begins with a discussion of the
use and relevance of survey methodology, the PPCS (PPCS), and its
relationship to the National Crime Victimization Survey. It is followed by the
description of the sample and the sampling technique utilized. The chapter
culminates with the presentation of the research hypotheses and methods of

data analysis including key variables to be examined.

Survey Research

Surveys serve an important function in social science research. They are
a means of collecting attitudinal and behavioral data from a segment of the
population. Surveys are “powerful tools for obtaining quantitative data for both
descriptive and inferential studies and for addressing the issue of causality“
(Hagan, 2000: 1 13).

According to Babble (1995), survey research may be the best available
method for collecting data to describe a population that is too large to observe
directly. In this light, the use of a survey to examine the issue of differential traffic
enforcement in the United States becomes appropriate. However, caution

should be used when drawing conclusions from survey data. It is important to

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take note of Hagan’s (2000) advice by recognizing that in some cases survey
responses may reflect expressed or claimed behavior rather than factual
behavior. Babble (1995) concurs by stating that “surveys cannot measure social
action; they can only collect self-reports of recalled past action or of prospective
or hypothetical action” (p. 274).

Surveys are useful for descriptive, exploratory, and explanatory purposes.
Babbie (1973) describes several characteristics of survey research that make
this method useful for social scientific inquiry. It is logical, such that empirical
means may be utilized to test complex propositions. Survey results can be used
to explain characteristics of a sample, as well as any observed correlations
between and among variables. Surveys allow for the collection of data that can
be useful for guiding criminal justice policy. Finally, survey methods are specific.
Surveys yield data that is explicitly quantitative, resulting in precise findings.

There are several methods of administering a survey: self-administered,
in-person, or via telephone. In this study, the PPCS was administered either
during a face-to-face interview or by telephone. There are several advantages of
using interviews to collect survey data. As previously stated, surveys are useful
for describing the characteristics, behavior, attitudes, and opinions of a large
population (Babbie, 1995). It would be diflicult to directly examine police
practices on traffic stops on a national scale.

Although telephone or face-to face interviews require a research team,
this method of data collection is more efficient in terms of manpower and

financial expenditures than direct observation. ln-person and telephone interview

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surveys also generally yield higher response rates than self-administered
surveys. According to Babble (1995), a response rate of 50% is adequate for
analysis and reporting, 60% is good, and 70% is very good. It is logical to strive
for the highest possible response rate. The response rate of the PPCS was
85%, well within the very good category.

The use of trained interviewers removes the influence of the researcher on
respondents’ answers to questions. The presence of an interviewer also
decreases the incidence of missing data. Interviewers can probe for responses
to “I don’t know“ answers. They can also clarify questions that may confuse
respondents.

In juxtaposition with Karl Marx's dialectic method, which states that every
Idea has an antithesis, there are also disadvantages associated with this method
of data collection. During an interview, respondents are “put on the spot” and
may feel pressured to provide a response to the questions. As a resutt, the
responses may not accurately reflect the respondents’ true feelings or beliefs on
issues. Respondents may fail to provide accurate or truthful answers for several
other reasons including: lying, faulty memory, or the desire to provide socially
acceptable responses (Hagan, 2000; Reynolds & Sponaugle, 1982). How a
respondent feels on the day of the interview may also have an adverse impact on
the responses provided.

Untrained interviewers may introduce bias into the study, which could

result in adverse reactions by respondents. For this reason, clarification and

81

explanation of questions by interviewers must be controlled (Hagan, 2000; Salant
8 Dilman, 1994).

Tension always exists between validity and reliability. Often times there is
a tradeoff between the two concepts. As previously discussed, 11% of the PPCS
sample consists of NCVS non-interviews in which a proxy respondent was used
to gather data. The Bureau of Justice Statistics examined the use of proxy
respondents in San Jose, California and Dayton, Ohio in 1973 (as cited in the
U.S. Department of Justice, Bureau of Justice Statistics, 1997). The primary
issue was whether to interview each qualified member of a household
individually, or allow a proxy respondent to report for all other household
members. In essence, the goal was to examine the validity of the responses of
proxy respondents. After conducting interviews with approximately 5,500
household members (half direct interviews and half proxy interviews), it was
revealed that validity of responses was compromised when using proxy
interviews in terms of two factors: the quantity of crime victimization incidents
reported, and the details of each incident.

As a result, an attempt was made to interview all household members
directly. However, there still exist some circumstances when a direct interview is
problematic or impossible. Such situations include persons who are not capable
of responding due to diminished capabilities and those who cannot be located.
The PPCS sample consists of direct interviews and non-interviews (proxy
interviews). Based on the findings of the San Jose and Dayton studies, all proxy

interviews are excluded in this analysis.

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The Police-Pubic Contact Survey

In 1996, the Bureau of Justice Statistics began surveying members of the
American public regarding their interactions with police. The first survey was
conducted as a pretest consisting of a nationally representative sample of 6,421
persons age 12 or older. Analysis of the results revealed that approximately 20
percent of the public had direct, face-to-face contact with a police officer at least
once during the year preceding the survey (U.S. Department of Justice, Bureau
of Justice Statistics, 2001).

Based on the initial results, a second, improved version of the PPCS was
administered from July through December of 1999. It was conducted as a
supplement to the National Crime \fictimization Survey (NCVS) and was
administered to a national sample approximately fifteen times as large as the
pretest sample in 1996. The improved version collected data from all NCVS
respondents age 16 and older living in households and group quarters
(dormitories and boarding houses) within the United States and the District of
Columbia. Members of the armed forces living in military barracks and
institutionalized persons such as those in prison and in nursing homes were
excluded.

The improved version of the PPCS provides greater variation in
demographic differences in police-citizen contacts. It also includes detailed
information about traffic stops conducted by the police. The underlying purpose
of the survey was to examine the problematic nature of police-citizen encounters,

specifically focusing on the frequency of contacts and the circumstances

83

characterizing the contacts. Distributions in the sample by gender, race,
ethnicity, and age parallel the population projections of the Census Bureau.

The variables in the survey include the type of police-citizen contact,
including whether contact was face-to-face, initiated by the police or the citizen,
whether an injury to the officer or the citizen resulted from the contact, crimes
reported, and police use of force. Demographic variables included for the citizen
respondents include gender, age, and race. The only demographic variable

included for police officers is race.

Sampling Design and Procedure

The PPCS of 1999 was administered as a supplement to the National
Crime Victimization Survey, which is one of two Justice Department measures of
crime in the United States. The PPCS collected data from all NCVS respondents
age 16 and older. The survey was administered following the NCVS screening
section and incident report form. The NCVS consists of approximately 100,000
individuals residing in about 50,000 sample households selected with a stratified,
multi-stage cluster design.

The NCVS and the PPCS utilize cluster sampling because it is impracticsl
to compile an exhaustive list of the elements composing the target population of
all persons age 12 years or older (age 16 years or older for the PPCS) in the
United States. Multistage cluster sampling involves the repetition of two basic
steps: listing and sampling. This method of sampling is efficient, but it does

have the disadvantage of providing a less accurate sample. The accuracy of the

84

sample is reduced because of an increase in sampling error. Simple random
sampling is subject to a single sampling error. However, in multistage cluster
sampling, sampling error is greater for each stage of sampling conducted. (Is.
the three-stage cluster sample in the PPCS contains three sampling errors).

There are two methods of reducing sampling error: increasing the sample
size and increasing homogeneity of the elements being sampled. In the case of
the PPCS, the sample is improved by utilizing stratification. The end result is a
refined sample with sampling error kept to a minimum.

The first stage of the sample involves selecting primary sampling units
consisting of counties, groups of counties, or large population areas. The
primary sampling units are then grouped into strata by using similar geographic
and demographic characteristics as determined by the 1990 Census statistics.

The sample of housing units within each primary sampling unit is selected
in two stages. The first stage consists of selecting enumeration districts from the
primary sampling units. (An enumeration district is a geographic area ranging in
size from a city block to several hundred square miles containing a segment of
the population of approximately 750 to 1500 people). The second stage of the
sampling process Involves dividing each enumeration district into clusters of
approximately four housing units. The elements of the housing units are
obtained from a list of addresses compiled during the 1990 census. A sample is
then selected from these clusters of housing units.

In order to account for houses under construction or those approved for

construction at the time of the survey, a sample of building permits is drawn. For

85

those areas that do not issue building permits, a sample of small land area
segments is sampled. Other living quarters, such as dormitories and boarding

houses, are also sampled and included in the survey.

Rate of Response

The NCVS sample consisted of 94,717 persons age 16 or older. Eleven
percent of the PPCS sample was NCVS non-interviews. (A non-interview
occurred when the individual who experienced contact with police was not
available for the interview and someone else in the household was interviewed
about the contact). There were also 986 cases in which the individual refused to
participate or the researcher failed to indicate the reason for the absence of data.
The largest reasons for the absence of data are due to the lack of mental or
physical competency of the potential respondent or proxy interviewees could not
accurately describe the details of the contact with the police.

In sum, 80,543 of the 94, 717 persons sampled were interviewed. This
results in a PPCS response rate of 85% (in comparison to an 89% response rate
for the NCVS). Two methods of interviewing were conducted: in-person and by
telephone. Of all the interviews conducted, 31% were conducted face-to-face

and 69% were conducted by telephone.

86

Key Variables and Hypotheses

Ember of Traffic Sum

Existing studies of racial profiling or racially biased policing examine driver
attributes of those who were stopped, searched, and/or arrested by the police.
The primary focus is on racial disparity among those stopped by police. These
studies fail to consider drivers who are stopped multiple times. This is an
important issue to examine because many of the anecdotal tales of racial
profiling involve the police stopping motorists several times within a short time
frame. It is the incidence of multiple stops coupled with the driver perception that
there was no legitimate reason for the stop that stirs emotions and feelings that
the police may be stopping drivers based on the color of their skin.

This study examines the relationship between several independent
variables and the number of traffic stops experienced by a driver. The
dependent variable contains two attributes: stopped once, or stopped more than
once. Respondent drivers in the survey were asked how many times police
stopped them in the preceding twelve months. The remaining data regarding the
traffic stop is for the most recent stop prior to being interviewed. The
independent variables in this segment of the study include: driver gender, driver
age, and driver race/ethnicity. The following subsections discuss each of the
independent variables. Relevant literature is cited to support a hypothesized

relationship between the variables.

87

Gender and Traffic Stops
The National Highway Traffic Safety Administration (2001e,g) reported

that female drivers under age 50 have a lower fatality rate than male
counterparts on a per mile driven basis. Additionally, in all age categories
examined, more male drivers than female drivers involved in fatal crashes were
speeding. Speeding is cited as one of the most prevalent factors contributing to
traffic crashes. These statistics do not suggest that males commit more traffic
violations than females; it does however imply that males may be more
aggressive in their driving habits.

This information is important because it may influence how the police
enforce traffic regulations. Officers who are knowledgeable about these statistics
may focus their attention on speeding vehicles, regardless of driver gender, in
order to make the trafficways safer. Therefore, it is logical to assume that
officers may be looking for the presence of a traffic violation rather than the

gender of the driver. This rationale provides the basis for the first hypothesis:

H1: Male drivers are not more likely be involved in multiple traffic stops

than female drivers.

Age and Traffic Stog
Age in the PPCS was recorded as the actual age in years for each

respondent. In order to facilitate analysis of the data, age was recoded into

seven age groups: 16-19, 20-24, 25-34, 35-44, 45-54, 55-64, 65 and older.

88

These age groups provide the most normal distribution of the variable and
correspond to the age categories created the NHTSA.

The question about age, driving, and traffic stops is whether drivers of
certain ages are unsafe? Younger drivers lack driving experience and maturity,
and have a tendency toward reckless behavior. Statistics from the National
Highway Traffic Safety Administration support this statement. Motor vehicle
crashes are the leading cause of death for 15 to 20 years olds (NHTSA, 20019).
In 2000, 14% of all drivers involved in fatal crashes were young drivers. A driver
in the 15 to 20 year old age group has a fatality rate that is four times higher than
drivers who are 25 to 69 years of age. Additionally, 17% of all drivers involved in
police—reported crashes were in the 15 to 20 year old age group.

If drivers in this age group take more risks, drive faster and more
recklessly, then they may be more apt to draw police attention than drivers from

other age groups. This leads to the second hypothesis:

H2: Younger drivers are more likely to be stopped by the police multiple
times than older drivers. The younger a driver is, the more likely

helshe will report being stopped more than once.

Race/ethnigy' and Traffic Stog

The research on the influence of driver race/ethnicity on traffic stops is in
its formative years. Currently, the focus is on proper data collection methods and

statistical analysis and interpretation. The New Jersey State Police were the first

89

to examine the relationship between race/ethnicity of a driver and being stopped
by police. In an analysis of data in several collection periods from 1994 to 1999,
it was found that approximately 34% of traffic stops involved a Black or Hispanic
driver. This percentage is much higher than the Black and Hispanic population
figures (Office of the Attorney General, 1999). John Lamberth found similar
results in an observational analysis of traffic stops initiated by the Maryland and
New Jersey State Police in which he compared violator data with data of drivers
stopped by police (Lamberth, 1997). The San Jose, California Police
Department also reported that officers were stopping higher proportions of Blacks
and Hispanics as compared to the population profile (San Jose Police
Department, 1999).

One problem with these and other studies that claim to show the existence
of racial profiling or racially biased policing is that they do not have violator data
for comparison purposes. In the case of the Lamberth study, which did have
violator data, it is questionable whether the observers were properly trained to
know what types of traffic violations were being committed and the elements
necessary for each violation. Thus, validity of the violator data is questionable.

Additionally, the rolling survey procedure, in which observers were driving
on l-95 and looking for traffic violations, only permits the recording of violations
observed at the location of the observer. By having the observer driving the
length of the highway, helshe may fail to observe many of the violations that
occur to the front or to the rear of the vehicle. Again, the validity of the violator

data is questionable.

Other studies which claim to have shown the existence of racial profiling
based on a comparison of traffic stop data with population profiles may be
inaccurate for several reasons. Some of these reasons are discussed by Carter
and Katz-Bannister (2000): (1) Census data is not accurate, (2) There may be
demographic changes in an area based on time, (3) Police deployment in
minority neighborhoods, (4) Community complaints for speeding, etc. Based on
possible flaws in data analysis and interpretation, and the lack of accurate
violator data for comparison purposes, this author remains unconvinced that
racial profiling or racially biased policing is as large of a problem as the
statisticians claim. Again, it is important to reiterate that because of data
limitations, this study cannot ascertain the existence or nonexistence of racial
profiling, or the extent of the problem. However, the intent here is to examine
race/ethnicity in relation to multiple traffic stops to add another piece to the

puzzle. The third hypothesis is as follows:

H3: Black drivers are not more likely to be involved in multiple traffic

stops than White drivers.

Traflic Stop Dismsition

One factor included in the debate over racial profiling is that police may
subject Black drivers to harsher punishment than White drivers after being
stopped on a traffic stop. In order to explore this issue, a disposition variable

was created which includes two attributes: warning or citation. Several

91

independent variables are compared to examine any relationship with traffic stop
disposition. They include: driver gender, driver age, driver race, number of
vehicle occupants, and type of traffic violation. Each of these independent

variables is discussed below.

Gender and Traffic Stop Disposition

Research on the relationship of gender and arrest suggests that gender
may or may not be a critical factor in decisions to arrest. Smith and Visher
(1981) found that there was no significant difference in arrest rates for male and
female offenders when encountered by the police. Additional analysis by Visher
(1983) indicates that the importance of the traditional, rornanticized role and
behavior of the female as being passive, polite, and Iadylike is a vital element in
the police decision to arrest. Females who deviate from traditional female
behavior are more likely to be arrested. The female behavioral role relates more
to driver demeanor, which cannot be analyzed in this study because of
inadequate sample size. Driver demeanor is discussed in a subsequent
subsection.

In a third study that examined juvenile offenders, it was found that females
were less likely to get arrested than their male counterparts (Sealock & Simpson,
1998). The findings of this study imply that both age and gender may change the
disposition of a traffic stop. Interaction effects will be examined in a logistic

regression analysis.

92

The findings of the Smith and Visher's ( 1981) study are used to support

hypothesis four:

H4: Male drivers are not more likely to be the recipients of a traffic

citation than female drivers.

Age and Traffic Stop Disgition

The age of the driver should not have any bearing on the outcome of a
traffic stop. If officers are merely looking for traffic violations, other factors
identified in the literature such as the severity of the violation or the demeanor of
the driver should have more influence on whether the driver receives a citation.
Another variable of interest would be the day of the month that each driver was
stopped. It may be possible that more traffic citations are issue near the end of a
month due to the existence of lnfonnal department quotas. Unfortunately, this

data was not collected in the survey. This reasoning leads to the fifth hypothesis:

H5: Younger drivers are not more likely to be the recipients of a traffic

citation than older drivers.

Race and Traffic Stop Dispgsition
Results of studies that examine the effect of race on police practices are

somewhat mixed. In a study of police field interrogations, Bogomolny (1976)

found that the police were more likely to stop Black males when controlling for a

93

city’s Black population and arrest rate. Another study conducted by Dannefer
and Schutt (1982) revealed that race was a factor used by police in deciding to
arrest and transport juveniles to court. However, some studies reveal the
importance of a community’s racial composition in influencing police discretion to
arrest (Powell, 1981; Smith, Visher, & Davidson, 1984). In these studies,
associations between the race of the suspect and the probability of arrest are
attributable to a larger proportion of Black residents rather than racial
discrimination by police.

A more recent analysis of race and legal sanctions on traffic stops found
that race was the strongest correlate of punitive disposition than other factors
examined (Smith & Petrocelli, 2001). Minority drivers were 50% more likely than
White drivers to receive a warning than a legal sanction. As a result of the mixed
findings regarding the relationship between race and arrest, this author believes
that no firm conclusion can be drawn as to the influence of race/ethnicity on the

outcome of a traffic stop. Therefore, hypothesis six is as follows:

H6: Black drivers are not more likely to be the recipients of a traffic

citation than White drivers.

Number of Vehicle Occupants and Traffic Stop Dispfiition

Drivers in the PPCS were asked to indicate how many occupants were in
the vehicle during their most recent traffic stop. Responses ranged from 1 to 18.

(The 18 passengers were most likely riding in a bus). This variable was recoded

in the following attributes that were amenable to analysis: 1 = one, 2 = two, 3 =
three or more.

The presence of multiple vehicle occupants may or may not have an
impact on the outcome of a traffic stop. Factors such as the demeanor of
additional occupants and the concepts of justice and equity, discussed
previously, may affect an officer’s decision about the outcome 3 traffic stop. The
effect of these concepts weighs equally in tenns of the two outcomes: warning or
citation. An officer may decide to issue a citation in order to convey the message
that careless driving or failing to maintain the proper condition of a vehicle is not
tolerated in the jurisdiction. The officer may also issue a citation so as not to
appear impartial, thereby maintaining a sense of justice and equitable, consistent
law enforcement. On the contrary, the officer may not issue a citation because
helshe wants to appear fair by operating in the spirit of the law. The driver may
have a legitimate, rational reason for committing the violation, thus the officer
may issue a warning. This behavior also promotes a sense of justice and
equitable law enforcement. The lack of research on this topic and the mixed
message provided by the rationale above provides a basis for the seventh

hypothesis:

H7: Drivers with multiple vehicle occupants are not more likely to be the

recipients of a traffic citation than drivers who are alone.

95

Iype of Traffic \fiolagan and Traffic Stop Disposition

Respondents indicated the reason for their most recent traffic stop. The
reasons varied from a check of the driver to a vehicle defect to speeding, to
suspicion of driving under the influence. A disposition variable was created to
account only for moving violations and non-moving or equipment violations.

Many studies have shown that the most important factor influencing an
officer’s decision to make an arrest is the seriousness of the offense (La Fave,
1965; Wilson, 1968; Black, 1971; Smith 8 Visher, 1981; Sealock 8 Simpson,
1998; Mastrofski, Snipes, Parks, 8 Maxwell, 2000). Officers are relatively
untroubled by the notion of overlooking or reacting in a less formal manner to a
minor offense (i.e. mischief). However, they often feel compelled to take action
on more serious offenses (i.e. rape and murder). Jacob (1973:27) notes, “A
serious crime leaves the police less freedom. . .to ignore it or exercise discretion.”
Police administrators, politicians, and the public would become alarmed if police
chose not to arrest serious offenders (i.e. murderers in the case of criminal law,
and drivers under the influence of alcohol or narcotics in the case of traffic law).

Similar logic can be applied to the seriousness of traffic violations. Traffic
violations can be grouped into two basic types: moving and non-moving. Moving
violations involve actual operation of the vehicle and include such things as
speeding, reckless driving, failing to signal prior to turning, and so forth. It can be
argued that this type of violation is more serious because of the potential to
cause a traffic crash. Non-moving violations are primarily vehicle defects.

\fiolations such as a non-functioning headlight or a cracked windshield are

96

examples. Non-moving violations may be considered less serious than moving
violations because they do not necessarily endanger other drivers.

Members of a community are more likely to complain about speeding
drivers in their neighborhood than vehicles with an inoperable headlight. Citizens
generally feel that speeding and other moving violations are unsafe and
disorderly. Because of the nature of moving violations, police may be more likely
to issue citations for moving violations than non-moving violations. Hypothesis

eight is as follows:

H8: Drivers who commit moving violations are more likely to be the
recipients of a traffic citation than drivers who commit non-moving

violations.

Driver Demeanor and Traffic Stop Disposition

One goal of this study was to examine the effect of driver demeanor on
the outcome of traffic stops. Demeanor has been found to be associated with
police decision-making practices. Existing research indicates that respectful
citizens are the recipients of respectful attention from the police. Citizens who
are uncooperative, show disrespect, or provoke the police are more likely to be
the recipients of police force (Westley, 1953) and more likely to be arrested
(Piliavin 8 Briar, 1964; Black 8 Reiss, 1970; Ericson, 1982; Smith 8 Klein, 1984;
Lundman, 1996; Worden 8 Shepard, 1996).

97

Behaving in a hostile and uncooperative manner triggers a specific
response from the police. Van Maanen (1978) describes the hostile,
disrespectful behavior of a citizen as an “affront” or a challenge to a police
officer’s authority and his/her chosen response to a situation. All police-citizen
encounters can be described as moral contests between citizens and the state.
The officer’s badge or shield is a symbol of the power to impose the state’s moral
authority on citizens.

Unfortunately, this variable was not amenable to analysis in this study.
When the frequency of drivers who reported being verbally disrespectful to police
was examined, it was found that it was nearly a constant. Only .2% (12 out of
5341) of drivers involved in a traffic stop reported that they were verbally
disrespectful to police. There are several possible explanations for this. Either
there are many courteous drivers on the road, drivers do not consider some
comments to be disrespectful when police officers do (a matter of perception), or
respondents provided socially acceptable answers to that particular question. In

any event, driver demeanor was removed from the analysis.

Interactions Between Variables

The first part of the analysis will examine simple bivariate relationships
between salient variables presented above. However, these simple variable
relationships only skim the surface of the issue at hand. Further analysis is
directed at examining the same variables in two regression models. The purpose

of this analysis is to see if any of the variables are significantly predictive of being

98

stopped multiple times by police or can be used to predict the outcome of a traffic
stop. Within the regression models, the capability exists to examine any
interactions between variables. For example, it may be found that officers are
stopping young, Black, males significantly more than drivers in other age-

racelethnicgender categories.

ANALYSIS AND FINDINGS

Overview

Due to the relative paucity of empirical research on police profiling, this
study will attempt to contribute to the body of literature as well as invite further
research on this topic. This study is primarily exploratory in nature, however, in
examining a portion of the nature of traffic stops, it is also inferential. Data
analysis will be comprised of both descriptive statistics and inferential statistics.
The analysis consists of two primary stages: (1) an examination of variables
associated with being a driver involved in multiple traffic stops, and (2) an

examination of variables associated with the outcome of a traffic stop.

Restricting the Sample for Analysis

This study relies on traffic stop data collected for the 1999 PPCS. Data
collection procedures were previously discussed. To enhance the clarity of the
analysis, attributes of five variables were selected out to purposely limit the final
sample.

First was the elimination of proxy interviews (interviews of individuals other
than those who had direct contact with police, but who claimed to know the
details of the encounter). The 1973 Bureau of Justice Statistics study in San
Jose, California (discussed previously) provides evidence of threats to validity
with the inclusion of proxy interviews. Second, since the study is designed to

explore motor vehicle stops, the sample was restricted to only those respondents

100

who were involved in a traffic stop. Third, only driver interviews were included.
There were two reasons for this limitation. Some traffic stops only involved one
vehicle occupant: the driver. In order to maintain consistency across the
sample, only driver data was included. Additionally, police may not have spoken
to vehicle passengers other than the driver, and passengers may not have heard
any conversation between the officer and the driver. As such, reported reasons
for traffic stops and any other perceptions of officer conduct by other passengers
may be inaccurate. Fourth, race/ethnicity was restricted to Black or White only.
The categories of Hispanic and Other were excluded. This limitation is based on
the central issue in much of the racial profiling literature: the issue of whether
police officers are targeting, stopping, and searching Black drivers because of
their race/ethnicity. Lastly, the sample was restricted to those drivers who
received a traffic warning or a traffic citation. Other variable attributes such as
being tested for drunk driving, being arrested for drunk driving, and being
questioned about being in the area were excluded. Another issue surrounding
this variable is that a driver who is stopped by police could receive both a
warning and a citation as a result of the same stop. Analysis of the data
confinned that 97 of the 5341 stopped drivers were in fact the recipients of both.
As a result, the disposition variable was recoded to include the 97 cases as
citations based on the fact that a citation is a more severe disposition than a
warning.

Restricting the sample using the above variable attributes resulted in the
sample being reduced from 94,717 individuals who reported having contact with

101

the police to 5341 Black or White drivers who were stopped by the police within
the twelve months prior, interviewed in person or by telephone, and received a
citation or a warning as a result of the traffic stop. It also important to note that
for those drivers who reported being stopped more than once, information

regarding a traffic stop was reported for the most recent stop.

Transforming Variables for Analysis

Several study variables were recoded for the analyses: Age, Number of
vehicle occupants, type of violation, and disposition. Age was recoded from
individual age in years to an age group (16-19, 20-24, 25-34, 3544, 45-54, 55-
64, 65 and older). These age groups were created because it provided a
distribution that was closest to a normal distribution. They are also the age
groups used by the U.S. Census Bureau and the National Highway Traffic Safety
Administration.

The number of vehicle occupants ranged from 1 to 18, but after 3
occupants, the frequency in each category was not amenable to analysis.
Therefore, the number of vehicle occupants was recoded from the actual number
to three attributes: one, two, and three or more.

Type of traffic violation was computed from several PPCS variables, which
included speeding, other traffic offense, vehicle defect, driver check, driver
suspected of something, or other reason. A new variable, “type of violation’, was
created from the existing variables. Type of violation consists of two attributes,

moving violations and non-moving violations. Moving violations included

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speeding and other traffic offenses that were not vehicle defects, stops to check
a driver, stops for a driver suspected of something, or another reason for a traffic
stop. Non-moving violations were all other reasons not coded as a moving
violation.

A ‘disposition of traffic stop” variable was also created. The attributes of

this variable include being issued a warning or being issued a citation.

Sample Characteristics

Table 1 presents characteristics of the sample. The respondents were
5341 female and male drivers (2265 women and 3076 men). The age of the
respondents ranged from 16 to 88 years with a mean age of 36.2 years. When
collapsing individual ages into groups, the age group of 25 to 34 years contains a
majority of respondents.

Of the respondents, 10.2% were Black and 89.8% were White. Police
stopped a majority of drivers in the sample only once, and of those vehicles
stopped, the driver was the sole occupant. Of those stopped once and those
stopped more than once, 84.3% and 80.6%, respectively, committed a moving
violation with a majority of each group receiving a traffic citation (not shown in
Table 1). Traffic stop disposition for the entire sample (n=5341) indicates that
police officers issued significantly more traffic citations than warnings (67.4% to
32.6%). Combining the sample characteristics provides a profile of the typical

respondent in this study. The typical respondent was a White, male, 25 to 34

103

Table 1

Characteristics of the Sample (n = 5343

 

 

Measure

%

 

Driver Age in Years
16—1 9
20-24
25-34
35-44
45-54
55-64
65 plus

Gender
Female
Male

Race/Ethnicity
Black
White

453
763
1 389
1 304
832
373
227

2265
3076

543
4798

104

8.5
14.3
26.0
24.4
15.6

7.0

4.3

42.4
57.6

10.2
89.8

Table 1 (Cont’d)

 

 

Measure n %
Number of Vehicle Occupants
One 4059 76.0
Two 934 17.5
Three or more 348 6.5
Type of Traffic Violation
Non-moving 870 16.3
Moving 4471 83.7
Number of Traffic Stops
One 4371 81.8
Two or More 970 18.2
Disposition of Stop
Warning 1740 32.6

Citation 3601 67.4

105

years of age, who was driving alone in a vehicle that was stopped by police for

committing a moving violation, of which the result was a traffic citation.

Empirical Tests of Hypotheses

In testing the bivariate relationships, Chi Square and Cramer’s V are
reported for nominal level variables and Gamma is reported for ordinal level
variables. A correlation table is included in Appendix D which reinforces the

findings reported below.

Number of Traffic Stops

Several variables were examined to ascertain any association with being
stopped in a vehicle by police a second or subsequent time. The first bivariate
analysis tested the hypothesis of no significant difference between male and
female drivers in terms of the number of times they were stopped for a traffic
violation. This hypothesis was rejected. The results in Table 2 show that gender
is significantly related to the number of traffic stops, in that male drivers are
significantly more likely to be stopped multiple times by the police (20.5%) as
compared to females (15.0%). The value of Cramer’s V (.070) shows a weak
relationship between the two variables. This slight difference could be due to
males being more aggressive drivers, in general, than females.

The relationship between age and the number of traffic stops was also

examined. Age was recoded from the actual age in years to several age groups.

106

Table 2

Bivariate Analysis of Gender by Number of Traffic Stops (n = 5341)

 

 

 

 

Gender
Female Male
Once 85.0% 79.5%
Number of
Traffic Stops More Than
Once 15.0% 20.5%
100% 100%
(2265) (3076)
Chi-square = 26.261 p = .000 Cramer’s V = .070

107

Table 3

Bivariate Analysis of Age by Number of Traffic Stops (n = 5341)

 

16-19 20-24 25—34 35-44 45-54 55-64 65 +

Once 64.5% 72.0% 80.5% 86.0% 88.3% 91.2% 95.2%

Number of

Traffic

Stops
More 35.5% 28.0% 19.5% 14.0% 11.7% 8.8% 4.8%
Then
Once

 

100% 100% 100% 100% 100% 100% 100%
(453) (763) (1389) (1304) (832) (373) (227)

 

Gamma = -.357 p = .000

108

Although some detail is lost by creating age categories, recoding enhanced the
manageability of the data. The results in Table 3 show that age is negatively
associated with the number of traffic stops. The Gamma value of -.357 indicates
that significantly more respondents in younger age groups reported being
stopped more than once by police. Stated another way, the older a respondent
is in terms of age group, the less likely helshe is to be stopped more than once
by police. The result of this analysis supports the second hypothesis. This
finding also supports the notion that younger drivers may be more inexperienced
and willing to take more risks while driving. Thus, police are attracted to their
poor driving behavior, which results in an increased number of traffic stops.

The third hypothesis was tested by computing the relationship between
race/ethnicity and the number of traffic stops. This relationship is especially
important in the exploration of racial profiling by police. The results shown in
Table 4 reveal that the two variables are statistically independent, thereby
supporting the hypothesis. Although being Black or White is not related to the
number of times a respondent is stopped by the police on a traffic stop, Black

drivers reported being involved in multiple stops more than White drivers.

Traffic Stop Disposition

Several salient variables were subjected to statistical tests of
independence to ascertain their relationship with the disposition of a traffic stop
(warning or citation). Table 5 presents the results of the first analysis. The

findings reveal a significant relationship between driver gender and traffic stop

109

Table 4

Bivariate Analysis of Race/Ethnicity by Number of Trajc Stops (n = 5341)

 

 

Race/Ethnicity
Black White
Once 80.8% 82.0%
Number of
Traffic Stops More Than
Once 19.2% 18.0%
100% 100%
(543) (4798)

 

Chi-square = .400 p = .527 Cramer’s V = .009

110

Table 5

Bivariate Analysis of Gender by Traffic Stop Disposition (n = 5341)

 

 

Gender
Female Male
Warning 35.7% 30.3%
Disposition
Citation 64.3% 69.7%
100% 100%
(2265) (3076)

 

Chi-square = 17.153 p = .000 Cramer’s V = .057

Ill

disposition. Although the difference in raw percentages is less than the generally
accepted criterion of 10%, the value of Cramer’s V of .057 reveals a weak
relationship between the variables. Of all drivers who reported being stopped on
a traffic stop by the police, significantly more male drivers (69.7%) received traffic
citations than females (64.3%). This finding is contrary to the hypothesized
relationship between the variables, thus the null hypothesis of statistical
independence is rejected.

Further analyses of these variables were conducted by examining any
difference between drivers who reported being stopped once and those who
were stopped more than once (table not shown). The findings revealed a similar
pattern regardless of the number of traffic stops. For example, among the 4371
males and females who reported being stopped only once, significantly more
male drivers (70.5%) received traffic citations than female drivers (60.5%).

Age was also cross-tabulated with traffic stop disposition. It was
hypothesized that the two variables would not be related; age would have no
bearing on the outcome of the stop. The results in Table 6 support the
hypothesis. Age and traffic stop disposition are independent. It is interesting to
note that in terms of raw percentages, all seven age groups remained within 6%
of one another in terms of receiving a traffic citation. This may indicate that
officers basing the decision to cite drivers on the seriousness of the violation.

The relationship between race/ethnicity and disposition was also
examined and the results are presented in Table 7. It was found that

race/ethnicity was significantly associated with traffic stop disposition. Black

112

Table 6

Bivariate Analy§is of Age by Traffic Stop Dispositipn (n = 5341)

 

 

 

Warning 33.3%
Disp.
Citation 66.7%

20-24
30.4%
69.6%

25.34

32.9%
67.1%

Age
35-44
31.3%
68.7%

45-54 55-64 65 +
33.2% 36.2% 35.7%
66.8% 63.8% 64.3%

 

1 00%
(453)

1 00%
(763)

1 00%
(1 389)

100%
(1304)

100% 100% 100%
(832) (373) (227)

 

Chi-square = 6.159

.406

113

Cramer’s V = .034

Table 7

Bivariate Analysis of Race/Ethnic'y by Traffic Stop Disposition (n = 534D

 

 

 

Race/Ethnicity
Black White
Warning 25.4% 33.4%
Disposition
Citation 74.6% 66.6%
100% 100%
(543) (4798)

 

Chi-square = 14.123 p = .000 Cramer’s V = .051

114

drivers who were stopped by police received significantly more citations than
White drivers, 74.6% versus 66.6% respectively. However, the value of Cramer’s
V of .051 indicates only a weak relationship. This finding does not support the
hypothesized relationship.

Additional analysis was conducted to examine any racial or ethnic
Differences between those drivers stopped once versus drivers stopped more
than once (table not shown). Of drivers stopped only once, significantly more
Black drivers (75.6%) received traffic citations than Whites (67.5%) at alpha =
.001. However, of those drivers stopped a second or subsequent time,
race/ethnicity is not related to traffic stop disposition (p = .128).

The final two variables, number of vehicle occupants and type of traffic
violation were subjected to similar bivariate analyses. Table 8 and Table 9
present the results of these analyses. It was found that the number of people in
the vehicle is not related to the outcome of the traffic stop. However, the type of
traffic violation is significantly associated with the outcome. Of those drivers who
reported committing a moving violation, 70.5% received a traffic citation, while
only 51.8% of those who committed a non-moving violation received a citation.
The value of Cramer’s V of .147 is the highest among all of the variables
examined. It reveals a somewhat moderate relationship between the type of
traffic violation and the result of the traffic stop. One would expect that
significantly more citations would be issued for moving violations than non-
moving violations due to the increased disorderly and serious nature of moving

violations like speeding. This hypothesis was supported.

115

Table 8

Bivariate Analysis of Number of Vehicle Occupants by Traffic Stop Disposition
(n = 5341)

 

 

Occupants
992 Ill/.9 3192:
Warning 32.0% 35.0% 32.8%
Disposition
Citation 68.0% 65.0% 67.2%
100% 100% 100%
(4059) (934) (348)

 

Chi-square = 3.133 p = .209 Cramer’s V = .024

116

Table 9

Bivariate Analysis of Tm of Traffic Violation by Traffic Stop Disposition

 

 

 

n = 5341
Violation
Non-moving Moving
Warning 48.2% 29.5%
Disposition
Citation 51 .8% 70.5%
100% 100%
(1740) (3601)
Chi-square = 114.894 p = .000 Cramer’s V = .147

117

Predictin Sub uent Vehicle Stops

 

Due to data limitations, the analysis in this study is limited to examining
variables that may predict whether a driver was stopped two or more times.
Predicting the decision to make an initial traffic stop requires accurate violator
data (a comparison group of drivers who committed traffic violations but were not
stopped by police). Table 10 presents a logistic regression analysis of salient
variables that were hypothesized to predict a second or subsequent traffic step.
Variables entered in the model include gender, age, and race/ethnicity of the
driver.

The analysis reveals that driver gender and driver age are significant
predictors in the model (p<.001). Driver gender was positively correlated with the
number of traffic stops. In general, 630 male drivers were stopped more than
once as compared to 340 female drivers. This translates into a male-to-female
second or subsequent stop ratio of 1.85:1. The odds ratio from Table 10
illustrates this difference. All things being equal, being a male driver increased
the likelihood of being stopped more than once by 46.1%.

One fact about multiple regression analysis is that it is sometimes difficult
to determine the quantity of variance in the dependent variable explained by
each independent variable. Logistic regression analysis was used in this study
because the distributions of the independent variables grossly violate the
assumption of normal distributions. There is no problem with intercorrelations
among the independent variables. The highest conelation among the

independent variables is between gender and race (.038). However, in order to

118

Table 10
Lmistlc Regression Analysis for Variables Predicting Drivers Being Stopped
More Than Once (n = 5341)

 

Number of Stopsa

 

 

B Significance Odds Ratio
, b
Driver gender 379*“ .000 1.461
Driver age -.37 ** .000 0.687
Driver race/ethnicityc .127 .280 1.136

 

Nata Model chi-square = 250.618, p < .000. Nagelkerke R-square = .046.
a. 0 = once, 1 = more than once.

b. 0 = female, 1 = male.

c. 0 = White, 1 = Black.

***p < .001 .

119

obtain some idea of the effect of gender on the dependent variable, the normality
assumption of linear regression was violated and the OLS model indicated that
gender contributed only .005 to the explained variance in the dependent variable.

A bivariate analysis of gender and type of traffic violation for all
respondents who reported being stopped by the police (not shown) revealed that
there is no significant difference in the type of traffic violation committed by male
and female drivers. 17.0 % of male drivers committed non-moving violations as
compared to 15.3% of female drivers. Additionally, more females (84.7%)
committed moving violations than males (83.0%). This finding suggests that
there are simply many drivers of both genders committing each type of violation.

Driver age was also moderately associated with the number of traffic
stops. The distribution of the number of traffic stops indicates a pattern of
younger drivers being stopped more often than older drivers. For example, 35%
of drivers in the 16 to 19 age group were stopped more than once, as compared
to 28% of the 20 to 24 age group, and 19% of the 25 to 34 age group. The logit
model shows that as driver age increased by age group, the odds of being
stopped more than once decreased by 31.3%.

Race or ethnicity of the driver was not significantly predictive of being a
driver involved in multiple traffic stops by police. Caution should be used in using
this finding to suggest that the police are not relying on race or ethnicity as a
reason to initiate subsequent traffic stops. In the absence of accurate violator

data, it is inappropriate to make such an assumption. The best conclusion that

120

can be drawn is that in the model presented, race/ethnicity alone cannot be used
to predict the occurrence of a second or subsequent vehicle stop.

Therefore, it can be concluded that age and gender independently
account for 4.6% of the explained variance in the dependent variable of being
stopped multiple times by the police. A model including only driver age indicated
that this variable explains most of the variance In the dependent variable
(Nagelkerke R-square = .041). It is possible that several or all of the three
variables may interact to produce an effect on the dependent variable. If an
interaction effect is discovered, it no longer makes sense to talk about the effects
of the individual variables in the interaction term. Instead, the effects of the
variable interaction become important.

Interaction effects between the variables were also examined for
significance, model Chi square changes, and changes in the -2 log likelihood
statistic, which indicates how well the model fits the data. An interaction term
between all three variables, gender, age, and race/ethnicity was found to be
significant in the model. Age was entered as a categorical variable in order to
account for differences in each age category. The seventh age category, 65 and
older, was eliminated from the model by the statistical program. The interaction
did add to the explained variance, increasing R-square from .046 to .049; and the
-2 log likelihood decreased from 4810.855 to 4790.558 which indicates that the
model including the higher order interaction term is the best fit to the data.

The results in Table 11 show that among the six age groups, groups 2 and

3 are significant at alpha equal to .01. Black, male drivers who are between the

121

Table 11
L istic R ression Anal is for Variables Predictin Drivers Bein St

More Than Once Wit_h Interaction Term (n = Q3411

 

Number of StOpsa

 

 

B Significance Odds Ratio
. . b
Age*Gender“RacelethniCity

1 1.012 .055 2.753
2 1 .093“ .004 2.985
3 0.849“‘ .008 2.338
4 -0.245 .590 0.782
5 .700 .124 2.013
6 .730 .285 2.076

 

_Ifl_c_>_te_. Model chi-square = 270.915, p < .000. Nagelkerke R-square = .049.

a. 0 = once, 1 = more than once.

b. Gender - 0 = female, 1 = male; Age -1=16-19,2 = 20—24, 3 = 25—34, 4 = 35-
44, 5 = 45-54, 6 = 55-64; Race/ethnicity - 0 = White, 1 = Black.

**p < .01.

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ages of 20 and 34 have the highest probability of being stopped multiple times
over any other gender-race/ethnic-age category examined. In essence, being a
young, Black, male increases the odds that a driver will be involved in multiple
traffic stops. The odds of a Black, male, age 20 to 24 years of age being stopped
multiple times by police is approximately 198% more than a White, female, age
55 to 64, while a 25 to 34 year old Black, male has a 133% chance of being

stopped multiple times over the same group.

Predicting Traffic Stop Dismsition

Table 12 presents a logistic regression analysis of salient variables that
were hypothesized to predict the disposition of a traffic stop. Variables entered in
the model include driver gender, age, and race/ethnicity, the number of vehicle
occupants, and the type of violation. The results of Table 12 show that four
variables, driver gender, age, race/ethnicity, and type of violation are significant
in predicting the outcome of a traffic stop. Of the four significant variables, the
slope of .833 for type of violation suggests that this variable is the most useful in
predicting the outcome of a traffic stop. In a model including only type of
violation as a predictor, this variable explained 2% of the 2.9% variation in traffic
stop disposition. Drivers who commit a moving violation and are stopped by the
police increase their odds of receiving a traffic citation by 130%.

Driver race and gender also explain a significant portion of the variance in
disposition. Black drivers are more likely to receive traffic citations than White

drivers. The odds for receiving a citation as a Black driver are 59.4% higher than

123

Table 12

Lgistic Ragression Analysis for Variables Predicting Disposition of a Traffic Stop
(n = 5341)

 

 

 

 

Epositjgna
B Significance Odds Ratio
Driver genderb 276*” .000 1.318
Driver age -.041* .036 0.959
Driver race/ethnicityc .466*** .000 1.594
Number of vehicle occupants -.071 .155 0.930
Type of violationd .833“*" .000 2.300

 

m Model chi-square = 155.362, p < .001. Nagelkerke R-square = .029.
a. 0 = warning, 1 = citation.

b. 0 = female, 1 = male.

c. 0 = White, 1 = Black.

d. 0 = non-moving, 1 = moving.

“p < .05

***p < .001.

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that of a White driver. Additionally, male drivers are 31.8% more likely to receive
a traffic citation than female drivers.

Although driver age is significant, the significance level is only p=.05. The
slope for age indicates that this variable, although significant, has a very weak
association with disposition. The odds ratio is essentially equal to 1, which
means that the age of a driver does not change the probability of receiving a
traffic citation as a result of a traffic stop. The significant relationship observed is
more likely an effect of sample size or an interaction effect with one of the other
variables. With larger samples, a very small difference will prove significant.
However, interpreting the slope, younger drivers are slightly more likely to
receive a citation than a warning. Theoretically, this finding makes sense. It was
previously shown that younger drivers are the victims of more traffic stops. As
such, officers may be demonstrating a more proactive enforcement strategy with
younger drivers in order to deter future violations of traffic laws. Thus, younger
drivers receive more citations as a deterrent for unsafe driving.

Second and higher order interactions were also examined in this model.
Table 13 shows the results of an interaction between driver age and the type of
traffic violation. Including this interaction term in the model increased the fit of
the model. Only the age category of 16 to 19 year olds was significant. The
findings show that a 16 to 19 who commits a moving violation is approximately
327% more likely to receive a traffic citation than a 55 to 64 year old driver who

commits a non-moving violation.

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Table 13

Lpgistic Ragression Analysis for Variables Predicting Disposition of a Traffic Stop
With Interaction Tarm (n = 5341)

 

 

 

 

. . . a
Mon
B Significance Odds Ratio
, b
Age‘Violation
1 1.145” .002 4.273
2 0.799 .080 2.224
3 0.632 .146 1.881
4 0.668 .129 1 .951
5 0.823 .074 2.277
6 0.348 .509 1.417

 

Nata. Model chi-square = 171.364, p < .001. Nagelkerke R-square = .032.

a. 0 = warning, 1 = citation.

b. Age — 1 = 16-19, 2 = 20-24, 3 = 25-34, 4 = 35-44, 5 = 45-54, 6 = 5564; Type
of violation — 0 = non-moving, 1 = moving.

**p < .01.

126

SUMMARY AND DISCUSSION

This study was designed to data from the 1999 Police-Public Contact
survey to explore the issue of police profiling on traffic stops. The initial intent
was to try and predict the likelihood of being stopped by police based on
personal attributes of the driver. However, data limitations prevented this
analysis. The issue that could be explored was the instance of being stopped
multiple times by police. Many anecdotal accounts of racial profiling involve
being stopped several times by police over a short period of time, anywhere from
a few days to a few months. Each time a stopped driver perceives that helshe is
the victim of a profile, the perception of police profiling becomes reinforced.

Another important aspect of the profiling debate is inequitable punishment.
The accusation is that minority drivers are unfairly targeted because of their race
and then subjected to harsher treatment by police. This treatment may be the
increased likelihood of being searched, or the simple fact of receiving a
disproportionate number of traffic citations. Whatever the case, it is an important
issue to explore.

The existing literature on police-citizen encounters during traffics stops
and the controversial practice of racial/ethnic profiling is quite limited. In all of the
studies examined, racial profiling by police appears to be problematic. Anecdotal
evidence has provided the impetus for police data collection on traffic stops. This
practice appears to be a national trend. The data will be analyzed with the intent

of revealing the existence and extent of profiling. This study was undertaken in

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order to provide further insight into the profiling issue. Attention was given to

driver gender, age, and race as it relates to the quantity of traffic stops and the

disposition of the most recent traffic stop. Several hypotheses were tested:

H1:

H2:

H3:

H4:

H5:

H6:

H7:

H8:

Male drivers are not more likely be involved in multiple traffic stops
than female drivers.

Younger drivers are more likely to be stopped by the police multiple
times than older drivers. The younger a driver is, the more likely
helshe will report being stopped more than once.

Black drivers are not more likely to be involved in multiple traffic
stops than White drivers.

Male drivers are not more likely to be the recipients of a traffic
citation than female drivers.

Younger drivers are not more likely to be the recipients of a traffic
citation than older drivers.

Black drivers are not more likely to be the recipients of a traffic
citation than White drivers.

Drivers with multiple vehicle occupants are not more likely to be the
recipients of a traffic citation than drivers who are alone.

Drivers who commit moving violations are more likely to be the
recipients of a traffic citation than drivers who commit non-moving

violations.

Hypotheses 2, 3, 5, 7 and 8 were supported. The alternate hypotheses

were accepted for the others. The only difference between the simple bivariate

128

relationships and the regression models was the relationship between age and
disposition. No significant relationship was found in the bivariate analysis, but
age was significant in the regression model. The difference is readily explained
by the interaction effect between age and type of traffic violation. The original
effect of age is moderated by violation type.

Some interesting results were discovered in the logistic regression
models. It was found that among the six age groups examined, Black, male
drivers who are between the ages of 20 and 34 have the highest probability of
being stopped multiple times over any other gender-racelethnic-age category
examined. More specifically, those who are between the ages of 20 to 24 years
have the highest probability of being stopped multiple times by police as
compared to White, females age 55 to 64.

Although it was found that racial and ethnic minorities were stopped more
frequently, this is not necessarily proof of racial/ethnic profiling by police. There
are many other factors that can explain why the police may be stopping more
minority drivers. For example, the level of crime as it relates to public complaints
and police deployment is an important issue to consider in any analysis. Many of
the areas characterized by a predominantly minority population are plagued by
high levels of crime and disorder. Calls for police service may be higher in these
areas than others. As a result, police may be deployed into these areas as a
practice of directed patrol. The combination of more police in predominantly
minority communities will more than likely result in a higher proportion of minority

drivers and pedestrians being stopped and questioned.

129

In predicting the outcome of a traffic stop (i.e. citation or warning), it was
found that several variables were relevant: gender, age, race/ethnicity, and type
of traffic violation. The latter appears to have the most influence on traffic stop
outcome. Committing a moving violation is more likely to result in the issuance of
a traffic citation. Black and male drivers are more likely to receive a citation than
White and female drivers, respectively. An interaction was discovered between
two of the predictor variables, driver age and type of violation. It was found that
the odds of a 16 to 19 year old receiving a traffic citation for a moving violation
were an astounding 327% over receiving a citation as a 55 to 64 year old driver
committing a non-moving violation.

Perhaps one of the more troubling findings is the small amount of variance
explained in the dependent variable of being stopped multiple times by the
independent variables. The 5% of variance explained is comparable to that
found in the most recent study or racial profiling conducted by Smith and
Petrocelli (2001). In the present study it was found that driver age was
responsible for most of the explained variance in being stopped more than once
by police. The findings reported here suggest an additive model in explaining the
likelihood of being stopped multiple times and the disposition of the stop. The
remaining variance in the dependent variable could be explained by other
variables such as type of vehicle, time of day, location, or by chance. The same
is true for explaining the disposition of the step. Other variables appear to be
more influential in predicting traffic stop disposition. One variable may be the

time of the month the traffic stop occurs. (If the department has an lnfonnal

130

quota, the end of the month is a time when drivers may receive more citations).
Demeanor of passengers, location, special speed enforcement or aggressive

driving operations may all explain some of the variance.

Data Limitations

There are several limitations of the data. The first relates directly to the
issue of racial profiling. As discussed throughout this study, this data cannot be
used to measure the existence or extent of racial profiling by police on traffic
stops. A comparison sample of accurately collected traffic violator data would be
required, as well as controlling for other variables that affect an officer’s decision
to stop a particular vehicle. Some of the other relevant variables are those that
were discussed in the literature chapter: officer perceptions of ethics and justice,
case law, department policy, the influence of the police subculture, and training.
In order to make the claim that officers are profiling drivers based on race or
ethnicity, then we must show that it is these personal attributes that are guiding
decisions to initiate traffic stops.

This study was limited to examining variables related to being stopped
multiple times by police and the disposition of the traffic stop. The data did not
permit the comparison of drivers stopped and those who were not. However,
being the victim of multiple traffic stops is one factor that is frequently mentioned
in claims of racial profiling. Until now, no one has examined this issue.

An attempt was made to examine the effect of driver demeanor on traffic

stop disposition. This analysis was not possible due to only 12 of 5341 driver

131

respondents reporting that they were verbally disrespectful toward police. The
validity of responses to this survey item is questionable.

It was also not possible to examine the relationship between number of
vehicle occupants, type of traffic violation, and being stopped multiple times. The
PPCS survey only collected data from the most recent traffic stop that occurred
in the prior twelve months. Data from all previous stops in that time period is
necessary to examine the above relationships. If this data were available,
survival analysis could be utilized to provide additional inquiry into the event of

being stopped more than once.

Implications and Recommendations

This study has contributed to the existing literature in three ways. First, it
explores the issue of profiling by using national self-report data. Second,
personal attributes other than driver race/ethnicity are examined in relation to
traffic stops, namely gender and age. Third, relationships between selected
independent variables and being stopped multiple times by police are examined.
This study reported several significant findings. These findings have implications
for further research.

If it could be collected, national violator data would be useful in comparing
to national self-report and/or police traffic stop data. By comparing these three
data sources it may provide a better view of the profiling issue. However, the

difficulty of collecting national violator data poses obvious problems.

132

Field observations by independent researchers may also be useful in
providing an additional angle at which to conduct data analyses. The usefulness
of this data is twofold. First, it reduces or eliminates bias in the data. Racial
profiling is a sensitive subject for police and citizens alike. Police data and/or
self-report data may be biased. Field researchers may also be able to study the
influence of the police subculture, officer beliefs, and other factors that affect
police decision-making. It is difficult to obtain this infomiation other ways. Field
data can then be compared to self-report data, police data, and baseline violator
data to see if there are any discrepancies.

Another area of interest is the examination of vehicle searches and officer
characteristics. Studies such as the one conducted by Smith and Petrocelli
(2001) that examined these issues should be replicated in many jurisdictions.
The PPCS data are amenable to limited analysis in this area.

One final implication is whether the examination of profiling should be
examined on a national scale or a police jurisdictional scale. It is possible that
specific agencies may report a problem with profiling, while others do not. Is it
fair to make the assertion that all police officers are profiling drivers based on
race/ethnicity or another personal attribute? Can we make this generalization?
This author believes that thus far we do not possess proper data to arrive at a
firm conclusion.

This study and other profiling research have implications for police policy,
whether the problem exists statistically or perceptually. An initial response,

which is already occurring in agencies across the country, is to develop policies

133

that prohibit the use of race/ethnicity or other personal attributes as the sole
basis for initiating a traffic stop. Policies should specify that these attributes
could be used in combination or with other descriptive characteristics as a basis
to provide reasonable suspicion for investigative detention.

One problem with policy is enforcement. It will be difficult to detect the
practice of racial profiling due to the influence of the police subculture. Officers
will be reluctant to report other officers, and those that are practicing profiling will
not report themselves. The fact that officers can legally use traffic violations as a
pretext to stop minority drivers is a legal way to disguise profiling. The main
question here is whether the police subculture is acquiescent to change.

One way of enforcing policy is to investigate all complaints of profiling.
Complaints of this type will essentially be boiled down to “he said, she said”
allegations; however, it is important to document all complaints so that they can
be examined for signs that certain officers may have problems dealing with
members of the community.

Police agencies should voluntarily collect traffic stop data as well as public
survey data regarding perceptions of profiling. As previously mentioned,
perceptions are sometimes more important than reality. In a recent panel
discussion conducted by this author at Shippensburg University of Pennsylvania,
an audience member who was a Black female stated that she was recently
stopped by police. She indicated that she was dressed rather nicely and driving
a newer car. The officer requested that she step out of the vehicle and guided
her to his police cruiser where she took a seat in the back. She continued by

134

stating that the officer did not have a reason for stopping her. He told her that
she was speeding and she saw a speed of 70 mph on the radar unit, but she was
convinced that the officer only stopped her because she was Black. She
indicated that she was not questioning her speed, only the fact that the officer
picked her out of all the traffic (which was moving at a similar speed) because
she was Black. This story illustrates how perceptions of police behavior can
tarnish the police image and fuel the debate over racial profiling. The driver
admitted to a traffic violation, but is still convinced that she was the victim of
profiling.

It is understandable why officers object to traffic stop data collection.
Improper data analysis and interpretation coupled with media hype contributes to
advertising a problem that may not exist to the extent that previous research
indicates. However, the only way to change public perceptions is to collect and
analyze data to show that the problem does not exist.

Police training in ethics, department policy, and communication skills are
vital to preventing the practice of racial profiling. Some officers may not be
aware that what they are doing is racial profiling. They may believe that they are
acting properly, in-sync with the noble cause of policing. Officers with higher
levels of training also possess better communication and problem solving skills.
Some of the most effective community policing initiatives combine the goals of
reducing crime with a commitment to treat every person with the utmost respect.

This approach has reduced crime and has resulted in fewer complaints against

135

the police. Making officers aware of profiling, enhancing communication skills,
and making known the consequences of profiling is a first step to eliminating it.

Changing values and building on a foundation of equity and justice are
issues that should be addressed. Public perceptions, officer perceptions, and the
purpose of agency research are all important topics. Values and beliefs are
difficult to change, but taking no legitimate action to quell public concern will
increase the chasm between the police and the community.

A final topic is the use of video cameras to record traffic stops. Cameras
are becoming commonplace in police cruisers. There are two sides to the video
camera debate. On one side, officers may view the cameras as a mechanism for
field supervision and criticism. The author has sometimes heard the camera
referred to as the “electronic chief.” The officers who called it this were fearful
that the Chief would review the tapes to see what officers were doing on their
shifts.

One the other side, video cameras can be used to protect officers from
false allegations of misconduct. They also serve an investigatory function. In
many cases, video taping all traffic stops provides documented proof of traffic
violations. The simple fact of recording all traffic violations may deter officers
from engaging in the practice of profiling. However, there are times when officers
must position their vehicles in a way that the video camera may not record the
stopped vehicle, or officers may request drivers to step out of their vehicles. In
these instances it is possible that nothing but the pursuit and/or stopping of the

vehicle will be recorded. One way of ensuring that every traffic stop is recorded

I36

is to design the camera to begin recording when the overhead lights are
activated. A policy must be written that directs officers in the proper usage of
video cameras including what events must be recorded, and to swivel the

camera when the stepped vehicle is out of camera range.

The Future of Profiling: The Aftermath of September 11th

Due to the events of September 11th 2001, the practice of profiling has
taken on a different light. The term profiling has been replaced with tenns such
as “looking for cues”, “possessing certain characteristics”, or “exhibiting specific
behavior”. Replacing the term profiling is an argument about semantics rather
than the practice. Whatever it is called, it is still profiling. The main question is
whether profiling for the interest of national security should be accepted.

As the events of September 11th were unfolding, national security
immediately became a top priority and any suspicious activity observed in
government buildings or other public arenas was reported to authorities. After it
was Ieamed that those responsible for the hijackings were of Middle Eastern
descent, law enforcement and security officials began to carefully scrutinize the
activities of Arab-American citizens, and foreign visitors from Middle-eastem
countries. Police reported increased numbers of bias incidents against Arabs in
New York City including firebombing mosques and assaults (Howell 8
Parascandola, 2001).

In the weeks following the attacks, airports were reopened with tighter

security in place. Airline passengers were searched, all cany-on baggage was

137

searched, and a clear pattern began to emerge regarding the type of people
being scnitinized more carefully. Logic dictates that if all of the September 11‘“
terrorists were Arab, and the terrorist network that promises further violence
against the United States is Arab, then airport security should pay more attention
to people who look Arab than to people who do not. Should we really ignore the
one identifiable fact that we know about terrorist agents planning additional
damage to the United States?

Soon after flights began to resume, the American-Arab Anti-Discrimination
Committee stated that passengers who appear to be Muslim or Middle Eastern
were denied boarding or were removed from planes on several occasions
(Airlines... 2001). One passenger was on his way home from Seattle and was
seated on the plane waiting for departure. An airline employee approached him
and told him to gather his belongings and get off the plane. The passenger was
told that the pilot did not feel comfortable flying with him on the plane because of
how he looked. The passenger was an Iranian-bom US citizen. After being
detained and questioned for an hour, he was permitted to board another flight.

Another notable incident occurred in Minneapolis where three passengers
of Middle Eastern descent were removed from a Northwest Airlines flight
because of passenger concerns about their appearance. The men were
questioned and later permitted to continue their travel on another flight. More
recently, a Muslim Secret Service agent was removed from an American Airlines
flight. The flight attendant indicated that she was not comfortable with the

presence of the agent after she found a book on Middle Eastern history in his

138

jacket pocket. A passenger seated adjacent to the agent has recently come
forward and is supporting the agent’s claim of racial profiling (Passenger
supports agent’s claim. . .2002).

The airlines’ position on racial/ethnic profiling is that passenger safety is
the number one priority, but discrimination is not tolerated. Pilots have the
discretionary power to make decisions regarding passenger safety, but there is
no policy indicating that discrimination is permitted. A passenger profiling system
has been in place since the crash of TWA Flight 800 in 1996. The Computerized
Assisted Passenger Screening (CAPS) system is designed to ensure that all
passengers are positively identified and subjected to security procedures before
they board aircraft. A recent investigation into the use of the CAPS system on
September 11"I revealed that airline representatives refused to comment on
whether the system was being used on September 11‘". Nor would they disclose
the criteria used by CAPS to profile passengers because of security
considerations (Rossomando, 2001). However, Harris (2002) conducted an
interview with James Padgett of the Office of Civil Aviation Security and
Intelligence of the FAA who stated that race, ethnicity, national origin, or any
other factors like surname, which would correlate with race or ethnicity, are used
in the CAPS system.

This author is skeptical about the effectiveness of the security procedures
at airports. If the CAPS system was being used on September 11‘”, it was not
effective in detecting the terrorist plot against this country. The increased

security and check-in rituals put in place after the terrorist attacks were not

139

successful in detecting Richard Reid who boarded a plane with explosives in his
shoes and attempted to detonate them during the flight. Some would argue that
rather than asking how many terrorists have we caught with existing security
measures, a better question is how many terrorists have we deterred?
Unfortunately, deterrence does not appear to be an issue in the case of
terrorism. The September 11th terrorists were willing to give their lives for the
cause. Someone with a suicide mentality is unlikely to be deterred because of
the fear of being discovered.

The absence of terrorist attacks on airlines since September 11'” may be
generating a false sense of security in this country. The assumption that
increased security efforts are working may be incorrect. It would be illogical for a
terrorist group to initiate subsequent attacks using previous methods. Maybe Al
Qaeda is planning on driving a car full of explosives into a Govemment facility or
a nuclear facility. Timothy McVeigh carried out his mission at the Federal
Building in Oklahoma City in this manner. Maybe we should train police to profile
terrorists when conducting routine patrol including traffic enforcement. The
question remains, what does a terrorist look like? What characteristics should
we be looking for? Some government officials are suggesting that we are not
profiling terrorists based solely on race or ethnicity. Instead, we are using a
combination of attributes including age, gender, race/ethnicity, and being foreign
born. In this light, and because national security is a top priority, it is argued that
the terrorist profile is appropriate. However, if we refer back to the research of

F ridell et al. (2001), the practice purported by government officials Is still racially

140

biased policing. Even so, the question can still be asked whether we should
permit the use of only race/ethnicity to profile terrorists in times of a national
crisis, where the safety of everyone is in jeopardy? Merely relying on race,
ethnicity, or nationality as a profile may be morally and legally inappropriate.
However, these are traits that a terrorist cannot change or easily conceal, and
perhaps in the future we will see increasing public support for the practice of

profiling.

I41

APPENDIX A: Law Enforcement Code of Ethics

As a law Enforcement Officer, my fundamental duty Is to serve mankind; to
safeguard lives and property; to protect the innocent against deception, the weak
against oppression or intimidation, and the peaceful against violence or disorder;
and to respect the Constitutional rights of all men to liberty, equality and justice.

I will keep my private life unsullied as an example to all; maintain courage and
calm in the face of danger, scorn, or ridicule; develop self-restraint; and be
constantly mindful of the welfare of others. Honest in thought and deed in both
my personal and official life, I will be exemplary in obeying the laws of the land
and the regulations of my department. Whatever I see or hear of a confidential
nature or that is confided to me in my official capacity will be kept ever secret,
unless revelation is necessary in the performance of my duty.

I will never act officiously or pennit personal feelings, prejudices, animosities, or
friendships to influence my decisions. With no compromise for crime and with
relentless prosecution of criminals, I will enforce the law courteously and
appropriately without fear or favor, malice or ill will, never employing unnecessary
force or violence, and never accepting gratuities.

I recognize the badge of my office as a symbol of public faith, and I accept it as a
public trust to be held as long as I am true to the ethics of the police service. I
will constantly strive to achieve these objectives and ideals, dedicating myself
before God to my chosen profession...law enforcement.

142

APPENDIX 8: Police Code of Conduct

All law enforcement officers must be full aware of the ethical responsibilities of
their position and must strive constantly to live up to the highest possible
standards of professional policing.

The international Association of Chiefs of Police believe that it is important that
police officers have clear advise and counsel available to assist them in
performing their duties consistent with these standards, and has adopted the
following ethical mandates as guidelines to meet these ends.

Primary Responsibility of a Police Officer

A police officer acts as an official representative of government who is requires
and trusted to work within the law. The police officer’s powers and duties are
conferred by statute. The fundamental duties of a police officer include serving
the community, safeguarding lives and property, protecting the innocent, keeping
the peace and ensuring the rights of all to liberty, equality and justice.

Performance of the Duties of a Police Officer

A police officer shall perform all duties impartially, without favor or affection or ill
will and without regard to status, sex, race, religion, political belief or aspiration.
All citizens will be treated equally with courtesy, consideration and dignity.

Officers will never allow personal feelings, anirnosities or friendships to influence
official conduct. Laws will be enforced appropriately and courteously and, in
canying out their responsibilities, officers will strive to obtain maximum
cooperation from public. They will conduct themselves in appearance and
deportment in such a manner as to inspire confidence and respect for the
position of public trust they hold.

Discretion

A police officer will use responsibility and discretion vested in his position and
exercise it within the law. The principal of reasonableness will guide the officer’s
determinations, and the officer will consider all surrounding circumstances in
determining whether any legal action shall be taken.

Consistent and wise use of discretion, based on professional policing
competence, will do much to preserve good relationships and retain the

143

confidence of the public. There can be difficulty in choosing between conflicting
courses of action. It is important to remember that a timely word of advise rather
than arrest-which may be correct in appropriate circumstances-can be more
effective means of achieving a desired end.

Use of Force

A police officer will never employ unnecessary force or violence and will use only
such force in the discharge of duty as is reasonable in all circumstances.

The use of force should only be used with the greatest restraint and only after
discussion, negotiation and persuasion have been found to be inappropriate or
ineffective. While the use of force is occasionally unavoidable, every police
officer will refrain from unnecessary infliction of pain or suffering and will never
engage in cruel, degrading or inhuman treatment of any person.

Confidentiality

Whatever a police officer sees, hears or Ieams of that is of a confidential nature
will be kept secret unless the performance of duty or legal provision requires
otherwise.

Members of the public have a right to security and privacy, and information
obtained about them must not be improperly divulged.

Integrity

A police officer will not engage in acts of corruption or bribery, nor will an officer
condone such acts by other police officers.

The public demands that the integrity of police officers be above reproach.
Police officers must, therefore, avoid any conduct that might compromise
integrity and thus undercut the public confidence in a law enforcement agency.
Offices will refuse to accept any gifts, presents, subscriptions, favors, gratuities
or promises that could be interpreted as seeking to cause the officer to refrain
from performing official responsibilities honestly and within the law. Police
officers must not receive private or special advantage from their official status.
Respect from the public cannot be bought; it can only be earned and cultivated.

144

Cooperation with Other Police Officer and Agencies

Police officer will cooperate with all legally authorized agencies and their
representatives in the pursuit of justice.

An officer or agency may be among many organizations that may provide law
enforcement services to a jurisdiction. It is imperative that a police officer assist
colleagues fully and completely with respect and consideration at all times.

Personal-Professional Capabilities

Police officers will be responsible for their own standard of professional
performance and will take every reasonable opportunity to enhance and improve
their level of knowledge and competence.

Through study and experience, a police officer can acquire the high level of
knowledge and competence that is essential for the efficient and effective
performance of duty. The acquisition of knowledge is a never-ending process of
professional development that should be pursued constantly.

Private Life

Police officers will behave in a manner that does not bring discredit to their
agencies or themselves.

A police officer’s character and conduct while off duty must always be exemplary,

thus maintaining a position of respect in the community in which he or she lives
and serves. The officer‘s personal behavior must be beyond reproach.

I45

APPENDIX C: Study Variables

 

Variable

Independent Variables

Age
1=16-19
2=20—24
3=25-34
4=35-44
5=45-54
6=55-64
7=65andolder

Gender

Race/Ethnicity
Black
White

Number of Vehicle Occupants
1 = One
2 = Two
3 = Three or more

Type of Violation
Non-moving
Moving

Dependent Variables

Number of Traffic Stops
One
Two or more

Disposition of Traffic Stop
Warning
Citation

146

Level of Measurement

Ordinal

Nominal

Nominal

Ordinal

Nominal

Ordinal

Nominal

APPENDIX D: Correlation Tables of Study Variables

Correlations of Driver Genger. Age, and Race/Ethnicity with Number of Stops

 

 

 

 

n = 5341
a
Number of Stops
Pearson Significance
Correlation
. b

Driver gender .070*“* .000

Driver age -.200*** .000

Driver race/ethnicityc .009 .527

 

a. 0 = once, 1 = more than once.
b. 0 = female, 1 = male.

c. 0 = White, 1 = Black.
”"p<.001.

147

APPENDIX D: (cont’d.)

Correlations of Driver Gender. Age. Raceflhnicity. Number of Occupants, and

Type of Viola_tL<m with Dismsition of Stop (n = 534D

Disposition of Stopa

 

 

 

 

Pearson Significsnce
Correlation
, b

Driver gender .057*** .000

Driver age -.019 .166

Driver race/ethnicityc .051*** .000

Number of Occupants -.016 .232

Type of Wolationd .147” .000

 

a. 0 = warning, 1 = citation.

b. 0 = female, 1 = male.

c. 0 = White, 1 = Black.

d. O = non-moving, 1 = moving.

***p< .001.

148

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