HomeMy WebLinkAbout0035 - ILLEGAL RACIAL PROFILINGRed Wing Police Department
Policy
SUBJECT:
POLICY NUMBER
W
ILLEGAL OR RACIAL PROFILING
35
Oxr,
EFFECTIVE DATE
May 23, 2008
REFERENCE(S):
APPROVED BY:
Minnesota
CHIEF ROGER D. POHLMAN
COMMENT: It is important that the Red Wing Police Department allow ethical police
discretion and its application relative to stops by its members. The reality or
perception of racial profiling alienates people from the police, hinders
community and problem -solving police efforts and causes our department to
lose credibility and trust among the people we are sworn to protect and
serve. This policy emphasizes the need to respect the balance between the
rights of all persons to be free from unreasonable intrusions and this
department's need to enforce the law.
PURPOSE: The purpose of this policy is to ensure that our citizens get treated fairly,
equally and with respect. This policy governs the conduct of the members of
this department and prevents any action based solely on race, ethnicity or
national origin.
POLICY: It is the policy of the Red Wing Police Department that no member shall
stop, detain, or search any person when that stop, detention, or search is
solely motivated by race, ethnicity or national origin. Police action must be
based on an individual's illegal behavior or a situation where an individual
matches the description of a specific suspect.
DEFINITIONS:
A. RACIAL PROFILING: Is defined as any action initiated by members
of the Red Wing Police Department that is based solely or relying
upon race, ethnicity or national origin of an individual. Racial profiling
includes the use of racial or ethnic stereotypes as factors in selecting
whom an officer stops or searches. Racial profiling does not include
use of race or ethnic origin to determine whether or not a person
matches a specific description of a subject or suspect.
B. ILLEGAL PROFILING: Is defined as any action initiated by members
of the Red Wing Police Department that is based solely or relying
upon religion, gender or sexual orientation of an individual. Illegal
profiling includes the use of religion, gender or sexual preference as
factors in selecting whom an officer stops or searches.
C. ARTICUABLE SUSPICION: Is defined as more than a mere hunch,
based on a set of facts or circumstances that can readily be
described that would cause a person of average caution to believe
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ILLEGAL OR RACIAL PROFILING -POLICY 35
that an offense has been committed, is being committed or is about to
be committed by a specific person.
2. PROCEDURES
A. An officer may stop a vehicle only upon reasonable suspicion that the
driver or occupant(s) are committing or have committed a violation or
offense. No stop shall be made based solely upon race, ethnicity,
national origin, religion, gender or sexual orientation.
1) The officer must be able to articulate the justification for the
stop and shall include such information in any written
documents completed as a result of the stop.
B. An officer will only base his/her decision to search a vehicle on
observable information and/or occupant behavior and shall articulate
that information or observation in any written documentation resulting
from the stop/search.
C. At the time of any stop it shall be the responsibility of the officer(s)
engaged in the stop to provide his/her badge number(s), the identity
of the department, and the reason for the stop to the driver of the
vehicle. Officers shall identify themselves by name if requested. This
shall be done in a polite and courteous manner.
3. RESPONSIBILITIES
A. It is the responsibility of the Chief of Police, the Captain, and any
supervisor of the Red Wing Police Department to monitor and
enforce the provisions of this policy. The Chief of Police and all
supervisors shall ensure that each member of the Red Wing Police
Department is aware of this policy, its purpose and the conduct that is
prohibited.
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