HomeMy WebLinkAbout2004-04-19 City Council (4)City of Polo Alto
C ty Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: POLICE
DATE:APRIL 19, 2004 CMR:231:04
SUBJECT:ANALYSIS OF DEMOGRAPHIC DATA FROM THE SECOND
AND THIRD QUARTERS OF FISCAL YEAR 2003-2004
This is an informational report. No Council action is required.
BACKGROUND
Since July 1, 2000, the Police Departinent has been voluntarily collecting demographic data on
all enforcement contacts. On September 10, 2001, the Police Department submitted its first
quarterly report on this data to Council. Since then five reports have been submitted
(CMR:350:01, CMR:223:02, CMR: 186:03, CMR:391:03 and CMR:491:03).
When staff reviewed the information from the second quarter of fiscal year 2002-2003, the
numbers indicated that, compared to White individuals, a disproportionate number of Hispanic
and African-American individuals were being searched by police officers. Staff therefore has
continued to conduct a detailed review of not only the demographic data with a focus on the
number and reason for searches associated with arrests, but also on the collection process.
Additional time was required for this expanded analysis, specifically on searches during the
second quarter of this year. As a result, staff has combined both the second and third quarter
¯ statistics analysis in this report. This report also contains an update on the progress the
Department has made in addressing the issue.
DISCUSSION
Description of Data Collected
Demographic data has been collected from all enforcement-related contacts made by police
officers. These contacts include officer-initiated activity such as traffic stops, consensual
contacts and contacts made by officers who witness criminal activity. Data is also collected
CMR:231:04 Page 1 of 8
from contacts that are a result of the officers responding to calls-for-service from the public
such as suspicious persons, disturbances and shoplifters placed under citizen’s arrest. When a
crime report, field interview card or citation is generated from the contact, the demographic data
is retrieved from these documents. If a document or report is not generated, the officer captures
the demographic data on a specially designed Demographic Data Collection Card (DDCC). It is
important to note that officers do not ask the people they contact what their race or ethnicity is.
Therefore, the numbers associated with each group are based upon officers’ best guess unless
they obtain the information from a document such as a driver’s license.
Analysis of Data
Contacts - Attachment A provides the number of contacts during the two quarters. Attachment
B provides the same information for the three quarters of 2003-04. Attachment C provides a
sumlnary of contact information as far back as FY 2000-01 when the Department first began
collecting the data. Over the four years, the percentage of Afi’ican-Americans and Hispanics
contacted has slightly decreased while the percentage of Asians has marginally increased. The
number of contacts with Whites has remained fairly constant. When compared to the 2000
Census data (Attachment D) for Alameda, San Francisco, San Mateo and Santa Clara Counties,
contacts with African-Americans is somewhat higher than the average for the four counties.
Staff will continue to monitor this and attempt to ascertain why this is the case.
Searches - Attachment E provides a summary of search information over the last four years.
References to searches include cursory pat searches and extensive searches of individuals, as
well as searches of vehicles. The percent of African-Americans and Hispanics searched has
decreased while the percentage of Whites searched has increased. Similar to the last staff report
(CMR:391:03), staff’ s focus for the second and third quarters was the disproportionate number
of Hispanic and African-American individuals searched by police officers. Staff analyzed
every search conducted with special attention to searches not associated with an arrest. There
were a total of 5,794 reported contacts by police during this time period that resulted in 1,047
searches. Asians were contacted at total of 725 times, resulting in 69 searches (9.5 percent);
African-Americans were contacted 651 times resulting in 225 searches (34 percent); Hispanics
were contacted 769 times resulting in 204 searches (26 percent); and Whites were contacted
2,987 times resulting in 468 searches (16 percent). Again, because of the higher percentage of
searches of Hispanics and African-Americans, staff conducted further analysis in efforts to
detemaine the reasons for the searches.
To better evaluate the specific reasons for each search, staff divided all searches into two
categories: 1) searches associated with arrests and, and 2) searches not associated with arrests.
Attachment F provides detailed information on searches.
CMR:231:04 Page 2 of 8
Searches associated with arrests were .divided into the following categories:
Searches incident to an arrest
Searches associated with conditions of parole/probation leading to arrest
Consent searches leading to arrest
Searches not associated with arrests were divided into the following categories:
Searches associated with conditions of parole/probation not leading to arrest
Searches of Vehicles incident to impound
Consent searches not leading to an arrest
Searches based on reasonable suspicion developed by the officer not leading to an
arrest or plain view of possible contraband or officer safety
Searches associated with arrests accounted for 84 percent of the total. The majority of these
searches were conducted either incident to the arrest or as a result of conditions of
parole/probation. Because these searches are made according to Department policies and
procedures as outlined in CMR:391:03, staff spent the majority of time analyzing those
situations where officers requested consent for searches or when officers reported having
probable cause for searches that subsequently lead to arrests.
There were 10 consent searches that lead to arrests: one Asian, one African-American, one
Hispanic, and seven Whites. Each of these subjects was initially contacted by officers as a result
of a traffic violation or a consensual encounter. During the contacts, syanptoms of alcohol or
drug use were observed or suspected in nine of the ten contacts. Consent searches were
requested to determine whether or not the individuals had any drugs in their possession. All
searches resulted in th~ discovery of drugs or drug paraphernalia. The remaining consent
search of the vehicle was as a result of a vehicle stop where the driver said he could not locate
his driver’s license. Because this tactic is frequently used by individuals who have warrants out
for their arrest, the officer requested a consent search in order to determine whether the person
actually did have his license; the search revealed drug paraphernalia that lead to an arrest.’
Officers conducted searches not associated with arrests on 172 individuals. The majority of
these searches (72) were the result of Department-required inventories of vehicles being
impounded. Many of these impounds are associated with unlicensed drivers.
Fifty-six were the result of conditions of parole/probation not leading to an arrest. This means
that during the contacts, officers learned that these individuals were on probation or parole and
CMR:231:04 , Page 3 of 8
search clauses were included in the terms of their probation or parole. Searches of these people
were conducted, but no contraband was located.
Twenty-eight searches were the result of consent searches: two Asians, eight African-
Americans, eight Hispanics, three in the Other category, and 54 Whites. Upon further review of
the information, staff learned that one Asian was stopped for riding his bike at night without a
light and acting suspiciously. The other Asian was contacted after an officer was dispatched to
a call of a subject matching the description of a burglary suspect. A request for a consent search
in these situations is not uncommon in efforts to determine whether the person may have any
stolen property on their person.
Out of eight African-Americans, seven were contacted as the result of officers being dispatched
to’the following calls-for-service: soliciting in a neighborhood, subjects fighting, suspicious
person, transient drinking alcohol, subject seen checking mail boxes, possible theft suspect and
subject drinking in public. The request for consent to a search for each of the subjects was
based upon the specific type of call. As an example, in the case of the call of subjects fighting,
the officer may have asked to search the individual for officer safety purposes to ensure the
person was not carrying a weapon. One subject was stopped for vehicle registration violation
and allowed the officer to search his vehicle for registration information.
Hispanics accounted for six consent searches. Four of.the consent searches were the result of
officers being dispatched to calls including a subject reportedly "casing" a neighborhood,
subject possibly under the influence of drugs, suspicious subject watching children, and a
subject riding a bike without a light and who matched the description of a suspect. One
Hispanic was asked for consent to search because he was found behind a closed business at
night and the other because he was found in a park after closing time.
Of the 10 Whites, three cases were associated with officers being dispatched to calls and seven
were the result of officer-initiated activity. The calls included the stop of a suspected burglary
suspect, contact with a suspect trespassing on private property, and contact with a person
suspected of Municipal Code violations. Two people were searched after the officer observed
several VCR’s in the back seat of a vehicle that was stopped for a traffic violation; three
subjects were asked for consent after being found in a park after closing; one subject was asked
for consent after running from a VTA bus across:all lanes of E1 Camino at night; and the
seventh was stopped after the officer observed a person who matched the description of a
burglary suspect. No arrests were made in these cases either because no contraband was found,
there was no proof of the suspected crime, or there was not enough information to detain the
individuals further.
CMR:231:04 , Page 4 of 8
Sixteen searches not associated with arrests were made as a result of reasonable suspicion
developed by the officers, officer safety or plain view of possible contraband. One Asian’s
vehicle was searched after a traffic stop when the officer saw what appeared to be an open
container of alcohol in the vehicle. One African-American was searched after an officer was
dispatched to a call of individuals drinking in public and when what appeared to be an open
container of alcohol was observed on the person. 0fthe six Hispanics, three were suspected of
being involved in a burglary that had just been reported; they were subsequently determined not
to have been involved. Because the officers were investigating a felony, the individuals were
searched to ensure they were not carrying any weapons. One Hispanic matched the description
of a suspect in a previously reportedcrime, but was found not to have been involved. Staff does
not know why that person was searched. The vehicle of two Hispanics was searched as they ha
been reported selling home theater systems from the trunk of their vehicle; upon investigation,
the officers determined that no crime had been committed.
Of the eight White individuals searched based upon reasonable suspicion, officer safety or plain
view of possible contraband, five juveniles were reported to be smoking and playing with
matches; and one individual was associated with the incident mentioned above when home
theater systems were reportedly being sold from a trunk of a vehicle. One involved the officer’s
observation of a possible theft suspect and another subject was stopped for possible reckless
driving. Staff has not been able to determine the specific reason for conducting searches on
these two individuals.
As staff reviewed the information on the searches not associatedwith arrests that were made as
a result of consent searches or probable cause, it was apparent that officers have not been
providing enough specific information on the DDCC and Field Interview cards to conclusively
determine the appropriateness of the searches. As a result, effective immediately, staff will be
required to provide very specific information about the initial reason for these types of contacts
and the specific reasons consent searches are requested or that lead to probable cause.
Supervisors will be held accountable to ensure that the information is included on all these
cards.
.Update on Department’s Activities Improving Relations with Minorities
Additional work has been done on the forced choice format that will be used by the officers on
their vehicle computers in place of the manual completion of the DDCC’s. Staff anticipates that
by the end of the fiscal year, the work will be completed which will result in more standardized,
detailed information being entered directly into the Department’s computer system for more
expedient retrieval and analysis.
CMR:231:04 ,Page 5 of 8
Legal update training on laws of detentions, searches and arrest has continued. Nearly 90
percent of all supervisors and officers have been provided the Peace Officers’ Standards and
Training (POST) course in racial profiling. The remaining staff has been scheduled to attend.
Dispatchers have once again begun asking specific questions of members of the public who call
to report suspicious persons. This had been the policy a number of years ago that had not been
maintained. These questions attempt to determine why a citizen believes the person to be
suspicious. After officers investigate the alleged suspicious person, contact is made with the
reporting party to advise them about the results, especially when it is a person of color who may
reside in the neighborhood or happen to be talcing a walk through the neighborhood.
Police Department command staff continues to meet regularly with the Human Relations
Commission (HRC). The emphasis of discussion is police/race relations and the demographic
data collection analysis. Members of the HRC have served on the last two police promotional
interview panels.
The quarterly diversity group meeting initiated by staff last year includes line-level officers,
command staff and members of the minority .community continue. The fourth meeting is
scheduled for May 19, 2004. Staff is close to implementing a telephone hotline, which
originated from the diversity group. Staff expects to begin the use of this hotline that will allow
citizens, especially people of color who may be hesitant to contact the Police Department, to
share their feelings about an interaction with a police officer in a non-threatening manner.
These callers can remain anonymous if they wish. This will at the very least.provide the Police
Department the opportunity to more accurately assess the numbers of people who may feel that
they havebeen treated differently or unfairly. Staff will provide a summary of these calls in the
Police Department’s bi-annual citizens’ complaint report to Council. Staff will also highlight in
the citizens’ complaint report all complaints where there were allegations of racial profiling or
ethnic bias.
Staff began work on another idea that came from a member of the diversity group, a police/race
relations forum. However, based upon discussions with representatives of the faith and business
communities and other representatives from East Palo Alto and Palo Alto, staff instead will be
pursuing opportunities to have line-level officers interact with smaller groups of minority
community members in order to diminish stereotypes and increase personal interactions.
Staff will continue to conduct the Police Department’s Citizen’s Academy for members of the
community. The interest level has been so great for this program that staff is now conducting
two academies a year. Two HRC members are academy graduates and another member has
enrolled in the next session.
CMR:231:04 , Page 6 of 8
Finally, the Police Department is planning to purchase video cameras that will be installed in
every patrol vehicle. Based upon the experience of other agencies that have already begun
utilizing these cameras, staff anticipates a reduction in the number of citizen complaints and
claims once the cameras are operational.
RESOURCE IMPACT
An hourly employee is retained to compile statistics at a cost of $200 per quarter. Additionally,
over 100 hours of staff time has been spent on the in-depth analysis of the demographic data and
arrest reports.
POLICY IMPLICATIONS
This policy is consistent with existing City policies.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Attachment F:
FY 2003-04 2~d and 3rd Quarters Combined
FY 2003-04 1st, 2nd and 3~d Quarters
Contact Companions
2000 Census Data by County
Search Summary for Four Years
Search Summary: FY 2003-04 2nd and 3rd Quarters
PREPARED BY:
BRAD ZO~
Police
DEPARTMENT HEAD:
LYNNE
Police Chief
[SON
CMR:231:04 Page 7 of 8
CITY MANAGER APPROVAL:
HARRISON
Assistant City Manager
CMR:231:04 Page 8 of 8
ATTACHMENT C - CONTACT COMPARISONS
00-01x
01_02xx
02-03
03_04xxx
04/07/04
TOTAL
CONTACTS
9,845
9,398
13,242
8,927
ASIAN
1,052
(10.7%
948
(10.1%)
1,475
(11%)
1,055
(11.8%)
AFRICAN-
AMERICAN
1,174
(11.9%)
1,153
(12.3%)
1,557
(11.6%)
1,034
(11.6%)
HISPANIC
1,633
(16.5%)
1,648
(17.5%)
1,998
(15.1%)
1,247
(14%)
OTHER
857
(8.7%)
962
(10.2%)
1,462
(11%)
1,010
(11.3%)
WHITE
5,129
(52.1%)
4,687
(49.9%)
6,750
(51%)
4,581
(51.3%)
X -- 3rd & 4tu Quarters Only
XX = 1st & 2rid Quarters Only
X_XX = 1st, 2nd & 3rd Quarters Only
ATTACHMENT D - 2000 CENSUS DATA BY COUNTY
ALAMEDA
SAN
FRANCISCO
SAN MATEO
SANTA CLARA
AVERAGE
PALO ALTO " "
ENFORCEMENT
CONTACTS FY
03-04
04/.07/04
ASIAN
20.4%
30.8%
20%
25.6%
21.9%
11.8%
AFRICAN-
AMERICAN
14.9%
7.8%
3.5%
2.8%
7.3%
11.6%
HISPANIC
19%
14.1%
21.9%
24%
19.7%
14%
WHITE
48.8%
43.6%
49.8%
44.2%
46.6%
51.3%
X = 3rd & 4aa Quarters Only
XX = 1 st & 2nd Quarters Only
XXX = 1st, 2na & 3ra Quarters Only
ATTACHMENT E
SEARCH SUMMARY FOR FOUR YEARS
TOTAL ASIAN AFRICAN- HISPANIC OTHER WHITE
AMERICAN
00-01x 1,184 52 264 330 58 480
(4.4%)(22.3%)(27.9%)(4.9%)(40.5%)
01-02xx 1,513 61 338 421 91 602
(4%)(22.3%)(27.9%)(6%)(39.8%)
02-03 2,786 148 712 547 212 1,167
(5.3°/0)(25.6%)(19.6%)(7.6%)(41.9%)
03-04xxx 1,537 99 333 302 112 691
(6.4%)(21.7%)(19.6%)(7.3%)(45%)
04/07/04
X = 3rd & 4th Quarters Only
XX = Ist & 2nd Quarters Only
XXX = 1st, 2nd & 3rd Quarters Only
ATTACHMENT F
Palo Alto Police Department
Search Summary
Ethnicity
Total Searches People and Vehicles
Searches incident to arrest
Totals
1047
849 (81.0%)
Asian
69
Parole/Probation searches leading to arrest 16
African Am Hispanic Other
225 (21.5°/011 204 (19.50/o)
i i81(7"7%)
1751 136 76i
8 1!0
White
468 (44.7%)
401
Consent Searches leading to arrest 10 11 11 1 0 7
0 Oi Ol 0~0 0
172 (16.4°/o)6 C8.6°/0}i 41C18.2°/o1 66 (32°/o)i 5 (6.17°/o)54 Cl1.5°/o)
Probable Cause searches leading to arrest
Searches not associated with an arrest
Parole/Probation searches NOT leading to arrest
Vehicle impound searches
Consent Searches not leading to arrest
Probable Cause searches not leading to arrest
56
72
28
16
01 25 8 ¯20
[
7 44 2 16
8 8 0 10
--~1 6 0 8
Printed 04/07/2004