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HomeMy WebLinkAbout2004-11-22 City Council (5)C ty CRy of Palo Alto Manager’s Report TO:HONOtL~BLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: POLICE DATE: SUBJECT: NOVEMBER 22, 2004 CMR:484:04 ANALYSIS OF DEMOGRAPHIC DATA FROM THE FIRST QUARTER OF FISCAL YEAR 2004-2005 This is an informational report. No Council action is required. BACKGROUND Since July 1, 2000, the Police Department has been voluntarily collecting demo~aphic data on all enforcement contacts. On September 10, 2001, the Police Department submitted its first quarterly report on this data to Council. Since then seven reports have been submitted (CMR:350:01, CMR:223:02, CMR:186:03, CMR:391:03, CMR:491:03, CMR:231:04 and CMR:387:04). Staff has continued to conduct a detailed review of not only the demogaphic data (with a focus on the number and reason for searches associated with arrests), but also on the collection process. Staff has also continued in efforts to improve relations with members of the minority community. DISCUSSION Update on Department’s Activities Improvin~ Community Relations Last quarter, staff implemented the Conmaunity Access Line to provide an opportunity for members of the public to voice their concerns with the Police Department. During this past quarter, members of community called the access line only four times to report minor crimes and request extra patrols in neighborhoods. There were no reports of racial profiling or negative contacts with officers. Staff will continue to advertise the existence of this access line. Both this advertising and the access line message will be translated into several languages to encourage all members of the community to share their concerns and commendations regarding their interactions with the Police Department. Another progam, developed last quarter, aimed at reaching out to the minority conmaunity was the Coffee, Cops and Community progam. The Police Chief worked with Council Member LaDoris Cordell and Reverend Jonathan Staples from the Jerusalem Baptist Church in Palo Alto to develop the CMR:484:04 Page 1 of 8 concept and a detailed agenda. The plan called for members of the minority community to host small meetings in their homes with members of the Police Department to discuss issues and hopefully break down stereotypes on both sides. However, to-date, only one person has volunteered to host a meeting. Staff will continue to try to identify additional interested community members to participate in this pro~am. During this quarter significant progress has been made in the complete revision of the Department’s General Orders. While the Department has updated some genera! orders over the years as case law has provided different procedures, this is the first time that a comprehensive revision has been completed at one time. All general orders and directives will be consistent with best police practices, case law, and legislation. The Internal Affairs/Citizens Complaint procedure will be updated to include the forn~ation of a specially trained Internal Affairs Investigation Team to deal with complicated internal investigations. These investigations will be reviewed by the City Attorney. A new process will be developed to review officers’ use of force incidents and a new general order will be included in the manual that expressly prohibits racial profiling. Staff anticipates that the new general orders will be distributed and training of al! staff will be completed early next calendar year. These general orders will continue to be updated amually to stay current with changing laws and needs of the community and the Department. The Police Department is continuing with its plan to purchase video cameras and install them in every patrol vehicle. Council approved the funding on November 8, 2004. The use policy will be finalized and staff will return to Council for contract approval. Staff will make the use policy available at that time for Council review. Staff hopes to have the cameras operational early in 2005. The Field Training Officer (FTO) pro~am audit completed by an independent professional should be finished by December 1. Recommendations for changes to the pro~am will be reviewed and implemented next quarter. The goal is to update the FTO pro~arn to better address the changing needs in basic police training and comlnunity relations. Strong emphasis will be placed on .improving social interaction and problem solving skills of the trainees. In addition to changes in the FTO progam, the Continued Professional Training (CPT) training sessions every officer must attend annually will be revised. The emphasis will be on communications skills, interacting with people and scenario-based interactions focusing on verbalization and de-escalation skills. This new course curriculum will begin in January 2005. In September, several command staffmembers attended the" Policing Racial Bias" conference held at Stanford University. The goal of the conference was to develop partnerships among social psychologists and law enforcement agencies to share inforn~ation and generate new ~knowledge about the influence of racial bias in policing. The conference offered a unique opportunity whereby researchers from leading universities and law enforcement officials from around the country could work together to proactively address race relations. Researchers noted that the primary methods of addressing CMR:484:04 Page 2 of 8 racial issues in policing so far have been to collect data on traffic stops and searches and to require sensitivity training for patrol officers. While this approach has provided some valuable information, many questions still remain. Questions researchers would like to address include: Under x~hat situations might race unintentionally influence officers’ decision-making? How can unintentional racial bias be examined and isolated in the policing context? What types of police training would be most effective in reducing racial bias? Police staff is working with researchers and law enforcement officials to develop new training techniques, hiring practices and evaluation tools to detect and hopefully reduce racial bias in policing. The Police Chief has joined a special Multi-Jurisdiction/Research Group resulting from this conference that will work collaboratively on new projects to help better understand and address the issues of racial bias in policing. The Police Department is nearing the end of its current five-year Strategic Plan. In January 2005, the plamaing process for the next five-year plan will begin. This process will rely heavily on community input in the form of stakeholder ~oups from all se~nents of the community. Special attention will be paid to conducting focus goups with members of all minority communities in and around Palo Alto to be sure their input is included in determining the priorities and direction of the Police Department for the next five years. Staff is in the process of developing other action plans in efforts to continue to enhance community relations. Description of Data Collected Demogaphic 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 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 an’est. When a crime report, field interview card or citation is generated from the contact, the demo~aphic data is retrieved from these documents. Ifa document or report is not generated, the officer captures the demo~aphic data on a specially designed Demo~’aphic 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 ~oup are based upon officers’ best guess unless they obtain the information from a document such as a driver’s license. Analysis of Data Contacts - A total of 2,406 contacts were made during the quarter. Attachment A provides the detailed numbers. Attacbanent B provides comparison infom~ation with previous reports. Percentages of contacts for the different races are fairly consistent with previous reports. Staff again evaluated all police contacts made with African-Americans to clearly deten~nine why these individuals were contacted. Staff has broken down all contacts into the two categories: officer-initiated contacts and CMR:484:04 Page 3 of 8 calls for service from the public. The matrix below indicates that Vehicle Code violations again represented the majority of contacts with African-Americans. All African-American Contacts Nature of Contact Number of Officer-Initiated Contacts Number of Contacts from Calls for Service from the Public 1 2 4 44 Total Wanted Bulletins 0 1 Consensual Contacts 15 17 Municipal Code Violations 6 10 Penal Code or Health and 26 70 Safet3, Code Violations Suspicious Activity 3 10 13 Vehicle Code Violations 191 10 201 Totals 241 71 312 The number of contacts and the nature of the contacts for all African-Americans remain very similar to last quarter. As a result of last quarter’s analysis, staff determined that African-Americans were issued a higher percentage of citations for equipment violations than other ethnic ~oups. This past quarter, Police command staff conducted meetings with all sworn officers to discuss this information. Officers emphasized that the majority of the time the race or even the sex of a driver camot be determined, especially at night, until after the vehicle has been stopped. Officers stated the basis of their stops was the equipment violations and not the ethnicity or gender of the driver. Officers were again reminded that the use of race as a factor for making any enforcement stops was prohibited. To better understand exactly what Vehicle Code sections are being used to stop drivers, all officers have now been directed to list the specific Vehicle Code section used for the detention on the FI card or Data Collection card if no citation or arrest report is written. Citations -The analysis of all citations issued during the quarter, including moving, equipment and administrative violations, was conducted. Administrative violations are violations of administrative sections of the California Vehicle Code (CVC) such as driver’s license status or restrictions, failure to notify the Department of Motor Vehicles (DMV) of a change of address or insurance requirements. These violations can only be determined after contact with the driver has been made and are not the reason for the stop. While officers may not stop a driver without observing an equipment or moving violation, it is possible that the person may be only issued a citation for an administrative violation. Whites received 662 citations, 474 for moving and 168 for equipment violations. Nineteen citations were issued to Whites for administrative violations including unlicensed driver, lack of insurance and CMR:484:04 Page 4 of 8 failure to report a change of address to DMV. One White subject was issued a citation for a Municipal Code violation. African-Americans received a total of 94 citations: 51 for moving, 36 equipment and seven for administrative violations. Hispanics received 223 citations: 123 for moving, 52 for equipment and 45 for administrative violations. Three citations were issued after reported accidents. Asians received 211 citations: 164 for moving, 40 for equipment and seven for administrative violations. A more detailed analysis of equipment citations issued was conducted. A total of 296 equipment citations were issued to Asians, African-Americans, Hispanics and Whites using 36 different CVC equipment violation sections (Attacl-nnent D). The majority of these were for expired registration, failure to use seat belt and brake light violations. The remaining citations were for a combination of lighting, license plate, faulty exhaust systems and window glass violations. No pattern of disproportionate treatment for any ettmic ~oup was identified from the analysis of equipment citations issued this quarter. Searches ® -Five consent searches led to arrests: An Asian was stopped for a defective headlight at night and found to have a history of drug violations. A consent search was requested for drugs and drug paraphernalia was found. An African-American was stopped for not having any license plates on the vehicle he was driving. The vehicle was found to have expired registration and was towed. Prior to driving the subject to a phone and following Department procedures regarding searching all subjects for weapons or contraband prior to allowing them in a patrol vehicle, the officer asked the subject for consent to search. The subject consented to the search and cocaine was located. An African-Aa~erican was contacted behind the Red Cross building at night. The subject showed signs of being under the influence of drugs and was asked for consent to be searched for drugs. The subject allowed the search and drug paraphernalia was found. A Hispanic was contacted standing next to a disabled vehicle on the roadway. The subject smelled of marijuana and was asked for consent to search the vehicle for drugs. Officers found methamphetamine inside the vehicle. A White juvenile who had been reported as a runaway was stopped by officers. During the contact the juvenile told the officers he had a marijuana-smoking pipe on ttis person. Officers asked for consent to search for this pipe and drug paraphernalia was found. Searches not incident to arrests - Seventy-five searches were conducted that were not associated with arrests. Attachment E provides a sunvnary of search information for the quarter. The majority of these searches (44) were the result of Department-required inventories of vehicles being impounded. Most of these impounds were associated with unlicensed drivers. Staff analyzed every search conducted with special attention to searches not associated with an arrest. Ten consent searches not associated with arrests were conducted: ¯An Asian was stopped at the Cubberley Community Center with one White individual after officers were dispatched to a call of suspicious subjects vandalizing the complex with paintball CMR:484:04 Page 5 of 8 guns. Officers requested consent to search the Asian subject for the paintball guns. An African-American was stopped for failing to follow a directional sign while driving. This subject had a hea~2¢ odor of marijuana on his person and admitted to smoking marijuana the night before. Officers asked for consent and were given permission to search the subject for marijuana. An African-American individual was stopped after officers were dispatched to a call of subjects in custody for burglary and possession of cocaine at Stanford Shopping Center. The subject was associated with the suspects who were arrested. He was asked for consent to be searched for items stolen from the store and possible drugs. A Hispanic was stopped for a defective headlight and the officer obselwed numerous pieces of stereo equipment his vehicle. A consent search was requested to search for stolen property. Four Whites were stopped after they were reported to be acting suspicious at night at the Elks Lodge with flashlights. The subjects had criminal history for drug use so officers requested consent to search each subject for drugs. A White individual was reported to be involved in narcotics activity. When the officer contacted the subject, drug paraphernalia was seen in plain view. The officers asked for consent to search the subject for drugs. A subject of unknown race was stopped in the area of a reported fight. Consent was requested to search the subject for weapons. Nineteen searches were the result of conditions of parole/probation not leading to an arrest. This means that during the contacts, officers learned that the individuals had search clauses included in their terms of probation or parole. " Searches of these people were conducted, but no contraband was located. Only two searches not associated with arrests were made as a result of reasonable suspicion developed by officers, officer safety, or plain view of possible contraband. These searches differ from the consent searches mentioned above because the officers had legal justification to conduct the search even without the consent of the subject. Two African-American individuals were stopped after officers were dispatched to a call for subjects who matched the description of an armed suspect associated with robbery that had just occurred. Due to the violent nature of the crime reported, the officers searched the subjects for weapons but found none. It should be noted that staff found several errors in the summary of data collection from the fourth quarter of last fiscal year. The number of adult and juvenile citations, as well as the total number of ¯ adult and juvenile contacts other than arrests and citations were not calculated properly. A revised summary sheet is attached. Future considerations - As staff has spent time conducting research into the benefits and downsides to demo~aphic data collection and analysis, several points consistently are made. As the National Organization of Black Law Enforcement Executives (NOBLE) stated in its report, Racial Pro.filing: !’Iq~at Does it Mean, "Improper data collection with inaccurate analysis is irresponsible, contributes to negative perceptions and results in an overall lack of confidence in the process." For this reason, almost CMR:484:04 Page 6 of 8 all agencies ttvoughout the country that collect data track the location, reason, and results for traffic stops; the residency, gender, etlmicity, and age of drivers of all stops; and any associated search information such as reason and results. There is not any other agency that staff is aware of that even attempts to gather the amount of data that is collected by Palo Alto Police Department. Staff has continually stated that due to the breadth of data collected, together with the fact that officers who frequently go from call to call are not always able to record information on contacts, that the numbers are at best estimates. Many times an individual will be cited for a violation, searched and charged. This same individual may fail to go to court and have a warrant issued for his/her arrest the next quarter. When this individual gets arrested for the warrant, in actuality, it is a continuation of the original violation, yet it appears in the data as a new contact, arrest, and search. Another point that is generally a~eed upon is the importance of establishing appropriate benclvnarks and comparative data. The benclm~arks should be easily understood by the conmmnity and comparable to both external and internal information. Staff continues to work on the computerized forced choice format for officers to complete the Demo~aphic Data Cards via their car computers. Because of the amount of information currently collected, this task has not been an easy one. By collecting information similar to other agencies, the automated collection could be operational in early 2005. For these reasons, beginning in January 2005, staff is considering a change in the information collected to match the infomaation collected by other agencies. RESOURCE IMPACT An hourly employee is retained to compile statistics at a cost of $200 per quarter. Additionally, over 80 hours of staff time has been spent on the in-depth analysis of the demo~’aphic data, citations and anest reports. ATTACHMENTS Attachment Attachment Attact~nent Attachment Attachment Attachment Attackment Attachment A- First Quarter Statistics 04-05 B - Comparison of First Quarter to previous reports C - CMR:231:04 with Census Data D - Sun~-nary of Equipment Violations E - First Quarter Search Summary F - First Quarter Search comparison to previous reports G- Revised Fourth Quarter Data H - Demo~aphic Data Collection Process Memo CMR:484:04 Page 7 of 8 PREPARED BY: "BRAD ZOOK Police Captain DEPARTMENT HEAD: Police Chief CITY MANAGER APPROVAL: HARRISON Assistant City Manager CMR:484:04 Page 8 of 8 Palo Alto Police Department luarterl’ Collection Ethnicity Gender Totals Asian African Am Hispanic Other White Total Reported Contacts 2,406 280 11,6%312 13.0°/o 382 15.9%257 10.7°/o 1175 48.8% Total Adult Arrests Total Juvenile ArresL~ Total Adult Cites Total Juvenile Cites Total Reported Ott~er (Adult)~ Total Reported Other (3uveniie)* Contacts as a Resutt of Dispatched Calls Contacts as a Result of SeE initiated Activity Total Reported Searches Total Person Searches Total Vehicle Searches 515 47 1344 26 438 36 362 2044 451 381 70 Total No Search 1955 Searches as a Result of Dispatched Calls 254 Searches as a Result of self Initiated 197Activity Search Person incident to Arrest 228 Search Person / Vehicle to Arrest Search Vehicle to Arrest 2£ Search / No Search Percentage by Ethnicity / Gender 21~ 206 39 2 24 256! 23~ 20 3 257 17~ 6~ 16~ 4.1%110 21.4%81 15,7%; 12.8%16 34.0%4 8,5% 15.3%93 6.9%214 15.9% 23.1%3 11,5%3 11.5% 8.9%83 18.9%72 16.4% 5.6%7 19,4%8 22.2% 6,6%71 19.6%55 15.2% 12.5%241 11.8%327 16.0% 5.1%99 22,0%98 21.7% 5.2%80;21,0%68 17.8% 4,3%19 27,1%30 42,9% 13.1%213 10.9%284 14,5% 6.7%43 16.9%42 16,5% 3.0%56 28.4%56 28.4% 7.0%40 17.5%39 17.1% 25,0%0 0.0%10 3 10.3%7 24,1% Search No Search Search~,No Search 8,2%91.8%31.7%68.3% 49 9,5%254 49.3% 1 2.1%20 42.6% 167 12.4%664 49.4% 1 3.8%13 50,0% 34 7,8%210 47.9% 5 13,9%14 38.9% 32 8.8%180 49,7% 225 11.0%995 48.7% 35 7,8°/o 196 43.5°/o 30 7.9%183 48.0% 5 7,1%13 18,6% 222 11,4%979 50.1% 21 8.3%131 51.6% 14 7.1%65 33.0% 20 8.8%113 49.6% 8 20.0%2 12 41.4%:~2 Search No Search Search 25.7%74.3%13.6% 5.0%20 50.0% 6,9%5 !7.2% No Search Search No Search 86.4%16.7%83.3% *Other includes Field Interviews, Consensual Contacts, and Warnings on Traffic Violations. Percentages are calculated based on Grand Totals for Ethnicities or Genders except where indicated otherwise. Female 7 60 109 17 490 9 126 9 98 662 97 76 21 662 65 32 51 4i Search 12.8% 31.6°/o 21.2% 36.2% 36.5% 34.6% 28,8% 25.0% 27.1% 32.4% 21.5Olo 19.9% 30.0% 33.9% 25.6% 16.2%, 22.4% lO.0O/o 37.9% No Search87.1% Male 1646 68.4% 406 78.8% 30 ;>63.8% 854 63.5% ] 7 65.4% 312 71.2% 27 75,0% 264 72,9% 1382 67,6% 354 78.5°/o 305 80.1% 49 70,0% 1293 66.1% 189 74.4% 165 83.8% 177 77.6% 36 90,0% i18 62.1% Search No Search 21,5% 78.6% Printed 10/20/2004 ATTACHMENT B- CONTACT COMP.~IISONS 00-01x 01.02xx 02-03 03_04xxx 03-04~’cxx TOTAL CONTACTS 9,845 9,398 13,242 8,927 2,715 04-05xxxxx t 2,406 ASIAN HISP.&NIC "WHITE 1,052 (10.7% 948 (10.1%) 1,475 (11%) 1,055 (11.8%) 323 (11.9%) 280 (1 !.6%) AFRIC.&N- .’&ME RI C .&N 1,174 (11.9%) 1,153 (12.3%) 1,557 (11.6%) 1.034 (11.6%) 328 (12.1%) 312 (12.9%) 1.633 (16.}%) 1,648 (17.5%) 1,998 (15.1%) 1,247 (14%) 421 (15.5%) 382 (15.8%) OTHER 857 (8.7%) 962 (10.2%) 1,462 (11%) 1,010 (11.3%) 277 ( 1 O.2%) 257 ( 10.69/o 5,129 (52.1%) 4,687 (49.9%) 6,750 (51%) 4,581 (51.3%) 1366 (50.3) 1175 (48.8%) X = 3rd & 4a’ Quarters Only ,-Y~2 = 1st & 2na Quarters Only XXX = 1s~, 2na & 3ra Quarters Only XXXX= 4th Quarter XXXXX= 1 st Quarter Only City of Paio Alto C ty Manager’s Report TO:HONOR_&BLE CITY COUNCIL FROM: DATE: ’T"SrcNJEC . CITY 5I~_NAGER DEP.~d~T~NT: POLICE APRIL 19, 2004 CM_R:231:04 .ANALYSIS OF DEMOGRA_PHIC DATA FROM THE SECO.ND A_N-D THIRD QU.~RTERS OF FISCAL YE.~AR 2003-2004 T19s is an mlomaatlona report. No Council action is required. BACKGROb_~.~D Since July 1,2000, the Police Department has been voluntarily collecting demoN’aphic 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 .09~. .) I ~(CM_R._, ~0.01, CMR.~.-~.0~, C_M-R: 186:03, CMR:3 91:03 and CM~R:491:0~). \~qaen staff reviewed the infomaation from the second quarter of fiscal year 2002-2003, the numbers indicated that, compared to \~qaite individuals, a disproportionate number of Hispanic and African-American individuals were being searched by poIice officers. Staff therefore has continued to conduct a detailed review of not only the demo~aphic da~a 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 din-hag the second quarter of this year. As a result, staff has COl-nbined both the second and third quarter s~atistics analysis in this report. This report also contains an update on the prouess the Deparmaent has made in addressing the issue. DISCUSSION Description of Data Collected Demouaphic data has been collected from all enforcement-related contacts made by police officers. These contacts include officer-initiated activib,~ such as traffic stops, consensual contacts and contacts made by officers who witness criminal activib;. 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 mid shoplifters placed under cifizen:s arrest. When a crime report, field intendew card or citation is generated from the contact, the demo=cu’aphic data is retrieved from these documents. Ifa document or repo~ is not generated, the officer captures the demo~’aphic data on a specially desiy~ed Demog-raphic Data Collection Card (DDCC). I~ is important to note that officers do not ask the people they contact what tl~eir race or etlmiciD, is. Therefore.. the numbers associated witl~ each ~oup m-e based upon officers’ best guess tmless they obtain the information from a document such as a driver’s license. Analysis of Data Contacts - Attaclm~ent A provides the number of contacts during the two quarters. Attaclm~ent B provides the same infom~ation for the tMee quarters of 2003-04. Attac~nent C provides a sunburn%.’ of contact infot-mation as far back as FY 2000-01 when the Depmxment first began collecting the data. Over tl~e four years, the percentage of African-,Q~eficans and Hispanics contacted has sli~l~tly decreased while the percentage of Asians has marginally increased. The number of contacts with ~q~ites has rema~ed fakly constant. ~q~en compared to the 2000 Census data (A~aclm~ent D) for ,Qameda, San Yrancisco, San Mateo ~d Santa Clara Counties, contacts with A~ca~-Ameficans is somewhat ~gher than the average for the four counties. Staff wil! continue to monitor t~s and a~empt to asce~ain why t~s is the case. Searches - Attaclm~ent E provides a sunmm~ of search information over the last four years. References to searches include cursor%; pat searches and extensive searches of individuals~ as well as searches Of velticles. The.percent of African-,am~ericans and Ytispanics searched has decreased while the percentage of\~,~tes searched has increased. Similar to the last staff report (CMR: 391:03), staff" s focus for the second and third quarters was the di sproportionate nmnber of Hispat~Jc and African-,a_merican individuals searched by police officers. Staff analyzed evm-y search conducted with special attention to searches not associated with an an’est. There were a total of 5,.794 repolted contacts by police during tltis time period that resulted in 1.047 searches. Asians Were contacted at total of 725 times, resulting in 69 searches (9.~ percent); African-:a_mericans were contacted 6~ 1 times resulting in 22~ searches (34 percent); Hispmfics were contacted 769 times resulting in 204 searches (26 percent); and \,tq~ites 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 detem~ine 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. Attactm~ent 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: 0 0 Searches associated with conditions of parol!!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, s?anptoms of alcohol or drag use were observed or suspected in nine of the ten contacts. Consent searches were requested to detern-dne whether or not the individuals had any drugs in their possession. All searches resulted in the 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 detenr~ine 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 parol!!probation not leading to an arrest. This means that din-ins the contacts, officers learned that these individuals were on probation or parole and Cb~[R: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 infom~ation, staff lemT~ed that one Asian was stopped for riding his bike at night without a Ii_~ht and acting suspiciously. The other Asian was contacted after an officer was dispatched to a ~all of a subject matching the description of a burglary suspect. A request for a consent search in these situations is not uncolTm~on in efforts to determine whether the person may have any stolen property on their person. Out of eight African-:~aaericans, seven were contacted as the result of officers being dispatched tothe following calls-for-service: soIiciting in a neighborhoo5, subjects fighting, suspicious person, transient drinking alcohol, subject seen chec~ng mail boxes, possible theft suspect and subject drinldng 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 haveasked to search the individual for officer safe~, 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 re~stration 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 flue 10 \Vhites, three cases were associated with officers being dispatched to calls and seven were the result of officer-initiated activil).,’. The calls included the stop of a suspected burglary" suspect, contact with a suspect trespassing on private propert)~, and contact with a person suspected of Municipal Code violations. Two people were searched after the officer obsen~ed 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 Can~ino at night; and the seventh was stopped after the officer observed a person who matched the description of a burglar5, suspect. No arrests were made in these cases either because no contraband was found, there was no proof of tl.ae suspected crime, or there was not enough information to detain the individuals further. Page 4 of 8CMR:231:04 ~ 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 obserwed on the person. Of the 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 carr3dng any weapons. One Hispanic matched the description of a suspect in a previously reported crime, but was found not to have been involved. Staff does not 1,n~ow why that person was searched. The vehicle of two Hispanics- was searched as they ha been reportedselling home theater systems from the trunk of their vehicle; upon investigation, the officers determined that no crime had been committed. Of the eight V~ite individuals searched based upon reasonable suspicion, officer safety or plain view of possible contraband, five juveniles were reported to be smok_ing and p]aying 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 m~o individuals. As staff reviewed the information on the searches not associated with 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 detem~ne 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 b~pes of contacts and the specific reasons consent searches are requested or that lead to probable cause. Supera~isors will be held accountable to ensure that the infom~ation is included on all these cards. Update on Det)artment’s Acti’,~ities Improvin__. 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 systenq 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 schedule, d to attend. Dispatchers have once again be=man 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 detenzaine why a citizen believes the person to be suspicious. After officers investigate the alleged suspicious person, contact is made with the reporting part?, to advise them about the results, especially when it is a person of color who may reside in the neighborhood or happen to be taking a walk through the neighborhood. Police Department command staff continues to meet reg-ularly with the Human Relations Commission (HRC). The emphasis of discussion is police/race relations and the demo~aphic data collection analysis. Members of the HRC have served on the last two police promotional interview panels. The quarterly diversity ~oup meeting initiated by staff last year includes line-level officers, conm~and staff and members of the minority corrmaunity continue. The fourth meeting is scheduled for May, 19, 2004. Staff is close to implementing a telephone hotline, which ori~nated from the diversity ~oup. Staff expects to be~n the use of this hottine 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 anonym~ous 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 have been treated differently or unfairly. Staff will provide a smnmary 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 ettmic bias. Staff began work on another idea that came from a member of the diversity gTOUp, 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 ~oups of minority con~anunib, members in order to din~inish stereobges and increase personal interactions. Staff will continue to conduct the Police Department’s Citizen’s Academy for members of the co~m-nunity. The interest level has been so ~eat for this pro~am that staff is non, conducting two academies a year. Two HRC members are academy ~aduates 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 eveu patrol vehicle. Based upon the experience of other agencies that have akeady 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 demo~aphic data and arrest reports. POLICY IMPLICATIONS This policy is consistent with existing Cib~ policies. ATTACHMENTS Attacl~ment A: Arcacl~nent B: Attachment C: Attachment D: 2(ttachment E: AttacNnent F: PtLEPARED BY: FY 2003-04 2nd and 3~d Quarters Combined FY 2003-04 1st, 2nd and 3~d Quarters Contact Companions 2000 Census Data by Count?, Search Sun-haW for Four Years Search Sunamaw: FY 2003-04 2~ and 3rd Qua~ers n.~rE JO~SOS Police Chief CMR:231:04 Page 7 of 8 CITY MA_NAGER _~PROVAL: EMILY HARRISON Assistant Cib~ Manager CMR:231:04 Page 8 of 8 ATTACItMENT B Palo Alto Police Department Data Collection S Totals 8927 1708 263 Ethnicity Ge.der Total Reported Conta~r.~ Total Adult Arrests Total Juvenile Arrests 5141Total Adult Cites 1.68Total Juvenile Cites Total Reported Other (Adult)*1538 total Reported Other (Juvenile)*109 Contacts as a Result of Dispatched Calls 1211 Contacts as a Result of Sell initiated 7716Activity Total Reported Searches :1.537 Total Person Searches 1330 Total Vehicle Searches 207 7350 Asian African Am Ilispanic Other White Female 1055t ll.B°/o’[1034i 11.6%f 1247t 14.0% I 1010 11.3°/oi 4581t 51.3°/0 31651 35.5°/o !~’~475i 27.8%1051 6.1%~376~22.0%1 304’,17.B%~!38~8.1%;785~46.0% 15i 5,7%48’18.3%~2Si 9.5%:15~5.7%:160 60,8%95 36.1% 755:14.7%:315’6.1%:~650j 12.6%6!7i 12.0%2804:54.5%2004.39.0% 24;14.3%,9.5,4%~13:7.7%~13~7.7%i 109 64,9%49~29.2% 149 9.7%270;17.6%;237,15.4%~2061 13.4%~676:,44.0%513 33.4% .......~ ......~i ......... 7’,6A%16:14.7%~18’,16.5%i 21~ 19,3%~47~43.t%29 26.6%1 ~ 20.8%~186;!5.4%~99i 8.2%i 576~47.6%’397:32.8%981 8.!%’252~"~~ ........¯r .’.;’i -~ .....’," " 957~12.4%782~10.1%{1061~ ’13.8%]911]11.8%’,4005~51.9%2768~i 35,9% :’’1011 7.6%88i 6.6%:295’~22.2%1 221~16.6%625~47.0%314,23.6% 11:5.3%[38~18.4%~81 39.1%~..11 5.3%] ,66~i ..........31.9%89 , .......43.0% 956~13.0%701~9.5%~9451 12.9%~858 11.7%~3890~ 52.9%2747i 37.4% Male 5762!64.5~/o 1233i 72.2% 168!63.9% 3137!61.0% 119}70.8% 1025i 66.6% 80i 73.4% 8041 66.4% 49321 63.9% 11341 73,8% 1016i 76.4% _. 1181.., 5~:8% 4603i 62.6"1o Total No Search , ...........,’ " ~ .......i ......i .......~ .................: ’ ’ Searches as a Result of Dispatched Calls 745 49i 6 6%161!21.6%’120 16.1%52 7.0%363i 48.7%249~33.4%496!66.6% 8 arches sa es, ito Se’f’n’t’ated "6.3%172 21.7°,.1821 ooIActiviW Search..................................................................................................................................................................................Person Incident to krre~434 3g 9.0%80 1~.4°/0 721 ~6.6%,33/ 7.6% 2~0 . ..........." .....................] ...................3 .....................I ...............L . j ............................t ,5earth Person / Ve ~ c e to Arrest " 173 4 3,3%1 22 17,9%26 Search Vel~tcle to Arrest 42 41 9.5%!71 16.7%lg 45.2%2 4.8%!10! 23.8%81 1g,0% ......3~I .......8{;0°1< *Other Includes Field Interviews, Consensual Contacts, and Warnings on Traffic Violations. Printed 04/12/2004 ATTACI~IENT C - CONTACT COMPARISONS TOTA.L CONTACTS 00-01x 9,845 01-02xx 9,398 02-03 1~ 949 03-04xxx 8,927 04/07/04 ASL4N 1,052 (!0.7% 948 (!0.!%) 1,475 (11%) 1,055 (11.8%) .a~FRI .4_MERI C A_N 1,174 (11.9%) 1.153 (!2.3%) 1,557 (11.6%) 1,034 (1!.6%) I-II S P ANI C 1,633 (!6.5%) !,648 (17.5%) 1,998 (15.1%) 1,247 (14%) OTHER 857 (8.7%) 962 (10.2%) 1,462 1,0t0 (11.3%3 WHI’I’E 5,129 (52.!%) 4,687 (49.9%) , 6.750! 4,581 1 (51.3%) X = 3ra & 4~ Quaners Only )LX = 1s: & 2nd Quarters Only, .XDLX = 1s~.. 2nd & 3rd Quaners Only. ATTACI-IMENT D - 2000 CENSUS DATA BY COUNTY ASL4_N AFPdCAN-t-II SP A_Nq C ~¥HI’I’E AI’~IERI CA.N ALAMEDA 20.4%i:14.9%19%48.8% SAN f 30.8%7.8%14.1%43.65; FRA~NCISCO SAN MATEO 1 20%~.~ Yo 2! .9%49.8% SA_NTA CLARA ]25.6%2.8%24%44.25; AYe: RAGE PA_LO ALTO t 11.8%11.6°/;14%51.3°/; ENFORCEMENT CONTACTS FY 03-04 04/,07/04 Quarters Only Quarters Only’ & 3rd Quarters Only. TOT_&L ASL&_N AFRICA_N- HISP.4_NIC OTHER .~IERICA_N 00-01x 1,184 52 264 330 58 480 I (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 (_.~/o)(25.6%)(19.6%)(7.6%)(41.9%) 03-04xxx 1,~ /99 _,~_,302 112 691 (6.4%)(21.7%)(19.6%)(7.3%)(45%) 04/07/04 Quarters Only Quarters Only & 3~ Quarters Only ATTACHMENT F Palo Alto Police Department Search Summary Total Searches People and Vehicles Searches incident to arrest Totals 849 Ethnicity Asian i African Am Hispanic 69 (6.6%) 225 (21.5%)204(19.5% ) 61 175 135 Other White 81(7.7°/o) 468 (44.7°/o) 76 401 0 6181 p.~[~l~/_’~.[E~!!?_n....s..e_a.[r.~ l_~_a_~!~g_ t_o_.ar_r~_=~ ............................................................ ....................... _ ...................... ............................................... Consent Searches leadine to arrest lO 1 1 1 0 7 Probable Cause searches leading to arre~0 0 0 0 0 0 Searches not associated with an arrest 172 (:16.4°/o)6 (8.6°/o)41(18.2°/o)66 (32%) 5 (6.$7%)54 (11.5°/o) 56 72 28 16 Oi 25 8!3 20 ..... --~ ...................q ............-~ ...............~ .........7~Parole/Probation searches NOT leading to arrest ~Vehide impound searches iConsent Searches not leading to arrest iProbable Cause searches not leading to arre~ Printed 04/07/2004 N EQUIPMENT VIOLATIONSATTACHSIE. T D - Equipment Violations Equipment Altered License Plates I Amplified ,Noise i Bicycle Light! Brake Light i Brake Light Brake Light Tow Trucks t Child Passenger I Child Passenc]er Seat j Color of Lamps! Defective Windshield I Display of License Plate} Equipment Modification I Expired Registration t Exhaust Systems I Fender Lamp l Foreign Registration 1 Headlamps 1 License Plate Lamp! License Plates I Lighting Equipment i Mirrors! Muffler Required No Covering on Plates Polluting ..... P@lution Control Position of License Plate Registration Tabs Safety Helmet Motor Seat Belt Violation Tail Lamp Color l Tail Lamp Violation Thread Depth! Tinted Windows Turn Signal j ...... Vision Obstruction Wearing Earphones i Totals t Asian I 3 1 1 1 4 4 4 2 5 1 3 1 1 t White }Totals t I I 22 t 34 I 42 t 70 I 1 1 2 1 16 j 28 I 7 t 16 I 44 I s2 1 4 I 4 I 1 40 168 { 296 I African-American I Hispanic I i I 13 l 101I I I 1 I 3 1 10 1 !3 I I 1 36 I 52 ATTACHMENT E Palo Alto Police Department Search Summary Total Searches People and Vehicles Searches incident to arrest Totals 451 367(81.3%) Asian Ethnicity African Am [Hispanic Other White 23 (5,0%) 99(21.9% )98(21.7) 35(7.7% ) 196(43.4% ) 20 81 59 33 !74 Parole/Probation searches leading to arrest 4 0 0 0 0 4 Consent Searches leading to arrest 5 1 2 1 0 1 Probable Cause searches leading to arrest 0 0 0 0 0 0 Searches not associated with an arrest 75(16.6O/o)2(8.6%)16(16.1%)38(38.7%)2(5.7%)17(8.6%) Parole/Probation searches NOT leading to arrest 19 0 7 2 0 10 Vehicle impound searches 44 Consent Searches not leading to arrest [10 i Reasonable cause!officer safety/plain view of possible! [contraband i 2 ol 2i ot oi Printed 10/22/2004 ATTACHMENT F SEARCH SUMMARY FOR FOUR ’kq~ARS TOT:432 ASI:4~N AFRICA_N- HISPPcNIC OTHER WHITE .&~IERIC.AN 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%)(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%) 03-04xxxx 441 31 96 96 31 187 (7%)(21.7%)(21.7%)(7%)(42%) 04-05x£xxx 451 23 99 98 35 196 (5%)(21.9%)(21.7%)(7.7%)(43.4%) 11/03/04 X = 3r’~ & 4th Quarte~;s Only, XX = 1~t & 2na Quarters Only XXX = 1st, 2nd & 3rd Quarters Only XXXX= 4a’ Quarter only REVISED Palo Alto Police Department uarterb Data :ion Sum Ethnicity Totals Asian African Am Hispanic Total Reported Contacts 2,715 323 11.9%328 12.1%421 15.5% Total Adult Arrests 453 29 6.4%100 22.1%94 20.8% Total Juvenile Arrests 75 11 14.7%12 16.0%14 18.7% Total Adult Cites 1528 213 13.9%110 7.2%197 12.9% Total Juvenile Cites 47 6 12.8%0 0.0%7 14.9% Total Reported Other (Adult)*562 60 10.7%93 16,5%100 17.8% -Total Reported Other (Juvenile)*50 4 8.0%13 26.0%9 18.0% Contacts as a Result of Dispatched Calls 410 37 9.0%78 19,0%77 18.8% Contacts as a Result of Self Initiated Activity Total Reported Searches 441 31 7.0%96 21.8% Total Person Searches 391 28 7.2%89 22.8%7,t 18,9% Total Vehicle Searches 50 3 6.0%7 14.0%22 44.0% Total No Search 2274 292 12.8%232 10.2%325 14.3% Searches as a Result of Dispatched Calls 248 24 9,7%49 19,8%48 19,4% Searches as a Result of Self Initiated Activity 193 7 3.6%47 24.4%48 24.9% Search Person Incident to Arrest 238 23 9.7%45 18.9%43 18.1% Search Person / Vehicle to Arrest 34 2 5.9%4 11.8%7 20,6% Search Vehicle to Arrest 19 !5,3%3 15,8%7 36.8% Search / No Search Percentage by Search No Search Search No Search Search No Search Ethnicit~ / Gender 9.6%90.4%29.3%70,7%22.8%77,2% Gender Other White Female 277 10.2°/o 1366 50.3%943 34.7O/o 30 6.6%;200 44.2%113 24.9% 9 12.0%29 38,7%33 44.0% 173 11.3%835 54.6%598 39,1% 3 6.4%31 66,0%18 38.3% 60 10.7%249 44,3%174 31.0% 2 4.0%22 44,0%7 14.0% 41 10.0%177 43,2%137 33.4% 2305 286 12.4%250 10.8%344 14.9%236 10,2%1189 51,6%805:34.9% 96 21.8°/o 31 7.0%187 42.4%102 23.1% 25 6.4%175 44,8%92:23.5% 6 12.0%12 24.0%10 20.0% 246 10.8%1179 51.8%8’tl 37.0% 19 7,7%108 43,5%73 29.4% 12 6.2%79 40,9%29 15,0% 13i Search 11,2% 5,5%114 47.9%58 24.4% 0.0%21 61.8%4 11.8% 5.3%7 36.8%5 26’.3% No Search Search No Search Search No Search 88.8%13.7%86,3%10,8%89,2% *Other includes Field Interviews, Consensual Contacts, and Warnings on Traffic Violations. Printed 11/2/2004 Percentages are calculated based on Grand Totals for Ethnicities or Genders except where indicated otherwise. Male 1772 65.3°/o 340 75.1% 42 56,0% 930 60.9% 29 61.7% 388 69.0% 43 86.0% 273 66.6% 1500 65.1% 339 76.9°/o 299 76.5% 40 80.0% 1433 63.0°/c 175 70.6% 164 85.0% 180 75.6% 30 88.2% 14 73.7% Searclt No Search 19.1%80.9% ATTAC~IENT H PALO ALTO POLICE DEPARTMENT Memorandum November 16, 2004 TO:Frank Benest FROM:Lynne Johnson SUBJECT: Recommendation to Change Demographic Data Collection Process As you know, we have been collecting demographic data since July 1,2000. We are the only agency that I am aware of that collects the data on traffic and pedestrian stops, passengers in vehicles we stop, arrestees, etc. As we have. spent countless hours since then analyzing the data, we have been very forthright in saying that the numbers are guesstimates only. Officers do not ask the race of individuals they stop and if the individuals do not have any identification or refuse to provide identification, the officers do not know for sure what ethnicity some people represent. That data also is inaccurate in that an officer may stop and cite a person one month, the person may fail to take care of the citation that results in an arrest warrant being issued, and the officer then may arrest the individual for the warrant a month or two later. This obviously skews the numbers. Additionally, while officers have been instructed to complete data collection cards for incidents when other documentation does not occur, it is not uncommon for officers to be sent from call to call without having time to capture the information. Because of the importance of the problem we’re trying to resolve, it does not make sense to me to collect so much data that it results in inaccurate data and subsequently problematic analysis. ! have been doing considerable research into the issue of biased policing and racial profiling. Almost every agency that collects data does so on all drivers of vehicles that officers stop. They record the gender, race, age, residency of the driver, the date, time, location, reason, and the disposition of the stop, and if a search was conducted, the reason and outcome of the search. This is the data that I recommend we begin capturing on January 1, 2005. Demographic Data Collection November 15, 2004 Page Two I believe not only will this data be more accurate, but we will be .able to develop both internal and external benchmarks. For example, we would be able to benchmark the data with other local agencies. We have been attempting to develop a program that allows the officers to enter the information into the system from the computers in their cars. Currently, with so much data collected, we have been unable to do so. By collecting only the data listed above, this program should be available for us by the end of the year. Officers would not be able to clear a stop on their computer without entering the information. This would result in less time now spent manually tabulating the various types of data. 1 have attached excerpts from several articles and research projects conducted on racial profiling that indicate how prevalent this type of data is collected. In fact, the Police Executive Research Forum’s recently published "A guide for Analyzing Race Data from Vehicle Stops" that was funded by the U.S. Department of Justice’s Office of Community Oriented Policing Services. As we have discussed, I will start laying the foundation for the change in the demographic data collection staff report that will go to the City Council on November 22.