Table of Contents EXECUTIVE SUMMARY Background Identifying a Baseline for Comparison... 13

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2 Table of Contents EXECUTIVE SUMMARY... 2 Background... 8 Identifying a Baseline for Comparison Vehicle Availability in Plano as a Baseline Licensed Drivers in Plano as a Baseline Historical Motor Vehicle Stop Contacts as a Baseline Crash Data as a Baseline Analysis Motor Vehicle Stop Contacts Motor Vehicle Contacts Race/Ethnicity Ratio Comparisons Citations Citations Race/Ethnicity Ratio Comparisons Warning Tickets Motor Vehicle Stops with Warning Tickets Race/Ethnicity Ratio Comparisons Motor Vehicle Stops with Arrests Motor Vehicle Stops with Arrests Race/Ethnicity Ratio Comparisons Searches Analytical Summary of Compounding Variables Determining an Individual s Race or Ethnicity Other Variables Influencing Data Collection and Analysis Racial Profiling Complaints Community Involvement Officer Recruitment and Education Public Education Final Statement

3 EXECUTIVE SUMMARY For the 15 th year, the Plano Police Department has complied with Article of the Texas Code of Criminal Procedure (CCP), Law Enforcement Policy on Racial Profiling. 1 Although only required to report Tier 1 data, the Department has once again exceeded its reporting requirements. In an effort to be responsive to the Plano City Council and the community, this report contains motor vehicle stop data for the calendar year 2016 as well as an in depth analysis, including data on racial profiling and bias based policing action allegations against police officers. Initially, Tier 1 data collection and reporting required officers to collect the race or ethnicity of the individual detained during a traffic stop in which an officer issued a citation or made an arrest. If a search was conducted, officers were also required to document the search and if it was consensual. In 2009, the 81 st Texas Legislature approved Texas House Bill 3389 that amended the Texas Code of Criminal Procedures Article 2.132, Law Enforcement Policy on Racial Profiling. The amendments to the article changed the information collection requirement from traffic stops to all motor vehicle stops. The Bill defined a motor vehicle stop as an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. The amendment added Middle Eastern descent to the meaning of race or ethnicity. The statute defines race or ethnicity as, of a particular descent, including Caucasian, African, Hispanic, Asian, Native, or Middle Eastern descent. The amendment also required peace officers to report whether they knew the race or ethnicity of the individual detained before detaining that person. Finally, the Bill required the chief administrator of the agency to submit an annual report on the information collected under Texas Code of Criminal Procedures Article (b) (6) to the Texas Commission on Law Enforcement (TCOLE). An important point to consider when reviewing the report to the Commission is the report only requires reporting of raw data. Reporting of raw data does not account for the 1 The racial profiling reporting requirements were created by the passage of Senate Bill 1074 during the 77 th Session of the Texas Legislature, effective September 1,

4 numerous variables that impact why a motor vehicle stop happened or a specific enforcement action taken. Some of these variables do not allow police officers discretion to come into play since either law, Police Department policy, or other factors dictate their actions. A significant issue that affects a comparison of the data is the required reportable data reflects only those motor vehicle stops that resulted in a citation issuance or an arrest. Plano Police Officers have discretion to issue written warnings, and this data is included in this report; however, drivers stopped but not issued a citation, written warning, or arrested are not included in the contact data. As a result, the data used in this analysis is only a subset of the overall motor vehicle stops made. The Tier 1 motor vehicle stop contact data in this year s report indicates there were 51,270 motor vehicle stop contacts in To assist in determining whether bias was a factor in actions taken by police officers on motor vehicle stops requires comparison of a particular racial group selected for police contact against a relevant baseline population of the same racial group. A relevant population would be that population that actually drives on roadways in Plano. Establishing a baseline of actual drivers in Plano is difficult due to society being very mobile and transient. For example, in 2016, percent of the recorded motor vehicle stop contacts were non Plano residents. There is no comparative baseline for this population of non residents. A study conducted by the University of Kentucky reported that traffic crash databases could potentially provide accurate exposure data as to who is driving on the roadways since the persons were on the roadway when the crash occurred. A comparison of the 2016 Tier 1 motor vehicle stop contact percentage to the 2016 Plano crash percentage for each of the race/ethnicities found the contact percentage for African s was 0.16 of percentage point higher than the African crash percentage. The contact percentage for the Asian population was 7.19 percentage points lower than the race s crash percentage. The contact percentage for Caucasians was 0.06 of point lower than the race s crash percentages. The contact percentage for Hispanics was 3.31 points higher than the Hispanic s crash percentage. The contact percentage for the Native s was 0.06 of a percentage point higher than the group s crash percentage. As with any other database, using crash data as a comparative baseline is not without its concerns. A concern is 3

5 that the current crash reporting process does not allow for the collection of the Middle Eastern race/ethnicity group data, so we are unable to compare motor vehicle stop contact percentages to the crash percentages for this group. In previous years, the crash reporting process did not allow for the capture of race/ethnicity data for Asians, or Native s. Because of the inconsistencies in capture race/ethnicity data from crashes, there cannot be a meaningful analysis or comparison. The Department does not have control over the data elements used in motor vehicle crash reporting. This decision is the responsibility of the State. In addition to the United States Census Bureau s Community Survey 5 year Estimates, , for race/ethnicity population for the City of Plano, this report contains several other race/ethnicity population baselines for one to compare the data. Unfortunately, no baseline can accurately determine the number of persons of a particular race/ethnicity driving on a jurisdiction s roadways during specific periods. In 2010, officers began reporting whether they knew the race/ethnicity of the individual detained as the result of a motor vehicle stop before the detention occurred. In 2016, officers reported that they knew the race/ethnicity of the individual detained prior to that person s detention in only 2.13 percent of the motor vehicle stops. The African race/ethnicity group had the highest percentage of pre detention race/ethnicity known reporting with 3.40 percent. Officers reported that pre detention they knew the person s race/ethnicity to be Hispanic 2.87 percent of the time, Caucasian 2.02 percent of the time, Native 2.21 percent of the time, Asian 1.16 percent of the time, and persons of Middle Eastern descent had the lowest pre detention race/ethnicity known to officers with only 0.83 percent. In 2016, the number of arrested persons of Hispanic descent was higher than any other race/ethnicity group. Hispanics were arrested 8.01 percent of the time, which is an increase from 7.55 percent in African s were arrested 7.69 percent of the time, an increase from 6.42 percent in 2015, and Caucasians were arrested 2.76 percent of the time, an increase over 2.39 percent in Lastly, there were no Native s in arrested in 2016 and persons of Asian descent were arrested in 1.26 percent of motor vehicle contact arrests in

6 There are key issues to consider when reviewing arrest data. When a police officer contacts an individual during a motor vehicle stop and discovers there is a confirmed arrest warrant for the person, the law requires the officer to arrest the person and does not allow the officer discretion in the matter. Tier 1 arrest data requires law enforcement agencies to report all arrests from motor vehicle stops, but does not allow a distinction for mandatory arrests. Warrant arrests can be a significant percentage of the total arrests. In 2016, percent of the arrests resulting from motor vehicle stop contacts were for an outstanding warrant. Warrant arrests from motor vehicle stops declined 8.75 percent from Persons of African descent accounted for percent of warrant arrests, while person of Caucasian descent accounted for percent. Persons of Hispanic descent accounted for 9.58 percent of the warrant arrests. Asians accounted for 0.52 percent of warrant arrests, while individuals of Middle Eastern descent accounted for 0 percent of warrant arrest. In 2016, there were no Native warrant arrestees. Drivers contacted on motor vehicle stops who do not have a driver license, or who present a fraudulent or fake driver license, or fail to identify themselves also have a major influence on arrest rates. To issue a citation for a violation of law or ordinance requires the officer to identify the violator to ensure he or she is not a wanted person and to reduce the possibility of an arrest warrant issued later for the wrong person. A violator, who an officer cannot identify at the scene of a motor vehicle stop, is arrested so his or her fingerprints can be compared against a statewide fingerprint database to verify their identity. As in previous years, Officers arrested persons of Hispanic descent for no driver license, fraudulent driver license, and failure to identify violations at a significantly higher rate than other racial/ethnicity groups. According to 2016 s arrests data, persons of Hispanic descent accounted for percent of the arrests for these offenses compared to percent for African s, percent for Caucasians, and less than 1 percent for persons of Asian descent and person of Middle Eastern descent. There were no Native s arrested for the violations. The racial profiling statute requires agencies to collect information on the total number of searches, including the number of searches based on consent. The number of persons arrested during motor vehicle stops is a key variable influencing the number of searches. A 5

7 search incident to an arrest is non discretionary because the law permits, and Plano Police Department policy requires, officers to conduct a search of arrested persons. In limited instances, the front compartment of their vehicle may be search for weapons, contraband, and evidence. Non discretionary searches were percent of the 3,214 searches conducted during motor vehicle stops. Persons of Caucasian descent, Hispanic descent and African s had a higher percentage of consent searches than any other race/ethnicity group. The percentage of non discretionary searches of persons of African s was 9.18 percent, while searches of persons of Hispanic descent was 8.56 percent, and the percentage of searches of Caucasians was 3.17 percent. Non discretionary search of persons of Middle Eastern descent was 1.98 percent while persons Asian descent experienced nondiscretionary searches 1.47 percent of the time, while the percentages of consent searches. Consent searches accounted for percent of all searches. Persons of Caucasian descent, Hispanic descent, and African s had a higher percentage of consent searches than any other race/ethnicity group. The percentage of consent searches for persons of Hispanic descent was 2.82 while consent searches of African s was 2.51 percent. Persons of Caucasian descent experienced consent searches was 1.24 percent of the time, while the percentages of consent searches for Asians and persons of Middle Eastern descent were less than 1 percent each. A good indicator of whether a police agency is engaged in racial profiling is discovered in the totality and investigative outcome of racial profiling allegations. During 2016, the Plano Police Department received ten complaints of racial profiling or bias based policing. Four of the complaints were originated from motor vehicle stops and six were non motor vehicle stops. In four complaints filed, the complainants were of African descent and the officers were Caucasia. In all four instances, the Department s Professional Standards Unit conducted a thorough investigation and found no evidence to prove or disprove the officers racially profiled or took bias based police action against the complainants. Each complaint was closed as Not Sustained. Six of the complaints were closed as a Citizen Issues. A Citizen Issue results from instances when citizens contact the Department and allege wrongdoing on the part of an employee, but never file a sworn affidavit/compliant as required by statute for 6

8 allegation to be investigated. The Department s policy is to document the allegation as a Citizen Issue. 2 The Department recognizes that many variables both known and unknown influence the raw data and tend to distort conclusions reached without considering the variables. The Department is committed to in depth analysis of the data to understand the variables that affect the disparities among the race/ethnicity groups. The Department is dedicated to guard against racial profiling and bias based policing amongst its officers. The Department accomplishes this through a policy prohibiting racial profiling and bias based policing, by ongoing training related to cultural diversity, racial profiling and bias based policing prohibition, through random review of video and audio recordings of motor vehicle stops, and by thoroughly investigating complaints of racial profiling and bias based police action as allowed by law. If racial profiling or bias based policing is identified, the Department will immediately take corrective action. The Department is committed to continuing a dialogue within the Department and the community about the issues of race, racial profiling, and biased based policing, and we welcome inquiries regarding this report along with constructive and scholarly discussion. 2 Source: Plano Police Department Professional Standards Unit. 7

9 PLANO POLICE DEPARTMENT RACIAL PROFILING REPORT 2016 Background On September 1, 2001, Texas Senate Bill as Article of the Texas Code of Criminal Procedure (CCP), Law Enforcement Policy on Racial Profiling established requirements that law enforcement agencies throughout Texas adopt a written policy on racial profiling. The law required the policy address seven areas to include: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency s complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency s policy; (6) require the collection of information relating to traffic stops in which a citation was issued, and to arrests resulting from those traffic stops, including information relating to the race or ethnicity of the individual detained; and whether a search was conducted, and if so, whether the person who was detained had consented to the search; and (7) require the agency to submit to the governing body of each county or municipality served by the agency an annual report of the information collected. 4 In 2009, the 81 st Texas Legislature approved Texas House Bill 3389 that amended the Texas Code of Criminal Procedures Article 2.132, Law Enforcement Policy on Racial Profiling. The amendments to the article changed the information collection requirement from traffic stops to motor vehicle stops. House Bill 3839 defined a motor vehicle stop as an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. The Bill also added Middle Eastern descent to the meaning of race or ethnicity. The statute defined race or ethnicity as of a particular descent, including Caucasian, African, Hispanic, Asian, Native, or Middle Eastern descent. The amendment added the 3 The enactment of the Bill amended Texas law including the Code of Criminal Procedure, the Education Code, the Occupation Code, and the Transportation Code. 4 See Texas Code of Criminal Procedure Article for specific reporting requirements 8

10 requirement that peace officers report whether they knew the race or ethnicity of the individual detained before detaining that person. Finally, the Bill required the chief administrator of the agency to submit an annual report of the information collected under Texas Code of Criminal Procedures Article (b)(6) to the Texas Commission on Law Enforcement Officer Standards and Education, now known as the Texas Commission on Law Enforcement (TCOLE). The Plano Police Department first adopted its policy, Administrative Directive Professional Police Contacts, in compliance with Article of the Code of Criminal Procedure, in August In October 2009, the department amended the policy to comply with the Texas Code of Criminal Procedures Article Law Enforcement Policy Racial Profiling as amended by Texas House Bill 3389 in The policy was last amended in December 2011, to permit officers to issue verbal warnings to violators when appropriate. Racial profile data is not collected in these instances. The Department s Administrative Directive Professional Police Contacts is included in this report as Appendix B. Each Texas law enforcement agency falls into one of three reporting categories for information collection and reporting. First, law enforcement agencies that do not routinely make motor vehicle stops can be fully exempt from reporting requirements. Second, Tier 1 data collection is required under Article of the Code of Criminal Procedures and lastly, Tier 2 information collection and reporting is required under Article of the Code of Criminal Procedures and is more in depth as to the data required to be collected 5. Under Article of the Code of Criminal Procedure, agencies may report Tier 1 (simplified) data if those agencies meet certain criteria, primarily the installation of video cameras and transmitters in each agency law enforcement vehicle regularly used to make motor vehicle stops. The statutes also require that each motor vehicle stop made by officers that is capable of being recorded either by video and audio or audio equipment as appropriate, be recorded by using the equipment. The statute also requires the agency to retain all audio/video documentation for each stop for at least 90 days after the date of the motor vehicle stop. 5 See Texas Code of Criminal Procedure Article and for specific reporting requirements 9

11 The Plano Police Department installed mobile video digital recorders and transmitter equipment in all of its vehicles 6 regularly used to make motor vehicle stops. The Department has met all the mandates of Texas Code of Criminal Procedure Article 2.132, Law Enforcement Policy on Racial Profiling Article 2.135, Partial Exemption for Agencies Using Video and Audio Equipment, and has a process for reviewing video and audio documentation. Therefore, the Department is a Tier 1 reporting agency. Tier1 data is required from motor vehicle stops in which a citation was issued or an arrest resulted from the stop. The data is required collected: The number of motor vehicle stops in which a citation was issued and/or an arrest was made as a result of those stops; The race or ethnicity of the person detained; Whether a search was conducted and, if so, whether the person detained consented to the search; and Whether the peace officer knew the race or ethnicity of the person detained, before detaining that person. Each year, no later than March 1, the Department is required to report data collected during the previous year to the Plano City Council and the Texas Commission on Law Enforcement (TCOLE). For the 15 th year, the Plano Police Department has complied with the collection and reporting of data as required by the Texas Code of Criminal Procedures Article 2.132(b)(6)(A)(B) and Article 2.132(b)(7)(A)(B). The Department filed the report, using the state mandated electronic form, Racial Profile Report Tier One, on March 1, 2017 with TCOLE and by with the Plano City Council, thus fulfilling the Department s racial profile reporting requirements under the Texas Code of Criminal Procedures Article Although, only required to report Tier 1 data, the Department has chosen to exceed the reporting requirements in an effort to be responsive to the Plano City Council and the community. This report is a comprehensive analysis of the 2016 racial profile data collected 6 With the exception of enforcement motorcycles, which now have personal video recording devices that the officers wear. Tier 1 reporting guidelines allow motorcycles to be equipped with only audio equipment. The Department is considering body cameras for all officer. 10

12 during motor vehicle stops and includes a summary of complaints file against Plano Police Officers where bias based police actions or racial profiling was alleged. Enforcement Actions Resulting from Motor Vehicle Stops The following tables, 2016 Enforcement Actions Resulting from Motor Vehicle Stops, 2016 Searches Resulting from Motor Vehicle Stops, and 2016 Race or Ethnicity Known Prior to a Motor Vehicle Stop, are a summarization of the data the Department is required by statute to collect from motor vehicle stops and report to TCOLE and the Plano City Council. Table Enforcement Action Resulting from Motor Vehicle Stops Race or Ethnicity Recorded Contacts Citations Warnings Total Arrests N Percent of Contacts N Percent of Race N Percent of Race N Percent of Race Arrest & Citation Issued Percent of N Race African 7, % 4, % 2, % % % Asian 4, % 2, % 1, % % % Caucasian 29, % 18, % 10, % % % Hispanic 8, % 6, % 1, % % % Middle Eastern 1, % 1, % % % % Native % % % % % Totals 51,270 33,838 15,313 2, Table 2: 2016 Searches Resulting from Motor Vehicle Stops Race or Ethnicity Recorded Contacts N Percent of Contacts N No Search Percent of Race 11 Non Consent Searches Percent N of Race Consent Searches N Percent of Race Total Searches N Percent of Race African 7, % 6, % % % % Asian 4, % 4, % % % % Caucasian 29, % 28, % % % 1, % Hispanic 8, % 7, % % % % Middle Eastern 1, % 1, % % % % Native % % % % % Totals 51,720 48,056 2, ,214

13 Table 3: 2016 Race/Ethnicity Known Prior to Motor Vehicle Stop Contact Race or Ethnicity Recorded Contacts N Percent of Contacts Race or Ethnicity Known N Percent of Race Race or Ethnicity Not Known N Percent of Race African 7, % % 6, % Asian 4, % % 4, % Caucasian 29, % % 29, % Hispanic 8, % % 8, % Middle Eastern 1, % % % Native % % % Total 51,270 1, ,

14 Identifying a Baseline for Comparison Analyzing collected contact and racial data in an attempt to identify trends or forming conclusions as to the prevalence of racial profiling by officers, if any, is hampered by the lack of valid comparative data. A comparison of Plano s population to the Department s cumulative motor vehicle stops data does not take into consideration the significant number of motorists outside the Plano population base who are subject to motor vehicle stops on the roadways of Plano. It is a simple task to identify the racial demographics of a given state, county, or city. The difficulty for this report lies in determining the actual demographics of the driving population within Plano. None of the available comparative data, or population baselines, defines who actually drives on Plano s roadways. Plano is a large metro city that attracts people from around the state, region, and nation. Plano is home to two regional malls 7. Five regional hospitals 8 are located within Plano, each serving people from surrounding counties and states. Plano operates a labor center that attracts a high rate of minorities, over half of whom reside outside Plano. 9 Additionally, Plano is home to a sizeable community college campus, a satellite campus for Southern Methodist University, a large technology corridor, and headquarters for several major corporations or their subsidiaries, including Frito Lay, J.C. Penney, HP Enterprise Services, Capital One Finance, Rent A Center, Ericsson, Dr. Pepper Snapple Group, Cinemark and Dell Perot Systems. Recently announced corporate and regional headquarter relocations to Plano included Toyota Motor Engineer and Manufacturing North, Inc., Liberty Mutual Insurance, JP Morgan Chase and Fannie Mae. It is estimated that Legacy West a 240 plus acre mixed use development at State Highway 121 (Sam Rayburn Tollway) and Dallas North Tollway will have a daily population of 20,000 to 25,000 employees, visitors, diner, shoppers and residents. Several highways pass through the city limits and carry a significant number of non Plano resident motorists through Plano. U.S. Highway 75 is a major route that carries motorists 7 Collin Creek Mall and Shops at Willow Bend. 8 Texas Health Presbyterian Hospital Plano, Medical Center of Plano, Baylor Scott & White Medical Center Plano, Heart Hospital Baylor Plano and Children s Medical Center Plano. 9 According to statistics received from the Plano Day Labor Center, approximately 52% of their clients are non Plano residents. 13

15 from north Texas and Oklahoma into the area. State Highway 121 (Sam Rayburn Tollway) carries a significant amount of the east/west traffic daily. The Tollway defines much of the northern boundary of Plano and carries drivers from north Texas and southern Oklahoma to Fort Worth and DFW International Airport. State Highway 190 (President George Bush Turnpike) anchors Plano s southern border, and carries traffic from the east and west portions of the metro area. Additionally, a large portion of the Dallas North Tollway passes through Plano and carries transient motorists throughout the metropolitan area and region. In 2016, non Plano residents were percent of motor vehicle stop contacts. Since motor vehicle stops by Plano Police Officers most often involve drivers that reside in other cities, counties, or in other states, it is not a valid methodology to determine whether the Department is engaging in racial profiling or bias based policing during motor vehicle stops based solely on comparing motor vehicle stop contact data for a particular race to that race s demographic data in Plano. See Table 4 on page 16. In this table, each race/ethnicity group s population data is compared to the City of Plano 10, Collin County, Dallas Fort Worth Arlington Metropolitan Statistical Area, 11 a six county region consisting of Rockwall County, Hunt County, Grayson County, Fannin County, Denton County, and Dallas County, 12 and the State of Texas 13. In addition, in the table is Vehicle Availability in Plano 14, Texas licensed drivers residing in zip codes that are within the city of Plano 15, and the 2016 motor vehicle crash population of Plano 16 Table 4: Race/Ethnicity Profile Data Race or Ethnicity Plano, Texas Collin County, Texas Dallas Fort Worth Arlington MSA State of Texas 6 County Region Adjacent to Plano Vehicle Availability in Plano, Texas 2016 Motor Vehicle Crash Population for Plano Plano Texas Driver License Holders African 7.30% 8.70% 14.70% 11.60% 17.62% 6.78% 13.82% 8.52% 10 Source: U.S. Census Bureau Community Survey Year Estimates 11 Source: U.S. Census Bureau Community Survey Year Estimates 12 Source: U.S. Census Bureau Community Survey Year Estimates 13 Source: U.S. Census Bureau Community Survey Year Estimates 14 Source: U.S. Census Bureau Community Survey Data that is more recent is not available. 15 Source: Texas Department of Public Safety, Source: Plano Police Department s Record Management System. This data considers the race of drivers at not fault in the crash. The database does not capture race/ethnicity information for persons of Middle Eastern descents. 14

16 Asian 18.10% 11.90% 5.60% 4.00% 5.32% 14.20% 15.41% 21.92% Caucasian 56.90% 61.40% 49.40% 44.20% 42.37% 68.72% 57.74% 63.58% Hispanic 14.70% 14.90% 27.80% 38.20% 32.34% 8.62% 12.85% 3.65% Middle Eastern Data Not Available Indian 0.30% 0.30% 0.30% 0.30% 0.26% Other 2.70% 2.80% 2.20% 1.70% 2.09% Data Not Available Data Not Available 0.15% 0.39% 0.03% 1.94% Mindful of various shortfalls in comparing the Department s motor vehicle stop contact data with known census demographic baselines, the Department considered other baselines. These include vehicle availability in Plano; Texas Department of Public Safety licensed drivers residing in zip codes that include Plano; historical motor vehicle stop contact data; and a baseline utilizing crash data comprised of information taken from reports generated as the result of motor vehicle crashes in Plano. Vehicle Availability in Plano as a Baseline In 2002, several concerned external groups recommended using census data collected on vehicle availability to calculate a statistical baseline. 17 Vehicle availability data consists of a household that has one or more vehicles available to the residents. This data does not identify who is actually driving on the roads. Using vehicle availability data is illogical because it compares individual based motor vehicle stops to households that may have multiple residents who are drivers and/or several vehicles. Further, vehicle availability data does not identify those individuals who are licensed drivers, and therefore, more likely to be stopped for a traffic violation. Additionally, the act of driving a vehicle on the roadway is not evidence that a vehicle is available at a given household. The Police Executive Research Forum (PERF) suggests that using this type of comparative baseline would potentially draw unsupported conclusions. 18 PERF recommends against comparing collected traffic contact data to the Census Bureau s demographic profile of 17 See article entitled Fair Roads Standards on the ACLU Texas website: This article is no longer available on the website. In 2002, the ACLU of Texas sent a letter addressed to police chiefs and sheriffs throughout Texas expressing their recommendations that vehicle availability data be used as a baseline. The letter, signed by Will Harrell of ACLU/Texas, states that it is written on behalf of ACLU, NAACP, LULAC, and TCJRC (Texas Criminal Justice Reform Coalition). 18 Executive Summary, By the Numbers: A Guide for Analyzing Race Data From Vehicle Stops; Police Executive Research Forum;

17 residents. Another issue that precludes the use of vehicle availability data is that vehicle availability data is not collected for persons of the Middle Eastern, Indian/Alaskan Native descents. Additionally, the most current vehicle availability data is eleven years old. Licensed Drivers in Plano as a Baseline While driver license information from the Texas Department of Public Safety (DPS) potentially provides a more informative comparison than vehicle availability data, the Department does not classify race/ethnicity using the descriptors found in Article 2.132(a)(3) of the Texas Code of Criminal Procedure (CCP), Law Enforcement Policy on Racial Profiling. The Department of Public Safety uses the following descriptors for race/ethnicity, Indian/Alaskan Native, Asian/Pacific Islander, Black, Hispanic, White, and Other. The Middle Eastern descent is not a race/ethnicity descriptor authorized by DPS for driver license purposes. The Department of Public Safety disperses this population throughout the other race categories. Persons of Middle Eastern descent as well as all other persons applying for a driver license must choose whether he or she fits most appropriately into the Indian/Alaskan Native, Asian/Pacific Islander, Black, Hispanic, White, or Other race/ethnicity categories. The Department of Public Safety had previously not collected the Hispanic race/ethnicity category. Data for the Hispanic race/ethnicity group is sparse. As a result, the licensed driver baseline does not provide an accurate picture of the Hispanic or the Middle Eastern descents driving population, thereby skewing all groups. Based upon the driver license data obtained from DPS in January 2017, the estimated count of Texas licensed drivers in Plano s zip codes is 374,140. This is an approximate 38 percent more than Plano s estimated population of 271, The race/ethnicity of Texas driver licensees is only available by county or by zip code. Using driver license data for Collin County as a representation of Plano drivers is not preferred, as the city of Plano only encompasses 72.2 square miles of Collin County. Driver license data based on zip codes is more restricted to Plano s city limits than the countywide data, however, some zip codes in Plano overlap into neighboring jurisdictions. Driver licensee s address information is not releasable and as a result, licensees who are non Plano residents are not excluded from the zip code data. Refer Community Survey 5 year population estimate 16

18 to Table 4 on page 15 for the race/ethnicity of Texas driver licensees residing Plano s zip codes. The Police Executive Research Forum also recommends against using driver license data as a benchmark because it raises three significant concerns: (1) Not everyone with a driver license drives; (2) people drive even though they do not have a driver license; and (3) some individuals (particularly college students and military personnel) maintain a driver license issued in another state. Historical Motor Vehicle Stop Contacts as a Baseline Another source of data for comparative purposes is the historical Tier 1 data that has been collected and reported for the past thirteen years. However, from 2002 through 2009, state statutes required the data collection from citations issued and arrests resulting from traffic stops only. In 2009 the Texas State Legislature amended the racial profile statutes to require data collection on all motor vehicle stops in which a citation is issued, and to arrests resulting from those motor vehicle stops. 20 In addition, the legislature amended the definition of race or ethnicity to include six categories of descent: Caucasian, African, Asian, Hispanic, Native, and Middle Eastern descent. Prior to this amendment, Middle Eastern descent was not one of the descents described in the state s definition of race or ethnicity. While cumulative data from the traffic contacts in prior years ( ) could provide a potential baseline for comparison to the current year s actions, any comparison would be skewed due to the different stop type (all motor vehicle stops vs. traffic stops) beginning in 2010 and changes in the race/ethnicity descent collection. A comparison of motor vehicle stop data starting with 2010 may provide a better comparison due to the collection and recording of Middle Eastern descent data. Since 2010 the motor vehicle stop contacts for persons of Middle Eastern descent has increased. This increase may be attributed to officers becoming more familiar with persons of Middle Eastern descent. Table 5 compares the historical data, years 2012 through 2016, for the race/ethnicities of individuals cited, warned or arrested as the results of motor vehicle stops. Table 5: Comparison Race/Ethnicity Based on Historical Stop Contact Data 20 Acts 2009, 81 st Legislature, chapter 1172 (H.B. 3389) 17

19 Race or Ethnicity African 2011 Motor Vehicle Stop Contacts 2012 Motor Vehicle Stop Contacts 2013 Motor Vehicle Stop Contacts 2014 Motor Vehicle Stop Contacts 2015 Motor Vehicle Stop Contacts 2016 Motor Vehicle Stop Contacts 8, % 8, % 9, % 8, % 8, % 7, % Asian 5, % 5, % 6, % 6, % 5, % 4, % Caucasian 39, % 39, % 38, % 36, % 33, % 29, % Hispanic 9, % 9, % 8, % 8, % 8, % 8, % Middle Eastern Native 1, % 1, % 1, % 2, % 2, % 1, % % % % % % % Total 60,840 65,937 64,097 62,553 59,147 51,270 Crash Data as a Baseline In 2001, the Department of Civil Engineering at the University of Kentucky completed a study for the United States Department of Transportation. 21 This research project reported that traffic crash databases could potentially provide accurate exposure data of individuals driving on the roadways in a defined geographical area. The University of Kentucky study found that estimates from a distribution of not at fault drivers involved in crashes closely mirrors the driving population. With a few exceptions, a baseline utilizing crash data could potentially offer a more accurate cross section of those who drive in a particular geographical area. The suitability of using crash data to establish a baseline for which to compare motor vehicle contact data is based upon the premise that all race populations have an equal chance of being involved in a vehicle crash. Reports of motor vehicle crashes are normally independent of some initial police action; therefore, the potential for police biases is removed. The Police Executive Research Forum supports using crash data to establish a baseline to assess racially biased policing. 22 It must be noted however, that utilizing crash data as a comparative baseline is not without concerns. For example, driving ability and economic factors have potential to impact crash 21 Adam Kirk & Nikiforos Stamatiadis, Evaluation of the Quasi Induced Exposure: Final Report, prepared for the Southeastern Transportation Center and the USDOT Transportation Center; University of Kentucky Department of Civil Engineering; Sept See note #21 for source reference. 18

20 data as well. Individuals who are in a financial position to pay for damages independently of reporting the crash to the police or an insurance company will not be included in crash data. Likewise, individuals who are unable to suffer the costs of vehicle repair following a motor vehicle crash may choose not to report the accident to the police. In the past, one issue with using crash data is that the department s crash database did not collect race/ethnicity for Asian, Native, or Middle Eastern descents, which are recognized and required race/ ethnicity descriptors for racial profile data collection. In 2014, the Department began entering crash data in its Record Management System. While the system now collects the Asian and Native race/ethnicities, the Middle Eastern descent is still not collected. Table 6 compares the race/ethnicity of not at fault drivers involved in a crash during 2016 to a fiveyear compilation ( ) of the same data. Table 6: 2016 Crash Data Compared to Five Years of Crash Data Compilation Race or Ethnicity 2011 Crash Population 2012 Crash Population 2013 Crash Population 2014 Crash Population 2015 Crash Population 2016 Crash Population African % % % % % Asian Data Not Available Data Not Available Data Not Available Data Not Available Data Not Available Data Not Available % % % Caucasian 2,657 2,657 2, % 2, % 3, % 3, % 3, % Hispanic % % % % % Native Data Not Available Data Not Available Data Not Available Data Not Available Data Not Available Data Not Available % % % Other % % Data Not Available Data Not Available % % Unknown % % % % 577 8% 19

21 Analysis Motor Vehicle Stop Contacts In 2016, contacts from motor vehicle stops decreased by percent (7,877) from 2015 reported contacts. Motor vehicle stop contacts decreased in all race/ethnicity groups from 2015 contacts. Refer to Table 7 for additional information. Table 7: Comparison of 2016 to 2015 Motor Vehicle Stop Contacts Percent Race or Ethnicity 2015 Contacts 2016 Contacts Change African 8, % 7, % 14.52% Asian 5, % 4, % 26.50% Caucasian 33, % 29, % 12.80% Hispanic 8, % 8, % 1.45% Middle Eastern 2, % 1, % 24.75% Native % % 43.90% Total 59, % 51, % To get a more long term perspective on motor vehicle stop contacts, we compared 2016 motor vehicle contact data to a rolling five year average. The percentage of motor vehicle stop contacts in 2016 decreased in every race/ethnicity group when compared to the fiveyear rolling average, except persons of Hispanic descent and Caucasians. When compared to a five year rolling average ( ), the number of contacts from motor vehicle stops declined percent. Refer to Table 8 on page 23 for additional information. 20

22 Table 8: 2016 Motor Vehicle Stop Contacts Compared to a Rolling Five Year Average 2016 vs. 5 year Rolling 5 Year Rolling Average Race or Ethnicity Contact Average 2016 Contacts Percentage Difference African 8, % 7, % 0.20% Asian 5, % 4, % 1.47% Caucasian 33, % 29, % 0.34% Hispanic 8, % 8, % 1.95% Middle Eastern 2, % 1, % 0.57% Native % % 0.05% Total 59, % 51, % 2016 Motor Vehicle Contacts Race/Ethnicity Ratio Comparisons In an effort to understand the motor vehicle stop contact data, we compared the motor vehicle stop contact ratio for the race/ethnicity groups. Officers contacted African s at a ratio of 4:1 and 3.6:1 over the Hispanic race/ethnicity group. The contact ratios for persons of Middle Eastern descent and those of Native s are high due to the low number of contacts. Refer to Table 9 for additional information. Table 9: 2016 Reported Contact Ratio Comparisons Race or Ethnicity Reported Contacts Percent of Reported Contacts African Ratios Asian Caucasian Hispanic Middle Eastern Native African 7, % Asian 4, % Caucasian 29, % Hispanic 8, % Middle Eastern 1, % Native % Total 51, % Citations In 2016, Plano Police Officers issued citations in 6,232 fewer motor vehicle stop contacts than in This is a 15.6 percent decrease. Motor vehicle stop contacts resulting in a citation 21

23 decreased in all race/ethnicity groups when compared to See Table 10 for citations issued in 2016 and a five year historical review by year and race/ethnicity. Table 10: Motor Vehicle Stops Resulting in a Citation Issued Race or Ethnicity Citations Citations Citations Citations Citations Citations Percent Change 2016 vs African 4,561 5,809 6,025 6,069 5,507 4, % Asian 2,881 4,028 4,180 4,412 4,045 2, % Caucasian 21,425 26,576 25,442 24,769 22,176 18, % Hispanic 6,233 7,070 6,608 6,595 6,291 6, % Middle Eastern 1,203 1,435 1,595 1,928 2,033 1, % Native % A comparison of 2016 citation data to a rolling five year ( ) citation average found the percentage of citations issued to persons of Hispanic descent in motor vehicle stops increased 2.44 percent, while persons of Caucasian descent saw a 2.12 percent decline. The other race/ethnic group s percentages changed less than 1 percent. Refer to Table 11 on page 25 for further information. Table 11: 2016 Motor Vehicle Stops with Citations Issued Compared to Rolling Five Year Average Race or Ethnicity Rolling 5 Year Citation Average Citations 2016 vs. 5 year Rolling Average Percentage Difference African 5, % 4, % 0.03% Asian 3, % 2, % 0.74% Caucasian 24, % 18, % 2.12% 22

24 Hispanic 6, % 6, % 2.44% Middle Eastern 1, % 1, % 0.47% Native % % 0.07% Total 41, % 33, % Race or Ethnicity African 2016 Citations Race/Ethnicity Ratio Comparisons In an effort to understand the citation data, we compared the citation issuance ratios for the race/ethnicity groups. Motor vehicle stops where officers issued citations to African s and Caucasians occurred at nearly an equal ratio. The ratio of motor vehicle stops with citation issuance among all race/ethnicity groups was approximately evenly distributed with the exception of Native s who had a very low number of citations issued. Refer to Table 12 for the complete citation ratio comparisons by race/ethnicity. Table 12: 2016 Motor Vehicle Stops with Citation Issued Ratio Comparisons Reported Contacts Motor Vehicle Stops with Citations Percent of Reported Contacts African Ratio Comparisons By Race Asian Caucasian Hispanic Middle Eastern Native 7,166 4, % Asian 4,215 2, % Caucasian 29,634 18, % Hispanic 8,287 6, % Middle Eastern Native 1,922 1, % % Total 51,270 33,841 Warning Tickets In 2016, the motor vehicle stops where Plano Police Officers issued warning tickets decreased by 9.90 percent (1,683) from The number of motor vehicle stops in which a warning ticket was issued increased for each race/ethnicity group, except persons of Hispanic descent, who experienced less than a percentage point decrease. The largest decrease in motor vehicle stops where a warning ticket was issued went to persons of Native descent, with a percent increase over 2015, followed by persons of Asian descent with a percent increase. Persons of Middle Eastern descent saw a percent decrease, while 23

25 African s saw a nearly an 11 percent decrease. Persons of Caucasian descent saw a 8.55 percent decrease in 2016 from Refer to Table 13 for additional information. Table 13: Motor Vehicle Stops with Warning Tickets Issued Race or Ethnicity 2011 Warning Tickets 2012 Warning Tickets 2013 Warning Tickets 2014 Warning Tickets 2015 Warning Tickets 2016 Warning Tickets Percent Change 2016 vs African 2,707 2,243 2,270 2,089 2, % 11.92% Asian 2,082 1,706 1,814 1,651 1, % 0.73% Caucasian 13,661 11,683 11,437 10,601 10, % 3.72% Hispanic 2,106 1,522 1,425 1,205 1, % 23.07% Middle Eastern % 42.18% Native % % A comparison of 2016 motor vehicle stops where a warning ticket was issued to a rolling fiveyear ( ) average percentages increased 1.04 percent for persons of Hispanic descent, while warning tickets issued decreased 1.84 percent. All other race groups saw less than 1 percent change in the percentage of warning tickets issued in Refer to Table 14 on page 26 for additional information. Table 14: 2016 Motor Vehicle Stops with Warning Ticket Compared to a Rolling Five Year Average Race or Ethnicity Rolling 5 Year Warning Ticket Average Warning Tickets 2016 vs 5 year Rolling Average Percent Change African 2, % 2, % 0.48% Asian 1, % 1, % 1.84% Caucasian 11, % 10, % 0.06% Hispanic 1, % 1, % 1.04% Middle Eastern % % 0.38% Native % % 0.00% Total 17, % 15, % 24

26 Race or Ethnicity African 2016 Motor Vehicle Stops with Warning Tickets Race/Ethnicity Ratio Comparisons In an effort to understand the warning ticket data, we compared the motor vehicle stops with warning ticket issuances ratios for the race/ethnicity groups. Motor vehicle stops where officers issued persons of Caucasian descent a warning ticket was a greater ratio than all other race/ethnicity groups, except for Native s who had very low numbers of warning tickets issued. Refer to Table 15 for the complete motor vehicle stop with warning tickets ratio comparisons by race/ethnicity. Table 15: 2016 Motor Vehicle Stops with Warning Tickets Issued Ratio Comparisons Reported Contacts Motor Vehicle Stops with Warning Percent of Recorded Contacts African Ratio Comparisons By Race Asian Caucasian Hispanic Middle Eastern Native 7,166 2, % Asian 4,215 1, % Caucasian 29,634 10, % Hispanic 8,287 1, % Middle Eastern Native 1, % % Total 51,270 15,313 Motor Vehicle Stops with Arrests In 2016, the total number motor stops that resulted in an arrest increased by 1.97 percent over Motor vehicle stops with arrests increased in the African, Asian, Caucasian, and Hispanic race/ethnicity categories. Motor vehicle stops with arrests of persons of Middle Eastern and Native s decreased. Arrest motor vehicle stops of persons of Middle Eastern descent decreased percent. This increase may be attributed to officer collecting better data and becoming better able to identify persons of Middle Eastern descent. Refer to Table 16 for additional information. Table 16: Motor Vehicle Stops with Arrests (Not Adjusted for Known Variables) Race or Ethnicity 2011 Arrests 2012 Arrests 2013 Arrests 2014 Arrests 2015 Arrests 2016 Arrests Percent Change 2016 vs African % 25

27 Asian % Caucasian 1,510 1,386 1,223 1, % Hispanic % Middle Eastern % Native % A comparison of 2016 motor vehicle stops with arrests to a rolling five year ( ) average found motor vehicle stops with arrests decreased for all race/ethnic groups. The Hispanic race/ethnic group saw a 3.96 increase in percentage points while Caucasians saw a decline of 3.96 percentage points. The other race groups saw a slight decrease or increase of less than 1 percent. Overall, 2016 arrests as the results a motor vehicle stop declined percentage point when compared to the rolling five year average. Refer to Table 17 on page 28 for additional information. 26

28 Table 17: 2016 Motor Vehicle Stops with Arrests Compared to a Rolling Four Year Arrests Average (Not Adjusted for Known Variables) 2016 vs 5 year Rolling 5 Year Average 2016 Motor Vehicle Race or Ethnicity Rolling Average Stops with Arrests Percent Change African % % 0.41% Asian % % 0.09% Caucasian 1, % % 3.69% Hispanic % % 3.96% Middle Eastern % % 0.30% Native % % 0.06% Total 2, % 2, % 2016 Motor Vehicle Stops with Arrests Race/Ethnicity Ratio Comparisons The motor vehicle stops resulting in arrests of persons of Hispanic descent accounted for 8.01 percent of that group s contacts, while motor vehicle stops with arrests of African s accounted for 7.69 percent of that group s contacts. Motor vehicle stops with arrests of Caucasians accounted for 2.76 percent of that group s contacts. Persons of Middle Eastern descent and Asian descent accounted for 1.66 percent and 1.26 percent of those group s contacts respectively. In an effort to understand the motor vehicle stops with arrest data, we compared the stops with arrest ratios for the race/ethnicity groups. Motor vehicle stops in which officers arrested African s and Hispanics was nearly 3:1 when compared to Caucasians. Persons of Asian, Middle Eastern, and Native descent had very few arrests (less than 53 each) which skewed the ratios when compared to the other race/ethnicity groups. Refer to Table 18 on page 30 for motor vehicle stops with arrest ratios for each of the race/ethnicity groups. Table 18: 2016 Motor Vehicle Stops with Arrest Ratios (Not Adjusted for Known Variables) Ratios by Race Race or Ethnicity Reported Contacts Motor Vehicle Stops Percent of Recorded African Asian Caucasian Hispanic Middle Eastern Native 27

29 with Arrests Contacts African 7, % N/C Asian 4, % N/C Caucasian 29, % N/C Hispanic 8, % N/C Middle Eastern Native 1, % N/C Total 51,270 2, % Non Discretionary Arrests: No Driver License, Fraudulent Driver License Violations, and Failure to Identify Violations In 2016, arrests of motorists for violations of no driver license, fraudulent driver license, and failure to identify offenses increased by 3.16 percent over The arrests for these applicable violations accounted for 7.69 percent of all arrests and percent of all nondiscretionary arrests. Motor vehicle stops resulting in the arrest of Hispanic motorists for these violations occurred more often than in any other race group, accounting for percent of the arrests. Motor vehicle stops resulting in the arrest of persons of Caucasian descent accounted for percent of the arrests. Motor vehicle stops resulting in the arrest of African s accounted for percent of the arrests and saw a 105 percent over 2015 arrests. There were no motor vehicle stops resulting in arrests of persons of Asian, Middle Eastern nor Native descent. When the 2016 motor vehicle stops with arrests for no driver license, fraudulent driver license, or fail to identify type violations were compared to the same type of arrests in 2015, persons of Caucasian descents saw a 50 percent increase while the arrests for Hispanic persons declined percent. Hispanics also saw an percent decline in Refer to Table 19 for additional information. Table 19: Motor Vehicle Stops with Arrests for No Driver License/Fraudulent Driver License/Fail to Identify Type Violations Percent Change Race or Ethnicity Arrests Arrests Arrests Arrests Arrests Arrests 2016 vs African % Asian N/C 28

30 Caucasian % Hispanic % Middle Eastern N/C Native N/C When compared to a rolling five year average, the decreases in 2016 motor vehicle stops with arrests for no driver license/identification violations are more subtle within each race/ethnicity group. Persons of Caucasian, and African descent had increases in 2016 of 8.16 percent and 7.16 percent respectively, when compared to the five year average for these arrests. Persons of Hispanic descent saw a decrease in 2016 of percent when compared to the five year rolling average. Refer to Table 20 on page 30 for additional information regarding these arrests. Table 20: 2016 Motor Vehicle Stops with Arrests for No Driver License/Fraudulent Driver License/Fail to Identify Type Violations Compared to a Rolling Five Year Average Motor Vehicle Stops with Arrests 2016 For Select Driver License/ 2016 vs 5 year Motor Vehicle Stops with Arrests Race or Ethnicity Identification Violations Rolling Average For Select Driver License/ 5 Year Rolling Average Percent Change Identification Violations African % % 7.16% Asian % % 0.27% Caucasian % % 8.16% Hispanic % % 14.90% Middle Eastern % % 0.69% 29

31 Native 0 N/C % N/C Total % % 6.21% 2016 Motor Vehicle Stops with Arrests: No Driver License, Fraudulent Driver License, and Fail to Identify Type Violations Race/Ethnicity Ratio Comparisons Motor vehicle stops in 2016 that resulted in the arrests of persons of Hispanic descent for no driver license, fraudulent driver license and fail to identify type violations accounted for 1 percent of that group s contacts. Motor vehicle stops with the arrests of persons of African, Caucasian, and Asian descents for those violations were less that 1 percent for each of those groups. In an effort to understand the arrests for no driver license, fraudulent driver license, and the fail to identify type violations, we compared the motor vehicle stops with arrest ratios for the race/ethnicity groups. Motor vehicle stops resulting in the arrest of persons of Hispanic descent for these offenses just over 8:1 when compared to Caucasians. Motor vehicle stops resulting in African s arrests for the violations was nearly 5:1 when compared to Caucasians. Persons of Asian, Middle Eastern, and Native descents had very few arrest (1 or less each) which skewed the ratios when compared to the other race/ethnicity groups. Refer to Table 21 on page 33 for additional information. Race or Ethnicity African Table 21: 2016 Motor Vehicle Stops with Arrests for No Driver License/Fraudulent Driver License/Fail to Identify Type Violations Ratio Comparisons Reported Contacts Motor Vehicle Stops with Arrests For Select Driver License / Identification Violations Percent of Recorded Contacts African Ratios By Race Asian Caucasian Hispanic Middle Eastern Native 7, % Asian 4, % Caucasian 29, % Hispanic 8, % Middle Eastern Native 1, % % 30

32 Total 51, Warrant Arrests In 2016, there were 782 motor vehicle stops resulting in arrest for outstanding warrants. This is a 8.75 percent decrease from Motor vehicle stops with African s arrested for outstanding warrants accounted for percent of all motor vehicle stops with warrant arrests. Caucasians had the second most motor vehicle stops with warrant arrests, accounting for percent, while Hispanics accounted for percent. Persons of Asian and Middle Eastern descents together accounted for almost 3 percent of the motor vehicle stops with warrant arrests. There were no motor vehicle stops of Native s resulting in arrests for outstanding warrants during Motor vehicle stops with warrant arrests in 2016 when compared to 2015 found a decrease in arrests in all race/ethnic groups, except in persons of Middle Eastern descent. This group remained even at 10 arrests and there were no arrests of Native s. Persons of Asian descent saw the largest decrease, with a percent decline in arrests, while warrant arrests of African persons declined percent. Warrant arrests of Caucasian persons decreased 9.18 percent in 2016 over 2015 arrests. Refer to Table 22 for additional information. Table 22: Motor Vehicle Stops with Warrant Arrests Race or Ethnicity Arrests Arrests Arrests Arrests Arrests 2016 Arrests Arrests Change 2016 vs African % Asian % Caucasian % Hispanic % Middle Eastern N/C Native N/C When 2016 motor vehicle stops with warrant arrests were compared to a five year rolling average ( ) percentages, persons of African, Asian, Caucasian, and Native descents saw a decrease in Persons of Middle Eastern descent saw a slight increase, while the Hispanic race/ethnic group had an increase of 2.40 percent in warrant 31

33 arrest in 2016 when compared to the five year rolling average. Refer to Table 23 for additional information. Table 23: 2016 Motor Vehicle Stops with Warrant Arrests Compared to a Five Year Rolling Average Motor Vehicle Stops Percent Change Motor Vehicle Stops with Warrant Arrests 2016 vs 5 year Race or Ethnicity with Warrant Arrests 5 Year Rolling Average Rolling Average African % % 0.92% Asian % % 0.35% Caucasian % % 1.44% Hispanic % % 2.40% Middle Eastern % % 0.37% Native % % 0.06% Total 1, % % Non Discretionary Arrests: Motor Vehicle Stops with Warrant Arrest Race / Ethnicity Descent Ratio Comparisons Motor vehicle stops resulting in a warrant arrest of persons identified with the African race/ethnicity group occurred at a ratio of 4.2:1 when compared to motor vehicle stops resulting in a warrant arrest of Caucasians, and a ratio of just over 1.6:1 when compared to persons of Hispanic descent. Motor vehicle stops with warrant arrest of persons of Hispanic descent occurred at a ratio of just over 2.6:1 when compared to persons of Caucasian descent. These ratios are very similar to the 2016 ratios. Refer to Table 24 for motor vehicle stops with warrant arrest ratios comparisons for each race/ethnicity group. Race or Ethnicity African Reported Contacts Motor Vehicle Stops with Warrant Arrests Percent of Recorded Contacts African 32 Ratios By Race Asian Caucasian Hispanic Middle Eastern Native 7, % Asian 4, % Caucasian 29, %

34 Hispanic 8, % Middle Eastern Native 1, % Total 51, % Table 24: 2016 Non Discretionary Arrests: Motor Vehicle Stops with Warrant Arrests Ratio Comparisons Searches In 2016, the majority of motor vehicle stop contacts made by Plano Police Officers did not result in an arrest or a search. Of the 51,270 motor vehicle stop contacts, percent occurred without a search. Officers recorded 3,214 searches in 2015, a decrease of percent from 2016 searches. The rate of search in 2016 was searches per 1,000 motor vehicle stop contacts, which is percentage points higher than the 2015 search rate. Of the 3,214 motor vehicle stop contacts that did result in a search, percent (2,408) were non consensual searches. A non consensual search is supported by either probable cause or is the results of an arrest. When compared to all motor vehicle stop contacts, the nonconsent search rate was searches per 1,000 motor vehicle stop. The rate of nonconsensual searches in 2016 is percentage points less than the 2015 rate of nonconsensual searches. Refer to Table 25 for a historical perspective of searches by year and race/ethnicity. Table 25: Motor Vehicle Stops with a Search (Not Adjusted for Known Variables) Race or Ethnicity African 2011 Searches 2012 Searches 2013 Searches 2014 Searches 2015 Searches 2016 Searches Searches 2016 vs , , % Asian % Caucasian 2,054 1,875 1,722 1,745 1,029 1, % Hispanic 1,175 1, , % Middle Eastern Native N/C N/C 33

35 When all of the 2016 motor vehicle stop where a search was conducted, without adjustment for known variables, are considered, every race/ethnicity group had an increase over 2015 searches with the exception of Middle Eastern persons and Native s who remained even for the year. See Table 25 above for additional information. A comparison of 2016 motor vehicle stops with search to a rolling ( ) five year average of motor vehicle stops with search percentage was reviewed, person of Hispanic descent saw a 2.79 percent increase when compared to the five year rolling average. The group saw a 5.72 percent increase in 2015 searches Conversely, person of Caucasian descent experienced a 3.64 decrease when compared to the rolling five year average. This group saw a 5.95 percent decrease in The other race/ethnic groups had insignificant increases or decreases. Refer to Table 26 for additional information. Table 26: 2016 Motor Vehicle Stops with Search (Not Adjusted for Known Variables) Compared to a Five Year Rolling Average Motor Vehicle Stop with Search Percentage 2016 Motor Vehicle Race or Ethnicity Rolling 5 Year Point Change Stop with Search Average 2016 vs. 5 year Rolling Average African % % 0.85% Asian % % 0.33% Caucasian 1, % 1, % 3.64% Hispanic 1, % % 2.79% Middle Eastern % % 0.33% Native % % 0.00% Total 3, % 3, % 2016 Motor Vehicle Stops with Searches (Not Adjusted for Known Variables) Race/Ethnicity Ratio Comparisons Persons of Hispanic descent and African individuals had disproportionate rates of motor vehicle stop with search when compared to all other race/ethnicity categories. Both groups had the highest ratios of search. In 2016, the motor vehicle stop with search ratio for persons of Hispanics descent was nearly 2.6:1 when compared to persons of Caucasian descent, while ratio for persons of African descent was 2.65:1 when compared to persons of Caucasian descent. Refer to Table 27 on page 38 for additional information. 34

36 Race or Ethnicity African Table 27: 2016 Motor Vehicle Stop with Searches (Not Adjusted for Known Variables) Race/Ethnicity Ratio Comparisons Reported Contacts Motor Vehicle Stops with Search Percent of Recorded Contacts African Ratios By Race Asian Caucasian Hispanic Middle Eastern Native 7, % Asian 4, % Caucasian 29,634 1, % Hispanic 8, % Middle Eastern Native 1, % % Total 51,270 3,

37 Analytical Summary of Compounding Variables The validity of analyzing racial profiling data is linked to determining whether a driver s race had an impact on police action, or to what extent other variables had an impact on the action. The Police Executive Research Forum (PERF) asserts that any analysis must consider alternative explanations when there is no evidence to support that race has an impact on police stopping actions. There are multiple variables manipulating this data that should be taken into consideration when attempting to formulate a conclusion. Several variables have been identified as having a significant impact on the analysis of this data: whether the police action was discretionary or non discretionary, consent versus non consent searches, the accuracy of recording an individual s race, a driver s higher probability of police contact, driver maturity and driving experience levels, targeted traffic enforcement areas, the Neighborhood Police Officer Unit, and economic factors. Non discretionary actions are those in which an officer s decision is either limited or specifically directed. A confirmed arrest warrant falls into the non discretionary category. An arrest warrant is a court order, commanding a peace officer to take an individual into custody and take him or her before a magistrate. An officer has no choice or discretionary decision in a situation where a motorist or the passenger(s) has a confirmed warrant for his or her arrest. A discretionary police action, on the other hand, is one in which an officer must choose between one or more potential actions. An example of a discretionary action is an officer choosing to issue a verbal warning to a violator rather than a written citation. The act of racial profiling may fit into the category of a discretionary action. Although it would be an inappropriate use of discretion, an act of racial profiling is discretionary by definition because an officer has the clear option of not taking the action. Much of the impetus behind analyzing data regarding racial profiling is the manner in which an officer uses his or her discretion and whether it is equal and unbiased across racial lines. This discretion includes motor vehicle stops, as well as, action taken subsequent to the contacts. 36

38 A significant weakness in collecting Tier 1 data is that it does not make a distinction for nondiscretionary actions. The raw arrest data provides no assistance in identifying patterns of racial profiling, and any conclusions reached from such data would be inaccurate. An example in which raw data does not assist in identifying patterns of racial profiling is warrant arrests. This year s data indicates that percent of motor vehicle stops resulting in arrest were for warrant arrests. In 2015 warrant arrests accounted for percent of motor vehicle stops that resulting in arrest. These non discretionary arrests have a significant impact on the data. Another type of non discretionary arrest that influences the data in an equivalent manner is arrests of motorists for no driver license violations, presenting fraudulent or fake driver license, or failing to identify themselves. When an officer makes a motor vehicle stop and discovers the driver does not have a driver license or other official identification, or the motorist presents the officer a fake driver license, the officer s discretion is limited as to subsequent action. In these instances, the officer is compelled to arrest the driver for identification purposes. To issue a citation for a traffic violation or offense requires the officer to identify the violator to ensure he or she is not a wanted person, and to reduce the possibility of an arrest warrant being issued for the wrong person at a later date. Persons who officers cannot identify at the scene of the motor vehicle stop are arrested so their fingerprints can be compared against a statewide fingerprint database to verify their identities. Therefore, not to arrest the violator for a no driver license or fake driver license violations would constitute negligence on the part of the Department and the Officer, as there is a legal and legitimate need to identify unlicensed/unidentified drivers through the jail booking process. When non discretionary arrests for no driver license/identification violations and warrants are removed from the total arrest data, the arrests as percentages of race become somewhat more equitably distributed. However, there continues to be a disproportionate percentage of on view arrests amongst the race/ethnicity groups. Racial profiling is based on an officer s discretionary actions; therefore, non discretionary actions should be minimized when 37

39 analyzing racial profiling data. Using raw data only is problematic and can lead to unsupported conclusions. Motor vehicle stops where officers effected discretionary arrests of persons of African decent occurred at the rate of 1.86:1 when compared with person of Caucasian descent. Motor vehicle stops wherein officer effected a discretionary arrested of Hispanics occurred at the rate of 2.67:1 when compared to persons of Caucasian descents. While both of groups experienced a disproportionate arrest rate in 2016, the motor vehicle stops with discretionary arrest rate for the groups was similar to the 2014 rates of 1.68:1 and 2.66:1 respectively. Refer to Table 28 for additional information. Race or Ethnicity African Table 28: 2015 Motor Vehicle Stops with Discretionary Arrests Race/Ethnicity Ratio Comparisons Recorded Contacts Discretionary Arrests Percent of Recorded Contacts African Arrests Ratios By Race or Ethnicity Asian Caucasian Hispanic Middle Eastern Native 7, % N/C Asian 4, % N/C Caucasian 29, % N/C Hispanic 8, % N/C Middle Eastern Native 1, % N/C % Total 51,270 1,174 Another variable having impact on the collected data is that of consent versus non consent searches. Tier 1 data collection requirement does not differentiate searches that were conducted incident to arrest from those searches considered as pre arrest or investigative searches. An officer can exercise his or her discretion for searches done primarily as investigative searches; however, there are factors that limit an officer s discretion for a search conducted during an arrest following a motor vehicle stop. Case law allows a contemporaneous warrantless search of a person arrested; however, officers may only search the vehicle if they have probable cause to believe it contains evidence, the arrestee is unsecured and can reach into the car, or if the officer is looking for evidence of the crime for 38

40 which the arrestee is being arrested. 23 An Officer making an arrest is required by policy to search the arrestee. Failure to do so not only violates departmental policy, but it results in an incomplete investigation and brings into question the officer s safety practices. The civil rights group, Texas Criminal Justice Coalition, believes that the number of consent searches and the disparity of consent searches between racial groups are valid measures of whether racial profiling tactics are practiced, rather than other Tier 1 data elements. 24 Consent searches are not conducted based on probable cause or arrests as noted above for non consensual searches but instead the searches at the requests of the officer. Requesting consent to conduct a search is solely at an officer s discretion and, therefore, is a good measure of how officers use their discretion differently for various racial groups. In 2016, motor vehicle stops resulting in consent searches or discretionary searches accounted for percent of all motor vehicle stops with search. In 2015, discretionary searches accounted for percent of motor vehicle stops with search. Of the motor vehicle stops with consent searches conducted in 2016, persons of Hispanic descent consented to search the most, at a rate of 2.82 percent. Person of African decent had the second highest consent to search rate at 2.51 percent. Caucasians had the third highest consent to search rate at 1.24 percent. Refer to Table 29 on page 43 for additional information. Table 29: Motor Vehicle Stops with Consent Search Race or Ethnicity 2011 Consent Searches 2012 Consent Searches 2013 Consent Searches 2014 Consent Searches 2015 Consent Searches 2016 Consent Searches Percent Change 2016 vs African % Asian % Caucasian % Hispanic % 23 See Arizona v. Gant. 556 U.S , 129 S. Ct. 1710, 173 L.Ed.2 nd 485 (2009) 24 See Smarter Policing Practices: Creating a Safer, More Unified Texas, Texas Criminal Justice Coalition, 39

41 Middle Eastern % Native % Total 1, , % A comparison of 2015 motor vehicle stops with consent search to a rolling ( ) fiveyear motor vehicle stop with consent search average found there was a decrease in consensual searches for all race/ethnicity groups, except persons of Hispanic descent, Middle Eastern descent and Native s. Motor vehicle stops with consent search of persons of Hispanic descent increased 1.61 percent while consent searches of persons of African descent decreased 1.28 percent. The other race/ethnic groups experienced insignificant increases or decreases of less than 1 percent. Refer to Table 30 on page 44 for additional information. 40

42 Table 30: 2016 Motor Vehicle Stop with Consent Search Compared to a Five Year Rolling Average Race or Ethnicity Motor Vehicle Stops with Consent Search Rolling 5 YearAverage Motor Vehicle Stop with Consent Search Percentage Point Change 2015 vs. 5 year Rolling Average African % % 1.28% Asian % % 0.34% Caucasian % % 0.34% Hispanic % % 1.61% Middle Eastern % % 0.44% Native % % 0.08% Total 1, Race or Ethnicity African In 2016, Motor vehicle stops with consent searches of persons of Hispanic descent occurred at a rate of nearly 2.3:1 when compared with persons of Caucasian descents, while consent searches of persons of African descent occurred at a rate of 2:1. Both groups experienced a disproportionate motor vehicle stop with consent search rate in 2015 when compared to the Caucasian consent search rate, Refer to Table 31 for additional information. Table 31: 2016 Motor Vehicle Stops with Consent Searches Race/Ethnicity Ratio Comparisons Recorded Contacts Motor Vehicle Stops with Discretionary Searches Percent of Recorded Contacts African Discretionary Search Ratios By Race or Ethnicity Asian Caucasian Hispanic Middle Eastern Native 7, % N/C Asian 4, % N/C Caucasian 29, % N/C Hispanic 8, % N/C Middle Eastern Native 1, % N/C % Total 51, Determining an Individual s Race or Ethnicity Another variable ultimately affecting the data is the accuracy with which an officer records an individual s race/ethnicity following a motor vehicle stop. When an officer takes an action 41

43 during a motor vehicle stop, the officer is required to record the race or ethnicity of the driver. While an observation such as this may seem simple, due to varying physical characteristics, there are occasions when an officer is unsure of the race or ethnicity of an individual. A Texas driver license does not list the licensee s race and the DPS driving records do not separate Middle Eastern population from the other race categories. Recording a driver s race or ethnicity is a matter of subjectivity on the part of the officer. Additionally, it has been the experience of the Plano Police Department that asking motorists to identify their race or ethnicity is often taken as an insult and considered offensive. Consequently, recording a driver s race is largely discretionary and often takes the form of guesswork. Other Variables Influencing Data Collection and Analysis Other variables influence analysis of the collected data as well. One of significance is that some drivers are prone to a higher probability of police contact because they spend more time on the roadways than others do. For example, if Driver A, as part of her employment, drives from location to location, making deliveries, she is more prone to police traffic contact than Driver B, who simply drives her children to and from school a short distance twice a day. Another variable affecting the data is that of driver experience and maturity. The insurance industry has determined that young male drivers are more likely to be involved in crashes. While this is not a race based comparison, it illustrates that outside factors impact driving populations. Enforcement location is another variable having impact on the data collected. The Plano Police Department has designated target intersections for traffic enforcement purposes. These target areas are predetermined using crash rates. Officers spend a disproportionate amount of time on traffic enforcement at target areas compared to non target areas. It makes sense that drivers traveling through target locations will be contacted at a higher rate than those who do not. Additionally, the rate of drivers traveling through these areas may vary among racial populations. Another factor affecting the Department s Tier 1 data is the enforcement actions of the Neighborhood Police Officer Unit. The Unit s specific task is to develop positive relations with 42

44 citizens in areas where the crime rate has traditionally been above average and where other quality of life issues have been identified. The assigned location of these Officers is not tied to population demographics; however, certain portions of eastern Plano are populated disproportionately along racial lines. While traffic enforcement is not the predominate focus of the Neighborhood Police Officer Unit, a traffic infraction that occurs in front of a Neighborhood Police Officer is typically dealt with in the same manner any other officer would deal with it. In one sense, the Neighborhood Police Officer Unit works as a doubleedged sword when considering motor vehicle stop contact data. The Unit s primary focus is assisting with quality of life concerns for the citizens of Plano, but at the same time, it increases enforcement action in these areas, including traffic enforcement. Failing to consider the enforcement actions of the Neighborhood Police Officer Unit has the potential to lead to inaccurate conclusions regarding racial profiling. Certain economic factors cannot be overlooked as influencing the collected data as well. For example, an economically deprived individual may be financially unable to repair a vehicle equipment malfunction. If the individual operates his vehicle on the roadway in violation of traffic law, he is subjecting himself to a higher probability of a traffic contact and potential enforcement action than an individual whose vehicle is in compliance. Another economic factor is a person s ability to pay the fine on site with a credit card for an outstanding warrant in lieu of being jailed. The City of Plano has a contract with a third party servicing company that offers individuals this option. The ability to utilize a credit card for fine payment is linked, in part, to economics. For example, an individual who is in a low income bracket may be unable to make immediate payment, whereas an individual in a middle or high income bracket may be able to do so and avoid arrest. Racial Profiling Complaints A good indicator of whether a police agency is engaged in racial profiling is discovered in the totality and investigative outcome of racial profiling allegations. During 2016, the Plano Police Department received seven complaints of racial profiling/biased based policing. Three complaints were the result of motor vehicle stop contacts. An investigation found there was no evidence to support allegations that the officers had engaged in racial profiling or biased based police actions. 43

45 The racial profiling or biased based police actions complaint rate based on motor vehicle stops in 2016 was 0.08 complaints per 1,000 motor vehicle stop contacts, which represented a small increase over those types of complaints in In 2015, the complaint rate was 0.05 complaints per 1,000 motor vehicle stop contacts. In 2014, the complaint rate was 0.03 complaints per 1,000 motor vehicle stop contacts. In 2013, the rate was 0.02 complaints per 1,000 motor vehicle stops. In 2012, the rate was 0.03 complaints per 1,000 motor vehicle stops. In 2011, the complaint rate was 0.05 complaints per 1,000 motor vehicle stop contacts. All four complainants were of African descent. In 2016, the African race/ethnicity group accounted for 7,166 recorded motor vehicle stop contacts. This equates to a complaint rate of 0.56 complaints per 1,000 motor vehicle stop contacts. The Department monitors the complaint rate for trends of racial profiling and biased base policing. There is an expectation that if Plano Police Officers were engaged in racial profiling, the percentage of complaints received and sustained would be much higher. Complaint Summarization The following is a summation all racial profiling or bias based police actions allegations the Department received in Complaint #1: A citizen of Caucasian descent alleged a detective of Caucasian descent was biased in a report he filed. The complaint was closed as a Citizen Inquiry when the citizen failed to file a sworn complaint as required by law. Complaint #2: A citizen of Caucasian descent alleged a Lieutenant of Caucasian descent would not take a police report where a known suspect was placing a false 911 calls, illegally monitoring his phone, and colluding with religious organizations to engage in law enforcement discriminatory practices based on both disability and religious bias. After an investigation this complaint was closed as Not Sustained. Complaint #3: A motorists of African descent alleged an officer of Caucasian descent racially profiled her on a traffic stop. She alleged the officer asked why she was in 44

46 Plano if she lived in Frisco. She further alleged the officer was rude to her and her dog. The citizen did not feel she should have to pay the citation she received. The complaint was closed as an Citizen Inquiry as the complainant failed to file a sworn complaint was required by law. Complaint #4: A citizen of Caucasian descent alleged an officer of African descent talked was racist. The citizen felt the officer was racist because the officer talked down to him. The citizen wanted a personal apology from the officer and suggested the officer needs to attend a training on how to deal with old white people. The complaint was closed as a Citizen Inquiry as the complainant failed to sign a sworn complaint as required by law. Complaint #5: A motorists of African descent alleged an officer of Caucasian descent was racially biased on a traffic stop. The citizen was unable to articulate why she felt the officer was racist and stated he did not do or say anything specifically racially biased other than tell her she was going to jail if she did not sign the citation. The complaint was closed as a Citizen Inquiry as the complainant failed to sign a sworn complaint as required by law. Complaint #6: A citizen of African descent was involved in a motor vehicle crash. The citizen alleged the officer, who was of Caucasian descent, interrogated her, badgered her, and told her there were discrepancies in her story which she believes was racially motivated. The complaint was closed as a Citizen Inquiry as the complainant failed to sign a sworn complaint as required by law. Complaint #7: A motorists of African descent was stopped by an officer of Caucasian descent. The citizen alleged she was racially profiled by the officer and issued a citation when she was not speeding. The officer s response advised the neither the traffic stop nor the citation was based on the driver s race/ethnicity/gender. The officer could not distinguish the driver s race/ethnicity/gender as he was using a laser radar to check vehicle speeds. After an investigation the complaint was closed as Not Sustained. Complaint #8: A motorist of African descent was stopped by an officer of Caucasian descent. The driver alleged the officer refused to acknowledge or answer his questions and walked away mid conversation. The motorists alleged the officer acted like he was upset 45

47 because he was a African, he didn t have to answer questions or respect [him] in a professional manner. After an investigation the complaint was closed as Not Sustained. Complaint #9: A citizen of African descent alleged gender/racial bias based against the officer, who was of Caucasian descent. She offered no evidence of racial bias and even stated the officer did not make any racial statements. The citizen just felt the officer would treat a man differently. After an investigation this complaint was closed as Not Sustained. Complaint #10: A citizen of African descent alleged an officer, who was of Caucasian descent, spoke to her and another African in a demeaning way and was discriminatory towards them both. During the investigation the complaint advised that neither the officer nor his sergeant, who is also Caucasian descent, said or did anything racially biased. The citizen stated she felt the officer was biased but could not articulate any evidence to support her statement. During an interview, the citizen stated that she has a tendency to assume that she is being treated by others in a racially biased manner. After an investigation this complaint was closed as Not Sustained. 46

48 Engagement and Education Community Involvement One of the significant methods the Department uses to understand and attempt to minimize the variables that influence motor vehicle stops is a continued partnership with the local community including minority groups. The Plano Police Department is aware that policing effectiveness is enhanced by actively involving members of the community. The Department has made strides in developing partnerships with the local community in several ways, one of which is to encourage involvement of its employees in outside organizations. The Department continues to expand the successful UNIDOS Plano program, an initiative to create a more positive partnership with our Hispanic community. This program educates our Hispanic citizens on issues which affect their daily lives including driving safety, how to obtain a valid Texas driver license, and education on the requirement to obtain motor vehicle insurance. We believe that this positive program is helping us work more closely with the Hispanic community, resulting in fewer traffic contacts over time. Members of the Plano Police Department continue to dialogue with and reach out to various ethnic organizations in our community, including the Plano Community Forum, the Plano North Metroplex Links, League of United Latin Citizens (LULAC), National Organization for Black Law Enforcement Executives (NOBLE), Plano Multicultural Outreach Roundtable, Organization of Chinese s, Association of Chinese Professionals, and organizations within the Islamic and Sikh communities. Officer Recruitment and Education Beginning in 2006, the Plano Police Department increased hiring standards to require all police recruits to have a four year college degree, or 60 semester hours if the applicant has either two years of law enforcement experience or three years of active military service. The Department recognizes that these are rigorous requirements, but believes that taken together, a more educated police force is likely to be more tolerant of other races, cultures, and religious groups. All police officer applicants are asked specific questions during interviews to detect racial or cultural intolerance. All newly appointed Plano Police Officers must complete training on racial profiling and bias based policing. The racial profiling curriculum is a standalone class taught to all newly hired officers during their six week mini 47

49 academy prior to being placed into the field training program. All newly hired officers also receive multiculturalism and human relations training as part of the Basic Peace Officer Course. Additionally, all Plano Police Officers began attending an additional eight hour cultural diversity class in September The Texas Occupation Code also requires that police officers who hold only a Basic Peace Officer Certificate complete an eight hour cultural diversity training course once during every four year training cycle. The Plano Police Department complies with the requirement. The Plano Police Department has a broad based recruiting effort that attempts to reach a well qualified and diverse applicant pool. The Department is authorized 381 sworn officers and currently has a staffing of 368 officers. The following tables show the Department s demographic profile for sworn officers and civilian employees is as follows: Total Sworn Personnel Indian Asian Black Hispanic White Grand Total Recruit Officer Sergeant Lieutenant Captain 4 4 Assistant Chief 2 2 Chief 1 1 Grand Total Civilian Personnel Indian Asian Black Hispanic White 48 Grand Total Female Male Grand Total Public Education The Plano Police Department works diligently to inform the public about the internal complaint process, especially as it relates to racial bias. Persons interested in knowing more about the Department s complaint process may go to the City of Plano s website. The Department has streamlined and simplified the process for filing a complaint. Complaint forms are available in both the English and Spanish languages. Persons wanting a complaint form can have it mailed or faxed to them or it may be picked up in the lobby of Police Headquarters located at th Street Plano, Texas. Additionally, the English version of the complaint form is on the City of Plano s website at

50 and the Spanish Version of the complaint form is at Both versions of the form can be either printed or completed electronically. If a citizen desires, a personal interview will be arranged either at the Police Department, the complainant s home, or at another location specified by the complainant. Brochures containing information about the complaint process, and how to file a complaint, are at several locations throughout the community. Final Statement The Plano Police Department remains committed to taking whatever steps are necessary to ensure racial profiling is not occurring in our organization. The Department is committed to collecting and analyzing data and we will continue to comply with and exceed the reporting requirements established in Article of the Code of Criminal Procedures; however, the Department also recognizes that many variables both known and unknown influence the raw data and may distort conclusions. The advantage from analyzing the racial data collected for the past 14 years is the opportunity to examine the Department in unique ways. The Department is committed to continuing a dialogue within our organization and the community about the issues of race and racial profiling, and we welcome inquiries regarding this report along with constructive and scholarly discussion. Contact Information For additional information regarding this report, please contact: Danny Alexander Planning and Research Division Manager Plano Police Department dannya@plano.gov Sergent Shane Blackburn Professional Standards Unit Plano Police Department 49

51 Officer David Tilley, Public Information Officer Plano Police Department

52 Plano Police Department 2016 Racial Profile Report Appendix A Comparison Graphs Citations Issued by Race/Ethnicity ,000 25,000 20,000 15,000 10,000 African Asian Caucasian Hispanic Middle Eastern Native 5, Plano Police Department 2016 Racial Profile Report Appendix A 2 51

53 Comparison Graphs Warnings Issued by Race/Ethnicity ,000 14,000 12,000 10,000 8,000 6,000 4,000 African Asian Caucasian Hispanic Middle Eastern Native 2, Plano Police Department 2015 Racial Profile Report Appendix A Comparison Graphs 52

54 Arrests by Race/Ethnicity African Asian Caucasian Hispanic Middle Eastern Native Plano Police Department 2016 Racial Profile Report Appendix A Comparison Graphs 53

55 Searches Conducted by Race/Ethnicity ,500 2,000 1,500 1,000 African Asian Caucasian Hispanic Middle Eastern Native Plano Police Department 2015 Racial Profile Report Appendix A Comparison Graphs 54

56 10.00% Race/Ethnicity Known Prior to Traffic Stop % 8.00% 7.00% 6.00% 5.00% 4.00% 3.00% African Asian Caucasian Hispanic Middle Eastern Native 2.00% 1.00% 0.00%

57 Appendix B ADMINISTRATIVE DIRECTIVE PROFESSIONAL POLICE CONTACTS EFFECTIVE DATE: August 31, 2001 REVISION DATE: December 13, 2011 REVIEW DATE: AFFECTS: All Personnel I. PURPOSE II. The purpose of this policy is to unequivocally state that bias-based profiling in law enforcement is totally unacceptable, to provide guidelines for officers to prevent such occurrences, and to protect our officers when they act within the dictates of the law and policy from unwarranted accusations. This directive strictly prohibits the use of bias based profiling by employees of the Plano Police Department. POLICY It is the policy of this Department to patrol in a proactive manner, to aggressively investigate suspicious persons and circumstances, and to actively enforce the statutes, laws, and ordinances while insisting that individuals will only be stopped or detained when there exists reasonable suspicion to believe they have committed, are committing, or are about to commit, an infraction of the law. Employees of the Plano Police Department are prohibited from practices of bias-based profiling. Any employee found, after thorough investigation and review, to have engaged in racial or bias-based profiling shall be subject to disciplinary action, which may include indefinite suspension. In accordance with Administrative Directive , any person or persons alleging racial or biasbased profiling may file a complaint against any employee(s) of the Department. III. DEFINITIONS A. Bias-based Profiling The detention, interdiction, search or seizure of any person based upon the person s age, gender, sexual orientation, race, color, creed, ethnicity, national origin, or similar personal characteristic. B. Racial Profiling A law enforcement-initiated action based on an individual s race, ethnicity, or national origin rather than on the individual s behavior or on information identifying the individual as having engaged in criminal activity. 1. Examples of racial profiling include but are not limited to the following: a. Detaining a driver who is speeding in a stream of traffic, where most other drivers are speeding, because of the driver s race, ethnicity, or national origin. b. Detaining the driver of a vehicle based on the determination that a person of that race, ethnicity, or national origin is unlikely to own or possess that specific make or model of vehicle. c. Detaining an individual based on the determination that a person of that race, ethnicity or national origin does not belong in a specific part of town or a specific place. C. Race or Ethnicity Means of a particular descent, including Caucasian, African, Hispanic, Asian, Native or Middle Eastern descent. D. Motor Vehicle Stop An occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. E. Reasonable Suspicion Also known as articulable suspicion. Specific, articulable facts and circumstances, and reasonable inferences from those facts and circumstances, that would lead a person of reasonable prudence to believe that some type of criminal activity is afoot, and the person(s) detained are somehow involved. F. Detention Any restriction upon a person's liberty imposed by a peace officer. G. Seizure any taking of property from an individual without the individual's consent or any restriction of an individual's liberty without the individual's consent. A detention will be considered a seizure, as will an arrest. PLANO POLICE DEPARTMENT Page 1

58 Appendix B ADMINISTRATIVE DIRECTIVE PROFESSIONAL POLICE CONTACTS EFFECTIVE DATE: August 31, 2001 REVISION DATE: December 13, 2011 REVIEW DATE: AFFECTS: All Personnel IV. PROCEDURES A. Training 1. Officers will receive initial and ongoing training in proactive enforcement tactics, including training in officer safety, courtesy, cultural diversity, the laws governing search and seizure, racial profiling, and interpersonal communication skills. Training will also cover bias based profiling issues including legal aspects. 2. Training programs will emphasize the need to respect the rights of all persons to be free from unreasonable government intrusion or police action. 3. The Professional Standards Unit shall make available to the public information describing the process by which a complaint may be filed. The information will be readily accessible to the public in the police department lobby and other City facilities open to the public, including but not limited to the Municipal Center and public libraries. B. Stops / Detentions 1. Individuals shall only be subjected to stops, seizures or detentions based upon reasonable suspicion that they have committed, are committing, or are about to commit an infraction. 2. In the absence of a specific, credible report containing a physical description, a person s gender, sexual orientation, race, color, creed, ethnicity, national origin, or similar personal characteristic or any combination of these shall not be a factor in determining probable cause for an arrest or reasonable suspicion for a stop. C. Oversight 1. Enforcement of statutes, laws, and ordinances will be accompanied by consistent, ongoing supervisory oversight to ensure that officers do not go beyond the parameters of reasonableness in conducting such activities. 2. Supervisors shall randomly review the Mobile Digital Video Recording (MDVR) recordings of each of their subordinates. 3. The supervisor shall determine compliance with this and other applicable directives. 4. The supervisor shall discuss their assessment with the respective employee. 5. The supervisor shall report his/her assessment each calendar quarter, via chain of command, to the Division Commander. The reports shall be uniformly structured and contain: a. The name of the employee under review b. The date and time stamp of each contact reviewed c. A written assessment of each contact reviewed, which shall include: (1) The race/ethnicity of the person detained (2) Whether a search was conducted (3) If a search was conducted, whether consent was provided by the person (4) The quality of the video recording (5) The quality of the audio recording (6) Whether employee actions were in accordance with Department policy and procedures PLANO POLICE DEPARTMENT Page 2

59 Appendix B ADMINISTRATIVE DIRECTIVE PROFESSIONAL POLICE CONTACTS EFFECTIVE DATE: August 31, 2001 REVISION DATE: December 13, 2011 REVIEW DATE: AFFECTS: All Personnel (7) A summary of the feedback provided to the employee d. The Division Commander shall review the supervisor s reports. D. Seven Point Violator Contact 1. Absent some articulable reason for deviation, officers shall utilize the following seven-step action, in the order specified, when conducting motor vehicle stops. a. Greeting and identifying the police officer and the police agency. The greeting is accomplished in the most natural way for the officer. He will introduce himself as Officer John Doe with the Plano Police Department. This is a courtesy we owe every person stopped. The objectives in the greeting are to employ business courtesy, to help make the person feel at ease, and to establish a common ground free of superiority or deference. Example: Hello. I m Officer Doe, with the Plano Police Department. b. Stating the reason for the stop. This will be done upon initial contact as a basic courtesy. The officer should ascertain whether extenuating circumstances might morally justify the infraction to a normal, prudent person. This offers the individual stopped an opportunity to justify his actions if a reason exists and, if none, places him in the position of admitting the violation. Listen politely and allow the person ample opportunity to explain his perspective. However, with the above exception, one should refrain from asking questions concerning the person s knowledge of the violation committed. Remarks made by the officer should be in the form of a statement rather than a question. Example: The reason your vehicle was stopped was for speeding, 55 in a 40 mph zone. Do you have an emergency? c. Identifying the individual detained and checking their condition as well as the vehicle. The officer should identify every individual stopped by requesting their driver license. If the person has no license, the officer should ask for other forms of identification, preferably one that carries the person s description. The officer should not accept an identification document if offered in a wallet, case or purse ask the person to remove the document and accept that only. The officer, after identifying the person, should call him by name for the remainder of the interview. d. State the action being taken. The officer should make a clear statement, in a firm but calm manner that will leave no doubt as to the action being taken. For example, You are receiving a citation for the offense of speeding. Officers should refrain from using the word I during the interview. Place emphasis on the person and the violation committed by using the word you. This technique keeps the person from shifting blame onto the officer. Officers have the option of informing the person of the action being taken during the first or second contact. e. Taking the action. Issue the citation, take the person into custody, or call his attention to the seriousness of the violation and possible consequences (warning). f. Explaining what the person is to do. Explain to the person exactly what action he must take. That is, he is to sign the citation and contact the court within a certain time frame, or, he is under arrest and will be required to post a cash bond, etc. In some cases a short explanation helps to dispel much of the uncertainty in the mind of the person detained. Make the explanation clear and be sure that the person understands. Example: You will need to contact the Municipal Court within fifteen (15) days to arrange for a court date and/or pay the fine. This information is on the back of your copy. g. Leaving. Closing the contact with the person is awkward for many officers. It is an PLANO POLICE DEPARTMENT Page 3

60 Appendix B ADMINISTRATIVE DIRECTIVE PROFESSIONAL POLICE CONTACTS EFFECTIVE DATE: August 31, 2001 REVISION DATE: December 13, 2011 REVIEW DATE: AFFECTS: All Personnel opportunity to create feelings of friendliness if the proper technique is used. An expression of helpfulness and service is desired. The leave-taking should be as firm and impersonal as the approach. A take care or drive carefully spoken in a sincere, yet business-like tone is sufficient. Do not use the trite expression, have a nice day or good afternoon, which would be inappropriate in these circumstances. When the contact with the person has been broken, make sure the driver is able to merge safely back into the traffic stream. E. Enforcement Action 1. Appropriate enforcement action should always be completed. A written warning, citation, juvenile notice/warning, or arrest should be made when probable cause exists. Verbal warnings may be issued when appropriate. Field Contact Cards shall be completed when the stop or detention was made based on reasonable suspicion and no other enforcement action will be taken. 2. No person, once cited or warned, shall be detained beyond the point where there exists no reasonable suspicion of further criminal activity, and no person or vehicle shall be searched in the absence of a warrant, a legally recognized exception to the warrant requirement, or the person s voluntary consent. 3. Officers are prohibited from contacting the person s employer regarding the violation or enforcement action unless the officer receives permission from a lieutenant or above to do so. F. Mobile Digital Vehicle Recording (MDVR) Equipment 1. Officers shall ensure the MDVR is activated to record both, video and sound before the stop, to document the behavior of the vehicle or person, and shall remain activated until the person is released to resume their journey (refer to AD ). 2. Officers are responsible for ensuring the vehicle s recording equipment is fully operational throughout their tour of duty. Any equipment failures or repairs needed should be immediately reported to the on-duty shift supervisor. 3. Vehicles with non-functioning MDVRs are to be placed out of service and not driven as operational vehicles. 4. Should a MDVR fail during a motor vehicle stop or a stop is not recorded, the officer shall note such on the citation, the juvenile warning/notice, the written warning, arrest report, or Field Information card. 5. MDVR Recordings shall be retained or a period of ninety (90) days, in accordance with Administrative Directive However, if a complaint is filed alleging an employee engaged in racial profiling with respect to a motor vehicle or pedestrian stop, the video and audio or audio record of the stop shall be retained until final disposition of the complaint. Upon the commencement of such a complaint, and pursuant to his or her written request, the officer who is the subject of the complaint shall be provided a copy of the recording. G. Consent to Search 1. It is not necessary for a consent search to be supported by reasonable suspicion or probable cause. Voluntary consent to search may be utilized by officers for the search of both persons and property, and may be used at any point during the detention. 2. The officer should ask for consent to search a vehicle before the person detained is released and the initial detention is completed. However, any further detention or consent to search at PLANO POLICE DEPARTMENT Page 4

61 Appendix B ADMINISTRATIVE DIRECTIVE PROFESSIONAL POLICE CONTACTS EFFECTIVE DATE: August 31, 2001 REVISION DATE: December 13, 2011 REVIEW DATE: AFFECTS: All Personnel this point must be completely voluntary by the driver or owner of the vehicle, or the person being detained. 3. It is strongly recommended that consent searches only be conducted with consent documented in writing. H. Reporting (Effective January 1, 2002) 1. When completing a citation, a written warning, a juvenile notice/warning, an adult or juvenile arrest report or a field information card, officers shall report the following information: a. The race and ethnicity of the individual detained as determined by the officer. b. Whether the officer knew the race or ethnicity of the individual detained before detaining that individual. c. Whether a search was conducted, and, if so d. Whether the individual detained consented to the search. 2. The Planning and Research Coordinator will submit a cumulative report to the Office of the Chief of Police concerning citation and arrest data described in section IV.H The Planning and Research Coordinator will perform a comparative analysis of the data collected in accordance with section IV.H.2., in this directive. a. Analysis will be based on a calendar year. b. Summary reports of the analysis must be submitted to the Office of the Chief of Police c. The report must: (1) Evaluate and compare the number of motor vehicle stops, in Plano, of persons who are recognized as racial or ethnic minorities; (2) Examine the disposition of motor vehicle stops, categorized according to the race or ethnicity of affected persons including any searches resulting from stops in Plano. (3) Information relating to each complaint within the department alleging bias or racial profiling. (4) The report may not include identifying information about an officer or about the person stopped. 4. The Professional Standards Sergeant shall have supervisory oversight of all MDVR recordings. 5. The Office of the Chief of Police shall submit to the Texas Commission on Law Enforcement Officer s Standards and Education and to the Office of the City Manager, no later than March 1 of each year an annual report concerning citation and arrest data recorded in the preceding year. PLANO POLICE DEPARTMENT Page 5

62 Appendix C Racial Profiling Report Tier one Agency Name: Reporting Date: 03/01/2017 TCOLE Agency Number: Chief Administrator: Agency Contact Information: Plano Police Department Gregory W. Rushin Phone: (972) Mailing Address: dannya@plano.gov th Street Plano TX This Agency claims partial racial profiling report exemption because: Our vehicles that conduct motor vehicle stops are equipped with video and audio equipment and we maintain videos for 90 days. Certification to This Report (Tier 1), Partial Exemption Article 2.132(b) CCP Law Enforcement Policy on Racial Profiling Plano Police Department has adopted a detailed written policy on racial profiling. Our policy: 1.) clearly defines acts constituting racial profiling; 2.) strictly prohibits peace officers employed by the Plano Police Department from engaging in racial profiling; 3.) implements a process by which an individual may file a complaint with the Plano Police Department if the individual believes that a peace officer employed by the Plano Police Department has engaged in racial profiling with respect to the individual; 4.) provides public education relating to the agency's complaint process; 5.) requires appropriate corrective action to be taken against a peace officer employed by the Plano Police Department who, after an investigation, is shown to have engaged in racial profiling in violation of the Plano Police Department's policy adopted under this article; 6.) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to: a.) the race or ethnicity of the individual detained;

63 b.) whether a search was conducted and, if so, whether the individual detained consented to the search; and c.) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and 7.) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision(6) to: a.) the Commission on Law Enforcement; and b.) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. Executed by: Gregory W. Rushin Chief Administrator Plano Police Department Date: 03/01/2017 Plano Police Department Motor Vehicle Racial Profiling Information

64 Total stops: Number of motor vehicle stops Citation only: Arrest only: 2052 Both: Race or ethnicity African: 7166 Asian: 4215 Caucasian: Hispanic: 8287 Middle eastern: 1922 Native american: 46 Was race known ethnicity known prior to stop? Yes: 1092 No: Was a search conducted Yes: 3214 No: Was search consented? Yes: 806 No: 2408 Submitted electronically to the The Texas Commission on Law Enforcement