Biased Based Policing

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I. PURPOSE

To affirm the Department's commitment to providing unbiased law enforcement services and ensuring the constitutional protections of the citizens we serve.

II. POLICY

The Department recognizes the legitimacy of criminal profiling. However, the selection of persons for police contact based solely on common traits of a group is unacceptable, illegal, and will not be tolerated. All investigative traffic contacts, field contacts, and searches and seizures (to include asset seizure and forfeitures) will have reasonable suspicion supported by specific articulable facts that any person contacted regarding his/her identification, activities, or location has been, is, or is about to commit a violation of law or currently presents a threat to his/her safety or the safety of others. <1.2.9 a.>

III. DEFINITIONS

  1. Bias Policing: The selection of persons for police contact based SOLELY on a common trait of a group. Such traits may include, but are not limited to, race, ethnicity, gender, sexual orientation, religion, economic status, age, and cultural group. <1.2.9 a.>
  2. Reasonable Suspicion: Knowledge sufficient to cause a reasonable person with police training and experience to conclude, given the totality of the circumstances, that criminal activity may have occurred, is occurring, or is being planned.
  3. Probable Cause: A reasonable belief by a trained law enforcement professional that a person has committed, is committing, or is planning to commit a crime or that a place or specific physical evidence is connected with a crime; it is more than a suspicion, but less than any standard required for a criminal conviction.

IV. PROCEDURES

  1. Department members will not consider the common traits of a group to establish reasonable suspicion nor probable cause EXCEPT when the reported trait of specific suspects based on credible, reliable, and current information links a person to a specific crime or series of crimes in a specific area. <1.2.9 a.>
  2. Professionalism in the provision of police services is paramount. Department members will:
    1. Be courteous.
    2. Explain the reason for the contact as soon as practical, unless providing this information will compromise safety.
    3. Ensure that the length of any detention is no longer than required to take appropriate action for the known or suspected offense.
    4. Answer any questions of the citizen contacted, if possible.
    5. Provide citizens with court dates and explanations of options for criminal and traffic summonses.
    6. Provide name, badge number and supervisor's name, if requested, in writing, preferably by use of a Department business card.
    7. Apologize and explain if it is determined that the reasonable suspicions were unfounded.
  3. Training
    Police officers will receive initial biased policing training during training at the South Carolina Criminal Justice Academy. In addition, all officers will receive annual in-service training in the area of biased policing and legal aspects as part of the in-service training schedule. <1.2.9 b.>
  4. Authority and Responsibility <1.2.9 c.>
    1. Any Department member who believes that a violation of the policy and procedures contained in this general order has occurred will immediately notify a supervisor.
    2. All supervisors will monitor and examine the activities of their subordinates to ensure compliance with the policy and procedures contained in this general order.
    3. All reports or complaints of discriminatory practices of any kind will be documented and submitted to the Internal Affairs Supervisor.
    4. Reports or complaints of discriminatory practices will be investigated in accordance with General Order Chapter 52, Section #1.01 (Internal Affairs).
    5. Failure to report any observed or suspected violation may result in disciplinary action.
  5. Annual Review <1.2.9 d.>
    The Professional Standards Unit will conduct an annual review of agency activities in regard to biased policing, including:
    1. An administrative log of any complaints and their status;
    2. An explanation of any corrective action taken;
    3. Recommendations for training needs;
    4. A summary of any citizen concerns; and 
    5. Recommendations for policy changes.

BY ORDER OF: 

Chris Watts
Chief of Police

<CALEA Standards: 1.2.9 a. - d.>