(a) Policy. The West Virginia legislature has declared that racial profiling, as a law enforcement tactic is contrary to public policy and should not be used as an investigative strategy. No officer employed by the Eleanor Police Department shall engage in racial profiling. At the same time, it is the policy of the Town of Eleanor to patrol in a proactive manner, to aggressively investigate suspicious persons and circumstances, and to actively enforce all laws. The Town of Eleanor insists, however, that citizens 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.
(b) Purpose. The purpose of this policy is to unequivocally state that profiling based solely on race in law enforcement is unacceptable, to provide guidelines for officers to prevent racial profiling, and to protect our officers from unwarranted accusations when they act within the dictates of the law and policy.
(c) Procedures.
(1) Definitions.
A. Racial profiling. The practice of a law enforcement officer relying, to any degree, on race, ethnicity, or national origin in selecting which individuals to subject to routine investigatory activities, or in deciding upon the scope and substance of law enforcement activity following the initial routine investigatory activity. Racial profiling does not include reliance on race, ethnicity, or national origin in combination with other identifying factors when the law enforcement officer is seeking to apprehend a specific suspect whose race, ethnicity, or national origin is part of the description of the suspect.
B. Reasonable suspicion. Also known as articulable suspicion, suspicion that is more than a mere hunch, but is based on a set of articulable facts and circumstances that would warrant a person of reasonable caution in believing that an infraction of the law has been committed, is about to be committed, or is in the process of being committed, by the person or persons under suspicion. This can be based on the observation of a police officer combined with his or her training and experience, and/or outside sources.
(2) Operations.
A. The Eleanor Police Department will be directed toward assigning patrol officers to those areas where there is the highest likelihood that motor vehicle accidents will be reduced and or crimes prevented through proactive patrol.
B. Officers should receive training in proactive enforcement tactics, including training in officer safety, courtesy, cultural diversity, the laws governing search and seizure, and interpersonal communication skills.
C. Training programs should emphasize the need to respect the rights of all citizens to be free from unreasonable government intrusion or police action.
D. Supervisory oversight will be provided consistently to ensure that officers comply with this policy.
E. Citizens shall only be subject to traffic stops, stop and frisks, questioning, search and seizures upon reasonable suspicion that they have committed, are committing, or are about to commit an infraction.
F. The Eleanor Police Department recognizes that with experience, individual officers may develop individualized approaches that they find work best for them in minimizing conflict during officer/violator contacts. Given some better approach, the following is recommended, in the order specified below:
1. Give a greeting, such as "Good Morning ma'am" or sir, etc.
2. State the reason why the person was stopped.
3. Politely ask for identification and any required documents.
4, After completing any necessary paperwork, inform the citizen as to what action is being taken and what, if any, the person must do as a result.
5. Be polite within the realm of reasonableness while paying attention to officer security. Never use the trite expression, " Have a nice day".
G. No citizen, 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. In each case where a search is conducted, this information shall be recorded, including the legal basis for the search, and the results thereof. A case report or incident report shall be initiated for each search.
H. In the absence of a specific, credible report containing a physical description, a person's race shall not be a factor in determining probable cause for an arrest or reasonable suspicion for a stop.
I. If at any time the citizen expresses concern or alludes to racial profiling the officer shall continue his duty, search, etc. In addition:
1. The officer shall notify his immediate supervisor of the incident as soon as possible.
2. The officer shall explain to the citizen the process of filing a complaint with the Chief Administrative Officer.
(3) Complaints of Racial/Ethnic Profiling.
A. Any person may file a complaint with the Town of Eleanor if they feel they have been subject to racial profiling, and no person shall be discouraged, intimidated, or coerced from filing such a complaint, or discriminated against because they have filed such a complaint.
B. Any officer contacted by a person who wishes to file such a complaint, shall provide the citizen with the name and number of the officer who receives complaints. The officer shall make an effort to gain the name and address of the citizen requesting the information. This information shall be given to the officer who receives complaints before completion of the officer's shift.
C. Any officer receiving a written report shall mark same with a date and time notation and forward it to the officer who receives complaints. Receipt of the complaint shall be acknowledged in writing.
D. All racial profiling complaints shall be reviewed and an investigation conducted by the Police Commission. The resulting report, with the Commission's conclusion, shall be filed with the Chief Administrative Officer, and may contain suggestions for disciplinary action or changes in policy, training, or tactics. The complainant shall be notified in writing of the results and findings of the investigation.
E. Supervisors shall review complaints, periodically review a sampling of in car video tapes of stops, reports filed on stops by officer, and respond at random to back up officers, and shall take appropriate action whenever it appears that this policy is being violated, being particularly alert to any pattern of practice of possible discriminatory treatment by individual officers.
F. Officers who engage in racial profiling will be disciplined in accordance with departmental policy and civil rules as appropriate.
(Ord. 02-04. Passed 9-19-02.)