DIRECTIVE 1 Appendix 1-H

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1 NEW CASTLE COUNTY POLICE Non-Biased Policing DIRECTIVE 1 Appendix 1-H (REVISED JULY 29, 2021)

2 New Castle County Division of Police Non-Biased Policing Purpose: It is the policy of the New Castle County Division of Police that bias-based policing in law enforcement, also referred to as racial and ethnic profiling, is unacceptable and will not be tolerated within our agency. The Division provides guidelines to its sworn personnel to prevent this practice and to protect our officers, acting within established legal confines and Divisional policy, from unwarranted accusations thereof. Divisional resources including the police activity report and related statistical tools will be fully utilized to guard against bias-based enforcement in traffic stops, field contacts, asset seizure/forfeiture proceedings and other spheres of policing. The Constitution of the United States provides a fundamental guarantee of equal protection under the law to all who reside in this nation. Likewise, there is also included therein the protection from unreasonable searches by government agents, which include police officials. This freedom from unreasonable searches extends to persons, automobiles and dwellings. So long as they obey the law, citizens are free to walk and drive the roadways and other places without police interference. The New Castle County Division of Police is charged with protecting these rights for everyone, regardless of race, color, ethnicity, gender, physical handicap or religion. Law enforcement officers are required to be observant, to identify unusual circumstances and violations of the law, and to act upon them. Proactive enforcement of this type keeps our citizens free from criminal acts, keeps our roadways safe and helps to detect and apprehend criminals. This policy is established to assist our officers in accomplishing our mission statement in a manner that respects the dignity of all persons with whom they have contact. Furthermore, this policy should be viewed in the context of ensuring professional motor vehicle and pedestrian stops and other field contacts. This policy will be supported by ongoing training, data collection and analysis, supervisory monitoring, quality control reviews and citizen satisfaction surveys. While our Division is not presently under criticism for this important issue in law enforcement, our failure to collect, interpret and respond to data relevant to this bias-based policing may result in civil liability for the Division and its individual officers. Policy: It is the policy of this Division to police our jurisdiction in a proactive manner, to aggressively investigate suspicious persons and circumstances, and in doing so, to actively enforce criminal and traffic statutes. Citizens will only be stopped and/or detained when there is reasonable suspicion they have committed, are committing or are about to commit a definable infraction of the law. This reasonable suspicion may be based upon the officer s observations combined with his/her training and experience, and/or reliable information provided by a source external to the Division of Police.

3 No member of the Division shall stop or detain any citizen due to their race, color, ethnicity, gender, or religion. PROCEDURE: 1. Training: Police officers will receive initial academy instruction and ongoing in-service training in proactive enforcement methods, including training in officer safety, courtesy, cultural diversity, biased based policing, search and seizure laws and interpersonal communications skills. These courses of instruction will emphasize that citizens have the right to be free from unreasonable police action. 2. Identifying Enforcement Areas The Division s policing efforts will include the assignment of officers in those areas where crime analysis studies indicate crimes are occurring or are likely to occur. The Information and Analysis Unit will provide crime statistical data and calls for service to assist in the determination of appropriate personnel assignments and in the evaluation of deployment strategies. Similarly, traffic enforcement activities, apart from violations observed on routine patrol by officers, will be undertaken on roadways demonstrated as being high accident areas and/or identified by citizen reports of repeated traffic violations. 3. Traffic Stops and Field Contacts: a. Traffic enforcement will be tempered by consistent, ongoing supervisory oversight to ensure officers do not exceed the limits of reasonableness in conducting enforcement efforts b. Motorists and pedestrians shall only be subjected to stops, detentions and seizures upon reasonable suspicion that they have committed, are committing or are about to commit an infraction. The details of each stop (location and description of vehicle/person being stopped) shall be recorded with RECOM and entered on the officer s daily activity report. c. Under no circumstances should an officer ask a person s race or ethnic background for the sole purpose of completing a block on the citation or other form, as such questions may be offensive to the person who is stopped. officers are encouraged to do the best they can at ascertaining this information via their personal observations and documents they are provided in the context of the stop d. While our Division recognizes that seasoned officers may develop individualized approaches that work best for them, the following is recommended for interaction with the violator on such stops: (1). Provide a greeting and Identify yourself (2). Politely request identification and other necessary documents (3). Identify the reason for the stop

4 (4). It may defuse tension to ask the motorist if there was some reason for the violation. This interaction will allow the violator to express themselves and break down communication barriers, as well as leading to an admission on their part. Furthermore, this will preclude a motorist from using an alternate excuse in subsequent legal proceedings. (5). After completing the appropriate paperwork, inform the operator as to what action is being taken and their responsibility (mail in a fine, appear in court, etc.) (6). Offer a polite closing to the contact. Do not use a trite expression that might further enflame the situation such as Have a nice day. (7). Ensure that the driver is able to merge safely back into traffic e. Appropriate enforcement, based on sound officer discretion, should always be completed, generally in the form of a warning, citation or arrest. Field contacts should also be detailed on Field Service Reports (formally Crime Prevention Checks). 4. Documentation a. The proper form must be filled out by the officer, and shall include the gender, race or ethnicity of the person stopped, if this information can reasonably be ascertained by physical appearance or from documents produced by the individual who is stopped. No officer should ask for a person s race or ethnic background for the sole purpose of completing a block on a citation or other form. b. All self-initiated activity shall be recorded on the police activity report the following sections must be completed: (1). Case Number (2). Driver race, ethnicity and age (3). Passenger sex, race and ethnicity (must be completed for ALL persons present) (4). Reason for stop (5). Type of Search conducted (if any) (6). Disposition c. The deliberate recording of any misleading information or purposeful failure to include information related to the actual or perceived race, ethnicity or gender of a person stopped for investigative or enforcement purposes will not be tolerated and is cause for disciplinary action, up to and including dismissal. NOTE: Reference Appendix 1-F Police Activity Report

5 5. Complaints of Biased Based Policing As with any other type of alleged misconduct, any person may file a complaint with the Division if he/she believes they were the victim of racial, ethnic, or gender-based profiling. No person shall be discouraged, coerced or intimidated from the filing of such a complaint. Members of the Division shall ensure that any complaint received is forwarded to a supervisor for the appropriate referral. Supervisors receiving such complaints shall forward same to the Professional Standards Unit for appropriate referral and followup. 6. Reporting On at least an annual basis, the Professional Standards Unit shall file with the Chief of Police a review of all Division programs and practices regarding biased-based policing. The report shall contain a summary of all such complaints for the year, including the findings thereof (i.e. sustained, not sustained, unfounded, exonerated, etc.). Supervisory personnel shall conduct an ongoing review of their respective personnel to ensure that there is no apparent presence of bias-based policing on the part of his/her respective personnel.

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