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HomeMy WebLinkAboutPolicy 221 - Bias Based Profiling OSHKOSH POLICE DEPARTMENT POLICY AND PROCEDURE TITLE: BIAS BASED PROFILING POLICY SERIES: 221 Effective Date: February 21, 2021 Date Issued: February 21, 2021 Chief of Police: Dean Smith Date Signed: February 21, 2021 (signature on file) Statutory Reference: CALEA Standard: 1.2.9 Final Review Completed: March 29, 2018 Review By: Command Staff / PSD Lieutenant Rescinds Policy Dated: December 27, 2019 221.01 Policy 221.02 Background 221.03 Definitions 221.04 General Provisions 221.05 Procedures 221.06 Training 221.07 Review 1 221.01 POLICY A. The Oshkosh Police Department does not condone, nor will it tolerate, bias based profiling, race-based generalizations and acts, racial profiling, uttering racial epithets, or making law enforcement decisions based on race. 221.02 BACKGROUND A. Officers have a broad range of discretion when performing their official duties. Decisions to make traffic contacts, to detain and investigate, search and seize property, and to take enforcement action are among the most common. It is important for this agency to be fair and impartial in law enforcement. The mission and values of the Oshkosh Police Department emphasize service, courtesy, ethics, diversity and cultural awareness. These values and goals specifically preclude behavior and activities that would negatively generalize about people on the basis of gender, race, ethnicity, sexual orientation, religion, economic status, age or cultural groups. 221.03 DEFINITIONS A. Biased Policing: The selection of an individual(s) for enforcement action based in whole or in part on a trait common to a group, without actionable intelligence to support consideration of that trait. This includes, but is not limited to, race, ethnic background, national origin, gender, sexual orientation/identity, religion, economic status, age, cultural group, or any other identifiable characteristics. B. Probable Cause: The quantum of evidence that would lead a reasonable police officer to believe that the defendant probably committed a crime. It is not necessary that the evidence be sufficient to prove guilt beyond a reasonable doubt, nor must it be sufficient to prove that guilt is more probable than not. C. Racial-Profiling: Any police initiated action that relies upon race, ethnicity or national origin of an individual rather than the behavior of that individual, or information that leads the police to a particular individual who has been identified as being engaged in or having been engaged in criminal activity. 1. Two related principles follow from adopting this definition of racial profiling: a. Police may not use racial or ethnic stereotypes as factors in selecting whom to stop and whom to search. b. Police may use race or ethnicity to determine whether a person matches a specific description of a particular suspect. 2 D. Race-based Generalizations: Broad, stereotypical conclusions about a person based on race or ethnicity. E. Racial Epithets: Derogatory phrases and terms, which are used to describe a F. Reasonable Suspicion: Specific and articulable facts that would lead a reasonable officer to suspect that a law violation is about to take place, is taking place, or just took place. 221.04 GENERAL PROVISIONS A. Law enforcement decisions to stop, detain, question, investigate, search, seize, warn or arrest an individual are to be made on the basis of reasonable suspicion or probable cause and not based on the gender, race, ethnicity, religion, sexual orientation, economic status, age or cultural group of the people involved. B. Officers may use gender, race, or ethnicity when such individual factors are previously identified characteristics of a person whom officers are lawfully attempting to locate. C. Racial epithets shall not be used in conversation or in written and electronic communications unless they are being reported or spoken by another person during the completion of an official report or as testimony at an official hearing. 221.05 PROCEDURES A. All personnel shall avoid race-based and bias based generalizations and acts that contribute to negative personal and community relations. All personnel shall: 1. Treat all persons contacted with the respect and dignity. 2. Take enforcement action based upon reasonable suspicion or probable cause. 3. Refrain from using inappropriate phrases or terms. 4. Report all infractions by co-workers to his or her immediate supervisor. Supervisors shall then report the infractions to a member of the command staff as soon as practical. B. Supervisors shall document reports of infractions to this policy according to the procedures outlined in Policy 103 Complaints against Department Policies, Procedures and Employees. 3 221.06 TRAINING A. The Lieutenant of Professional Standards Division shall ensure that policy training is conducted with sworn officers and civilian employees when this policy is issued to them. In addition, sworn officers will be trained on this policy annually at roll call briefings and/or In-Service training. 221.07 REVIEW A. An annual review of this policy and agency practices relating to this policy, including citizen concerns, will be conducted by the Lieutenant of Professional Standards Division and a report submitted to the Chief of Police. 4