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Spurred by discussions with Police Monitor Margo Frasier over how frequently black and Hispanic residents are searched during traffic stops in Austin, Police Chief Art Acevedo on Thursday announced a new policy requiring officers to get written consent for vehicle searches.

Acevedo's announcement came the same day Frasier unveiled her office's 2011 annual report on Austin Police Department practices. For the second year in a row, the report revealed that the vehicles of black and Hispanic drivers are searched more frequently during traffic stops than those of white drivers.

One out of every 8 traffic stops involving a black driver included a police search, compared with 1 out of 28 stops involving white drivers, according to the report. Similarly, Hispanic drivers were searched in 1 out of every 10 traffic stops. About 180,000 people were stopped last year, Frasier said.

However, the 93-page report notes "there is virtually no difference in the likelihood of contraband being discovered within the three groups."

Acevedo said he hopes the policy requiring written consent for searches will build stronger criminal cases because it helps eliminate vagueness over whether someone consented. Asked whether he thinks the new policy will affect the rates at which minority residents' vehicles are searched, Acevedo said he is not concerned about numbers.

"I'm just worried that we're doing everything we can to make sure people understand their rights," he said. "We take away any question ... of people saying, ‘I didn't know I could say no.' "

Acevedo said the new policy, which will go into effect next month, will require officers to present a form to motorists written in English and Spanish that explains they have the right to decline a search of their vehicle during a traffic stop. Acevedo said that if someone is unable to read, the form will be read to them.

"It is going to ensure that when they give consent, it is better-formed consent," Acevedo said Thursday in a joint press conference with Frasier. He said it is a common practice at many departments across the country. Currently, Austin officers are required to record consent on video.

If a person refuses to consent and an officer finds no probable cause to conduct a search — such as smelling marijuana or seeing a weapon inside the car — they and the officer go on their way, Acevedo and Frasier said.

"The public often doesn't understand you do not have to consent to a search," Frasier said. "If an officer has probable cause, that officer will search you, but you have the right to refuse " otherwise, she said.

The police monitor's office revealed similar findings about traffic stops last year. That data was disputed by police officials, who said it does not reflect where stops and searches occur or where police resources are deployed. Acevedo also said last year that the report did not differentiate between instances where a suspect agrees to be searched and instances where an officer has probable cause for a search.

Acevedo said he feels the high rate of searches of minorities — greater than their representation in the total population — does not suggest racial profiling. Black residents also file complaints at a rate almost five times greater than their representation in the voting age population, the report said.

Acevedo said the department increases operations in high-crime areas, many of which, he said, "tragically, are really areas occupied in terms of residency by people of color."

"It should not come as a surprise that when that happens, we're going to have many more contacts" with residents, he said.

The latest report also found the total number of times the police monitor's office was contacted by residents wanting to make complaints against police officers fell in 2011, as did the number of total complaints filed. The report said 717 complaints were filed last year, compared with 753 in 2010 and 913 in 2009. Those numbers include formal complaints to be handled by internal investigators, as well as "supervisory inquiries," which are less serious and are handled by an officer's chain of command.

Only about half the people who call the office end up filing complaints, Frasier said. She said the vast majority of complaints filed against officers dealt with courtesy and rudeness. Most complaints came from the downtown area and East Austin. Only about 50 complaints dealt with use of force, which the report noted was low for a department with more than 1,700 recorded uses of force in 2011.

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King Klick said:
This may sound weird, but ever consider that they're doing something to protect the rights of citizens? I think it's a good idea. Not allowing consent is not a probable cause in any way.

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MushMaster said:

Anyone havve any other views or even better statistics on cops and how frequently they back down (calling in the dogs) when a person refuses a search?

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CidneyIndole said:

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MushMaster said:

Anyone havve any other views or even better statistics on cops and how frequently they back down (calling in the dogs) when a person refuses a search?

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In a traffic stop, police are only allowed to detain you as long as it takes to run your information, write a ticket, etc. If they hold you longer than this it is considered a field arrest.

So if you refuse a search, (theoretically, constitutionally) they can not make you sit there if they are finished running your info / ticketing you, unless they have very serious probable cause that you have contraband. I believe a cocaine trafficking case was won by the defendant on this premise.

After you politely refuse a search, it is best to ask: "Am I free to go, sir?"

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tdubz said:
There are cases that say they can only hold you long enough to write a ticket and do a background check for warrants ect....but a lot of it really depends on the circumstances of the stop ect if you have had priors, how long will it take for the dog to arrive....

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King Klick said:
Am i being detained or am i free to go? But what if the cop says no? They can say no can't they?

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King Klick said:

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CidneyIndole said:

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MushMaster said:

Anyone havve any other views or even better statistics on cops and how frequently they back down (calling in the dogs) when a person refuses a search?

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In a traffic stop, police are only allowed to detain you as long as it takes to run your information, write a ticket, etc. If they hold you longer than this it is considered a field arrest.

So if you refuse a search, (theoretically, constitutionally) they can not make you sit there if they are finished running your info / ticketing you, unless they have very serious probable cause that you have contraband. I believe a cocaine trafficking case was won by the defendant on this premise.

After you politely refuse a search, it is best to ask: "Am I free to go, sir?"

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Am i being detained or am i free to go? But what if the cop says no? They can say no can't they?

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yes, they can still detain you.  if you refuse a search, they can call a dog to sniff the vehicle.  in AK, there is a 30 minute wait-period.  it took 26 minutes for the dog to arrive the time i was stopped and detained.  the officer felt like i had firearms on me, being in a southern state.  i had a sleeping bag and pillow and in the back.  that can be seen as suspicious, as if you're trying to cover something in the back.

the dog hit on nothing cause there was nothing to hit on.  i lost 45 minutes of drive time, received a citation for my "offense", and went on my way

i learned from that have the backseat clear and open for viewing, if possible, as well as the floor of the front seat(s)


another time driving through the 57 "drug corridor" just outside st. louis, i was pulled over because of the state my tags were from.  he claimed speeding, but my cruise was set at the speed limit with people passing me in the left hand lane

dog was called.  "hit" on marijuana (go figure, he knew specifically which one it was, though he verbally claimed his dog could smell several things).  nothing to be found, so after my car being torn apart, losing almost an hour of travel time, and having been enraged for my rights being violated.

both times i refused consent (both made me refuse it three times verbally before calling a dog).  i have a clean driving record/criminal record, with only a speeding ticket from 10 years ago.  insurance, vehicle is in proper working order.  both times during the day

i'm a white male, with no distinctive features, short-ish hair, etc....not a "drug person" type car






edit:  i fully support what the austin PD is doing with obtaining written consent, and i think every jurisdiction should adopt this

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luvdemshrooms said:
Not if you live in the US.

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luvdemshrooms said:
Not if you live in the US.

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