Racial Profiling – a Reality in Texas?
(Circular 99-0811-160, ‘Collection of Officer –initiated Contact Data") 11 August 1999 with the rationale "No person should be targeted by law enforcement because of their gender or color of their skin . . .HPD is taking a leading role in defining methods to guard against the use of racial profiling as a basis for stopping or searching individuals. From this data, research will be conducted to determine if localized or systemic etc ..." On September 1, 2001, the Texas Legislature enacted Chapter 2. Articles 2.131 through 2.137 of the Texas Code of Criminal Procedure making racial profiling illegal and requiring law enforcement officers to record certain data about detentions they effect while acting in their official capacities".
"Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means a law enforcement initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity."
The Code of Criminal Procedure also defines "motor vehicle stop" and "race or ethnicity"
(2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an alleged violation of law or ordinance.
(3) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, Native American, or Middle Eastern descent.
As of the latest revision (2009), additional information are required such as : initial reason for the stop; whether the officers knew the race or ethnicity of the person detained before the traffic stop was initiated; whether any contraband or evidence was discovered as a result of the search; a description of discovered contraband; the reason for the search (such as probable cause or plain view) ; whether officer made an arrest or issued a warning or citation; whether the arrest was based Penal Code , traffic or ordinance violation or outstanding warrant. It mandated reporting of data to the state through the Texas Commission on Law Enforcement Officer Standards and Education (TCEOSE) (Reference: Houston Police Department ANNUAL RACIAL PROFILING ANALYSIS 2012)
The Report cited above stated that there were two allegations of racial profiling in 2012. Both were investigated. One case was classified as unfounded (allegation was false or not factual), while the other was classified as not sustained (meaning insufficient evidence to either prove or disprove the allegation).
Criminal defense attorneys need to know how this works because it is essential to the defense that police follow the specified steps in the Code of Criminal Procedure, whether for drug offenses or mere traffic violation, or other alleged crimes. Familiarity with this law in the illegal immigration setting is important too.
"Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means a law enforcement initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity."
The Code of Criminal Procedure also defines "motor vehicle stop" and "race or ethnicity"
(2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an alleged violation of law or ordinance.
(3) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, Native American, or Middle Eastern descent.
As of the latest revision (2009), additional information are required such as : initial reason for the stop; whether the officers knew the race or ethnicity of the person detained before the traffic stop was initiated; whether any contraband or evidence was discovered as a result of the search; a description of discovered contraband; the reason for the search (such as probable cause or plain view) ; whether officer made an arrest or issued a warning or citation; whether the arrest was based Penal Code , traffic or ordinance violation or outstanding warrant. It mandated reporting of data to the state through the Texas Commission on Law Enforcement Officer Standards and Education (TCEOSE) (Reference: Houston Police Department ANNUAL RACIAL PROFILING ANALYSIS 2012)
The Report cited above stated that there were two allegations of racial profiling in 2012. Both were investigated. One case was classified as unfounded (allegation was false or not factual), while the other was classified as not sustained (meaning insufficient evidence to either prove or disprove the allegation).
Criminal defense attorneys need to know how this works because it is essential to the defense that police follow the specified steps in the Code of Criminal Procedure, whether for drug offenses or mere traffic violation, or other alleged crimes. Familiarity with this law in the illegal immigration setting is important too.
