New Jersey Attorney General issues a lengthy and controversial Report on racial profiling by state troopers (April 1999).
STATE OF NEW JERSEY
Department of Law and Public Safety
http://www.state.nj.us/lps/
SELECTED HIGHLIGHTS OF THE INTERIM REPORT
OF THE STATE POLICE REVIEW TEAM
REGARDING ALLEGATIONS OF RACIAL PROFILING
Released: April 20, 1999
This Interim Report is limited to the examination of the practice commonly referred to as racial profiling. The Report specifically focuses on activities of state troopers assigned to patrol the New Jersey Turnpike, which is considered to be a major drug corridor. This circumstance provides the incentive and opportunity for the State Police to use drug interdiction tactics that appear to be closely linked to the national racial profiling controversy. [Report p. 2]
Although this is only an Interim Report and is not the final material that will be developed on this subject, it represents a major step, signaling a recognition of the problem and proposing significant changes in State Police practices and procedures. [Report p. 3]
The Review Team believes that the great majority of state troopers are honest, dedicated professionals who are committed to enforcing the laws fairly and impartially. The Review Team has determined that the State Police has not issued or embraced an official policy to engage in racial profiling or any other discriminatory enforcement practices. In fact, the State Police has undertaken a number of steps to prohibit racial profiling, including issuing Standard Operating Procedures banning such practices; providing in-service training programs and bulletins; requiring state troopers to have reasonable suspicion before requesting permission to search thereby imposing a prerequisite to consent searches that goes beyond the requirements of state or federal caselaw; and prohibiting the patrol tactic of spotlighting the occupants of motor vehicles at night before deciding whether to initiate a stop. [Report, pp. 3-4]
Despite these official policies and preventative steps, the Interim Report concludes that the problem of racial profiling is real and that minority motorists have been treated differently than non-minority motorists during the course of traffic stops on the New Jersey Turnpike. The problem is more complex and subtle than has generally been reported. [Report p. 4]
The Interim Report recognizes that to a large extent, conclusions concerning the nature and scope of the problem will depend on the definitions that are used.
The Review Team has chosen to define the problem of disparate treatment to include the reliance by a state trooper on a person's race, ethnicity, or national origin in conjunction with other factors in selecting vehicles to be stopped from among the universe of vehicles being operated in violation of the law or in making any discretionary decision during the course of a traffic stop, such as ordering the driver or passengers to step out; subjecting the occupants to questions that are not directly related to the motor vehicle violation that gave rise to the stop; summoning a drug-detection canine to the scene; or requesting permission to conduct a consent search of the vehicle and its contents. [Report p. 5]
The Interim Report reveals two interrelated problems that may be influenced by the goal of interdicting illicit drugs: {1} willful misconduct by a small number of State Police members, and {2} more common instances of possible de facto discrimination by officers who may be influenced by stereotypes and thus may tend to treat minority motorists differently during the course of routine traffic stops, subjecting minority motorists more routinely to investigative tactics and techniques that are designed to ferret out illicit drugs and weapons. [Report p. 7]
The issues and problems addressed in the Interim Report are not limited to the New Jersey State Police. Because this Interim Report embraces a broad definition of the problem of racial profiling and disparate treatment, the specific remedial action steps described in this Interim Report are offered as a guide to other state and local jurisdictions where the racial profiling controversy has surfaced. This Interim Report goes further than any other jurisdiction to date in facing up to this national problem and in proposing the establishment of multi-faceted systems to ensure that laws are enforced impartially by State Police members assigned to patrol duties. [Report p. 9]
The Review Team recommends that a clear policy for the New Jersey State Police be announced providing that race, ethnicity, and national origin may not be considered at all by State Police members in selecting vehicles to be stopped and in exercising police discretion during the course of a traffic stop, other than in determining whether a person matches the general description of one or more known suspects. This proposed policy goes beyond the requirements of federal law. [Report, pp. 12, 52-56]
The Interim Report describes the sequence of steps that may occur during a typical traffic stop on the New Jersey Turnpike. This is done to demonstrate the decision points that can arise during a traffic stop where a state trooper must exercise reasoned discretion. [Report, pp. 13-22]
The Interim Report describes compiled statistics for stops, arrests, and consent searches conducted by State Police members assigned to patrol the New Jersey Turnpike.
These data show that 59.4% of stops that were examined involved whites, slightly more than one out of every four [27.0%] stops involved a black person, 6.9% involved a Hispanic individual, 3.9% involved an Asian person, and 2.8% were identified as other. [Report, pp. 25-26]
The data reveal that very few stops [0.7%] result in the search of a motor vehicle. The available data indicate that the overwhelming majority of these searches [77.2%] involved black or Hispanic persons. Specifically, 21.4% of these searches involved a white person, more than one-half [53.1%] involved a black person, and one of every four [24.1%] involved a Hispanic person. [Report, pp. 26-27]
32.5% of arrests involved white persons, 61.7% involved African-Americans, and 5.8% involved persons of other races. [Report, pp. 29-30]
Based upon the foregoing statistical information, the Review Team made several observations:
Minority motorists were disproportionately subject to consent searches. The data concerning consent searches were deemed to be especially instructive because the decision by a trooper to ask for permission to conduct a search is a discretionary one. Given the concerns engendered by this data, the Review Team proposed that the State Police undertake a case-by-case review of every consent search that was conducted on the Turnpike in 1997 and 1998 to determine whether the searches were conducted in accordance with all applicable State Police Standard Operating Procedures and the requirements of law. [Report, pp. 30-31]