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MANOR POLICE DEPARTMENT
Policy 2.2 Bias Based Policing
Effective Date: 9/2/2016
Replaces: Racial Profiling
Reference: TBP 2.01
We are committed to a respect for constitutional rights in the performance of our duties. Our success is based on the respect we give to our communities, and the respect members of the community observe toward law enforcement. To this end, we shall exercise our sworn duties, responsibilities, and obligations in a manner that does not discriminate on the basis of race, sex, gender, sexual orientation, national origin, ethnicity, age, or religion. Respect for diversity and equitable enforcement of the law are essential to our mission.
All enforcement actions shall be based on the standards of reasonable suspicion or probable cause as required by the Fourth Amendment to the U. S. Constitution and by statutory authority. In all enforcement decisions, officers shall be able to articulate specific facts, circumstances, and conclusions that support probable cause or reasonable suspicion for arrests, searches, seizures, and stops of individuals. Officers shall not stop, detain, arrest, search, or attempt to search anyone based solely upon the person's race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group, or any other identifiable group.
All departmental orders are informed and guided by this directive. Nothing in this order limits non-enforcement contacts between officers and the public.
PURPOSE The purpose of this order is to provide general guidance on reducing the presence of bias in law enforcement actions, to identify key contexts in which bias may influence these actions, and emphasize the importance of the constitutional guidelines within which we operate.
Most of the following terms appear in this policy statement. In any case, these terms appear in the larger public discourse about alleged biased enforcement behavior and in other orders. These definitions are intended to facilitate on-going discussion and analysis of our enforcement practices.
Bias: Prejudice or partiality based on preconceived ideas, a person's upbringing, culture, experience, or education.
Biased policing: Stopping, detaining, searching, or attempting to search, or using force against a person based upon his or her race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group, or any other identifiable group.
Ethnicity: A cluster of characteristics that may include race but also cultural characteristics or traits that are shared by a group with a common experience or history.
Gender: Unlike sex, a psychological classification based on cultural characteristics or traits.
Probable cause: Facts or apparent facts and circumstances within an officer's knowledge and of which the officer had reasonable, trustworthy information to lead a reasonable person to believe that an offense has been or is being committed, and that the suspect has committed it.
Race: A category of people of a particular decent, including Caucasian, African, Hispanic, Asian, Middle Eastern, or Native American descent. As distinct from ethnicity, race refers only to physical characteristics sufficiently distinctive to group people under a classification.
Racial profiling: 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.
Reasonable suspicion: Articulable, objective facts that lead an experienced officer to suspect that a person has committed, is committing, or may be about to commit a crime. A well-founded suspicion is based on the totality of the circumstances and does not exist unless it can be articulated. Reasonable suspicion supports a stop of a person. Courts require that stops based on reasonable suspicion be "objectively reasonable."
Sex: A biological classification, male or female, based on physical and genetic characteristics.
Stop: An investigative detention. The detention of a subject for a brief period of time, based on reasonable suspicion.
Officers are prohibited from engaging in bias-based profiling or stopping, detaining, searching, arresting, or taking any enforcement action including seizure or forfeiture activities, against any person based solely on the person’s race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group, or any other identifiable group. These characteristics, however, may form part of reasonable suspicion or probable cause when officers are seeking a suspect with one or more of these attributes. (TBP: 2.01)
Investigative detentions, traffic stops, arrests, searches, and property seizures by officers will be based on a standard of reasonable suspicion or probable cause in accordance with the Fourth Amendment of the U.S. Constitution. Officers must be able to articulate specific facts and circumstances that support reasonable suspicion or probable cause for investigative detentions, traffic stops, subject stops, arrests, nonconsensual searches, and property seizures. Except as provided in number 3, officers shall not consider race/ethnicity in establishing either reasonable suspicion or probable cause. Similarly, except as provided below, officers shall not consider race/ethnicity in deciding to initiate even those nonconsensual encounters that do not amount to legal detentions or to request consent to search.
Officers may take into account the reported race or ethnicity of a specific suspect or suspects based on trustworthy, locally relevant information that links a person or persons of a specific race/ethnicity to a particular unlawful incident(s). Race/ethnicity can never be used as the sole basis for probable cause or reasonable suspicion. Except as provided above, reasonable suspicion or probable cause shall form the basis for any enforcement actions or decisions. Individuals shall be subjected to stops, seizures, or detentions only upon reasonable suspicion that they have committed, are committing, or are about to commit an offense. Officers shall document the elements of reasonable suspicion and probable cause in appropriate reports.
Officers shall observe all constitutional safeguards and shall respect the constitutional rights of all persons.
As traffic stops furnish a primary source of bias-related complaints, officers shall have a firm understanding of the warrantless searches allowed by law, particularly the use of consent. How the officer disengages from a traffic stop may be crucial to a person's perception of fairness or discrimination.
Officers shall not use the refusal or lack of cooperation to justify a search of the person or vehicle or a prolonged detention once reasonable suspicion has been dispelled.
All personnel shall treat everyone with the same courtesy and respect that they would have others observe to department personnel. To this end, personnel are reminded that the exercise of courtesy and respect engenders a future willingness to cooperate with law enforcement.
Personnel shall facilitate an individual’s access to other governmental services whenever possible, and shall actively provide referrals to other appropriate agencies.
All personnel shall courteously accept, document, and forward to the Chief of Police any complaints made by an individual against the department. Further, officers shall provide information on the complaint’s process and shall give copies of "How to Make a Complaint" when appropriate.
When feasible, personnel shall offer explanations of the reasons for enforcement actions or other decisions that bear on the individual’s well-being unless the explanation would undermine an investigation or jeopardize an officer's safety.
When concluding an encounter, personnel shall thank him or her for cooperating.
When feasible, all personnel shall identify themselves by name. When a person requests the information, personnel shall give their departmental identification number, name of the immediate supervisor, or any other reasonable information.
All personnel are accountable for their actions. Personnel shall justify their actions when required.
Supervisors shall be held accountable for the observance of constitutional safeguards during the performance of their duties. Supervisors shall identify and correct instances of bias in the work of their subordinates.
Supervisors shall use the disciplinary mechanisms of the department to ensure compliance with this order and the constitutional requirements of law enforcement.
Supervisors shall be mindful that in accounting for the actions and performance of subordinates, supervisors are key to maintaining community trust in law enforcement. Supervisors shall continually reinforce the ethic of impartial enforcement of the laws, and shall ensure that personnel, by their actions, maintain the community's trust in law enforcement.
Supervisors are reminded that biased enforcement of the laws engenders not only mistrust of law enforcement, but increases safety risks to personnel. Lack of control over bias also exposes the department to liability consequences.
Supervisors shall be held accountable for repeated instances of biased enforcement of their subordinates.
Supervisors shall ensure that all enforcement actions are duly documented per departmental policy. Supervisors shall ensure that all reports show adequate documentation of reasonable suspicion and probable cause, if applicable.
Supervisors shall facilitate the filing of any complaints about law- enforcement service.
Supervisors will quarterly do a random video review of in car and body cam video for each of their assigned subordinates. Each review will document in the Video Control Log located in the General folder of the PD shared drive. Any violation of this or any policy viewed will be documented and discussed with the appropriate officer. See Policy 5.3 Sec. D. Supervisor Responsibility, sub-section 10.
Actions prohibited by this order shall be cause for disciplinary action, up to and including dismissal.
Training (TBP: 2.01)
Officers shall complete all training required by state law regarding bias- based profiling.
The department shall publish “How to Make a Complaint” folders and make them available at all city facilities and other public locations throughout the city. The department’s complaint process and its bias-based profiling policy will be posted on the department’s website. Whenever possible, the media will be used to inform the public of the department’s policy and complaint process.
Complaints alleging incidents of bias-based profiling will be fully investigated as described under Policy 2.4.
Complainants will be notified of the results of the investigations when the investigation is completed.
The department will maintain all required records on traffic stops where a citation is issued or where an arrest is made subsequent to a traffic stop pursuant to state law.
The information collected above will be reported to the city council annually.
The information will also be reported to TCOLE in the required format.
Policy 7.8 Arrests of Transgender, Intersex, Gender
Nonconforming (TIGN) Individuals
It is the policy of this department to recognize the rights of all persons and to treat all persons with the dignity and respect due every individual as a human being. Personnel will act, speak, and conduct themselves in a professional manner, recognizing our obligation to safeguard life and property and to maintain a courteous, professional attitude in all contacts with the public. Personnel will not exhibit any bias or prejudice and they will not discriminate against an individual or group of TIGN individuals. Department personnel shall take all necessary precautions to ensure the safety of TIGN individuals who are arrested and detained.
Inappropriate or disrespectful interactions with TIGN individuals can interfere with the ability to provide police assistance. A pattern of this kind of conduct can generate a climate of fear or apprehension in which TIGN individuals are afraid or are too uncomfortable to report crime, limiting the department in its ability to provide a safe community.
The purpose of this policy is to establish standards for interactions with transgender, intersex, and gender nonconforming (TIGN) individuals that provide safety and respect for all persons. It also defines certain terms that pertain to processing TIGN individuals and establishes procedures for processing and holding TIGN arrestees.
Gender Identity or Expression: The actual or perceived identity or behavior of a person as being male or female.
Transgender: Refers to any person whose gender identity or expression differs from the one which corresponds to the person’s sex at birth. This term includes transsexuals, intersex individuals, and those whose identity is perceived to be gender nonconforming.
Transsexual: A person whose personal sense of their gender conflicts with their anatomical sex at birth.
Sexual Orientation: An individual’s enduring romantic, emotional, and/or sexual attraction to individuals of a particular gender.
Intersex: an individual displaying sexual characteristics of both male and female.
Cross-Dresser: A term that refers to individuals whose clothing is typically associated with the clothing of the opposite sex.
Determining Transgender Status
Officers shall follow the below procedures governing interactions with transgender persons when either of these conditions are met:
An individual explicitly informs an officer that he/she is a transgender person.
An officer has good reason to believe that the individual is a transgender. Good reason may be based on apparent intention of gender appearance and presentation, reasonable observation, frisking that inadvertently discloses transgender status, background checks, third-party information, and routine policing procedures.
When an individual self-identifies as a transgender person, officers shall not question this identity or ask about the person’s surgical status except for compelling and professional reasons that can be clearly articulated.
When coming into contact with a TIGN individual, personnel will do the following:
Respectfully treat TIGN individuals in a manner appropriate to the individual’s gender expression.
Use pronouns as requested by a TIGN individual. Use “she,” “her,” “hers” for a person who self-identifies as a female. Use “he,” “him,” “his” for an individual who self-identifies as a male.
When requested, address the TIGN individual by a name based on their gender rather than that which is on their government-issued identification.
If a custodial arrest is made, conduct field searches as prescribed in Department Policy.
If a custodial arrest is made, and the individual has had gender change operative procedures and considers himself/herself a gender different than at birth, personnel should check for warrants under both genders.
When coming into contact with a TIGN individual, personnel will not to the following:
Stop, detain, frisk, or search any person for the purpose of determining that person’s gender or in order to call attention to the person’s gender expression.
Use language that a reasonable person would consider demeaning or derogatory, specifically language aimed at a person’s actual or perceived gender identity or expression or sexual orientation.
Consider a person’s gender identification as reasonable suspicion or prima facie evidence that the individual is or has engaged in a crime.
Consider the possession of condoms as evidence or intent of criminal activity.
Disclose an individual’s TIGN identity to other arrestees, the public, or non-department individuals absent a proper law-enforcement purpose.
Responders to domestic-violence situations shall respond to transgender individuals in a manner that is appropriate to their gender identity. When responding to a domestic violence call, officers will not automatically determine the batterer and survivor based on actual or perceived gender identity and/or sexual orientation but rather on an assessment of the particular situation.
GENDER CLASSIFICATION OF TIGN ARRESTEES
For purposes of departmental records and operations, an arrestee’s gender will be classified as it appears on the individual’s government-issued identification card.
Arrestees who are post-operative gender re-assigned are the exception to the government-issued identification card.
Male-to-female will be processed as female.
Female-to-male will be processed as male.
In the event that a government-issued identification is unavailable, the following criteria will be used in determining gender.
An arrestee who has male genitalia will be classified as a male.
An arrestee who does not have male genitalia will be classified as a female.
In the event a TIGN individual objects to any questioning regarding this sexual classification, the officer should explain the need for searching prior to transport, and the officer should attempt not to unduly embarrass the individual by using an inappropriate search method or jeopardize the individual’s safety by inappropriate placement in the holding facility.
In the event that there is uncertainty regarding the appropriate classification of an arrestee’s gender, a supervisor will be consulted for further guidance on the appropriate classification.
SEARCHING AND TRANSPORT OF TIGN INDIVIDUALS
Searches of TIGN individuals:
Field searches will be conducted by a member who is the same gender as the arrestee based on the gender guidelines as prescribed in Section V of this policy and in accordance with established department search procedures.
Personnel taking a TIGN individual into custody, accepting custody from another, or conducting a custodial search will be responsible for conducting a thorough search in accordance with established department procedures.
If or when requested by a TIGN individual, department personnel of the TIGN individual’s gender identity or expression will be present to observe the custodial search. When practical, the observing member will be a sworn supervisor.
Personnel will not conduct more frequent or more invasive searches of TIGN individuals that other individuals.
Requests to remove identity-related items -- such as prosthetics, clothing, wigs, and cosmetic items -- will be consistent with requirements for the removal of similar items from non-TIGN arrestees.
The possession of a needle that is purported to be for hormonal use will not be presumed to be evidence of criminal misconduct, specifically if the person or arrestee has documentation from a physician for being in the process of a sex modification.
Transporting TIGN Individuals:
Whenever practical, TIGN arrestees will be transported alone.
When requested by a TIGN individual, department personnel of the TIGN individual’s gender identity or expression, if available, will be present during the transport.
In situations with multiple TIGN arrestees, mass arrests, where a TIGN individual’s gender identity or expression is unavailable, or where individual transport is not practical, TIGN arrestees will be transported by gender classification.
HOUSING OF TIGN ARRESTEES
In all cases where a TIGN arrestee is turned over to any other authority for processing or holding it is the officer’s responsibility to ensure the receiving officer is made aware of the arrestee’s status.
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