Racial and Ethnic Profiling
Policy
It is the policy of the Weatherford Police Department to prohibit the use of race or ethnicity as a sole factor in determining probable cause or reasonable suspicion to justify the detention of an individual, or the investigatory stop or traffic stop of a motor vehicle or pedestrian.
Purpose
The purpose of this policy is to comply with Oklahoma Statutes Title 22, Section 34.3, Section 34.4, and Section 34.5, regarding “Racial Profiling”.
Procedure
1. Definitions for the purpose of this section are as follows.
A. Racial Profiling is defined as the detention, interdiction or other disparate treatment of an individual based solely on an individual’s ethnic or racial status.
B. Probable Cause is defined as “that which would lead a reasonable and prudent person to believe that a crime has been or is about to be committed.”
C. Articulable Suspicion is defined, as “suspicion that a crime has been or is about to be committed that can be effectively explained/defended orally or in writing”.
2. Detention/Arrests
A. The race or ethnicity or an individual shall not be the sole factor in determining the existence of probable cause to take into custody or to arrest, detain, etc., an individual; or in constituting a reasonable and articulable suspicion that an offense has been or is being committed, so as to justify the detention of an individual or the investigatory stop of a motor vehicle or pedestrian.
3. Violations
A. Violation of O.S. Title 22, Section 34.3, 34.4, and 34.5 is a misdemeanor offense. If the investigation of the complaint of racial profiling reveals the officer was in direct violation of state law and this department’s written policy regarding racial profiling, the Weatherford Police Department shall take appropriate action consistent with applicable laws, rules, ordinances, and/or policies.
B. The Chief of Police or his designee shall investigate any complaint of Racial or Ethnic Profiling immediately as soon as the complaint is made known to him or her.