Chapter 34 - Racial Profiling

Study Notes

Policy Statement: Discrimination based on race, national origin, citizenship, or ethnicity is prohibited. Law enforcement actions must be based on reasonable suspicion or probable cause, not discriminatory factors.
Policy Purpose: To establish procedures for compliance with the Code of Criminal Procedure regarding racial profiling.
Racial Profiling Definition: Law enforcement actions initiated based on race, ethnicity, or national origin instead of individual behavior or evidence of criminal activity.
Corrective Action: Racial profiling and discriminatory actions will be met with appropriate corrective action as per the Code of Criminal Procedure and other applicable laws.
Equipment Use (Deputies): Body-worn cameras (BWCs) and mobile recording systems (MRSs) must be used according to Chapter 44 (Body Worn Camera and Digital Media Evidence).

Reporting Requirements: Deputies making traffic stops leading to citations, warnings, or arrests must report the following:
Race/ethnicity of the individual detained
Whether a search was conducted and whether consent was given
Whether the deputy knew the detained individual's race/ethnicity before detaining them
If physical force resulted in injury during the stop
Whether a written warning or citation was issued
Location of the stop
Reason for the stop

Reporting Requirements (Detentions): Incident reports must be written when a person is detained due to suspected criminal activity, subsequent to a traffic stop, or other field contact. Written reports must include information specified by the Code of Criminal Procedure (CCP) Article 2.133 regarding Motor Vehicle Stops.
Physical description of any person detained (gender, race/ethnicity)
Initial reason for the stop
Whether a search was conducted and whether consent was given

Search Reporting Requirements: Incident reports regarding searches must include the following details:
If contraband or other evidence was found during the search, and a description of it.
Reasons for the search (e.g., plain view, probable cause, towing, arrest of person in vehicle)
Whether an arrest was made (reason for arrest, e.g., traffic violation), as well as the location and approximate address.
Information on whether a written warning/citation/ticket was issued.
Whether physical force led to injury

Public Information Responsibilities: Bexar County Sheriff's Office (BCSO) is responsible for providing public education about complying with government mandates on racial bias profiling. This includes access to complaint processes and communication channels.

Annual Reporting Requirements: An annual report must be filed by March 1 as required by the Code of Criminal Procedure, detailing information collected.

Podcast