Bexar County Sheriff's Office Policy Manual - Chapter 34 Prohibition of Racial Profiling PDF

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number December 1, 2003 March 19, 2024 Thirty-Four Subject Office Prohibition of Racial P...

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number December 1, 2003 March 19, 2024 Thirty-Four Subject Office Prohibition of Racial Profiling Sheriff’s Administration References Enclosures CCP Art. 2.131, 2.132, 2.133, 2.134, 3.05, and Sheriff’s None Manual Chapter 44 Distribution Supersedes Reevaluation Date Pages All Sheriff’s Employees April 30, 2014 March 19, 2025 3 Approved by: Javier Salazar, Bexar County Sheriff 34.01 POLICY It is the policy of the Bexar County Sheriff’s Office (BCSO) that discrimination based on a person’s race, national origin, citizenship, or ethnicity is prohibited. Law enforcement actions will be solely based upon reasonable suspicion and/or probable cause of criminal activity and NOT upon unlawful discriminatory grounds. 34.02 PURPOSE To set forth procedures and guidelines for compliance with the Code of Criminal Procedure(CCP) Art. 2.131 Racial Profiling Prohibited and Art 2.132 Law Enforcement Policy on Racial Profiling. 34.03 DEFINITION 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, as defined in CCP Art. 3.05. 34.04 CORRECTIVE ACTION REQUIRED Racial profiling and discriminatory actions are expressly prohibited. In accordance with CCP Art. 2.132, appropriate corrective action shall be taken against any deputy who, after an investigation, is shown to have engaged in racial profiling in violation of this Chapter or other applicable procedural rule or law. 34.05 PROCEDURES A. Equipment 1. Deputies who are assigned a body worn camera (BWC) or mobile recording systems (MRS) must use the equipment in accordance with Chapter 44 - Body Worn Camera and Digital Media Evidence. 1  2. Supervisors will conduct monthly inspections of recordings per Chapter 44.07 Supervisory Responsibilities. During this inspection supervisors shall ensure that deputies are abiding by the guidelines set forth in this Chapter. B. Traffic Stops 1. Deputies who make traffic stops which result in the issuance of a citation, warning, or an arrest, shall report the following information as to each citation or arrest (CCP Art. 2.132 Law Enforcement Policy on Racial Profiling): a. The race or ethnicity of the individual detained; b. Whether a search was conducted and, if so, whether the individual detained consented to the search; c. Whether the deputy knew the race or ethnicity of the individual detained before detaining that individual; d. Whether the deputy used physical force that resulted in bodily injury during the stop; e. Whether the deputy issued a written warning or citation as a result of the stop; f. The location of the stop; g. The reason for the stop. C. Detentions 1. A report shall be written if a person is detained for suspected criminal activity subsequent to a traffic stop or other form of field contact and shall be submitted by the end of the shift. 2. Incident reports shall contain the following information, which shall be observed and recorded by the detaining deputy to the best of his/her ability (CCP Art. 2.133 Reports Required for Motor Vehicle Stops): a. Physical description of any person detained including: 1) The person’s gender; and 2) The person’s race or ethnicity, as stated by the person or, if the person does not state the person’s race or ethnicity, as determined by the deputy to the best of the deputy’s ability. b. Initial reason for the stop; c. Whether the deputy conducted a search as a result of the stop and, if so, whether the person detained consented to the search; 2  d. Whether any contraband or other evidence was discovered in the course of the search and a description of the contraband or evidence; e. The reason for the search, including whether; 1) Any contraband or other evidence was in plain view; 2) Any probable cause or reasonable suspicion existed to perform the search; or 3) The search was performed as a result of the towing of a motor vehicle or the arrest of any person in the motor vehicle. f. Whether the deputy made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; g. The street address or approximate location of the stop; h. Whether the deputy issued a verbal or written warning or a ticket or citation as a result of the stop; and i. Whether the deputy used physical force that resulted in bodily injury. D. Public Information 1. The BCSO shall be responsible for providing public information relating to the agency’s efforts to comply with government mandates on racial/bias profiling. This will include public education relating to the agency’s complaint process. Avenues for this information may include the distribution of agency pamphlets and news/press releases. 2. It is the responsibility of the Media Services personnel to ensure copies of news articles, educational stories, and videos relating to racial/bias profiling are annually maintained to provide documentation of our commitment to educating the public. E. Annual Reporting A report will be prepared pursuant to the information collected in accordance with State law, no later than March 1st of each year, in accordance with CCP Art. 2.134 Compilation and Analysis of Information Collected. 3