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As we enter the holiday season and start to see well-intentioned police agencies pull people over to give them turkeys and presents and the like, here is your reminder that:
1) Such traffic stops can be unlawful
2) Even if lawful, they aren't a good idea
A brief thread:
1) Such traffic stops can be unlawful
2) Even if lawful, they aren't a good idea
A brief thread:
2/
When an officer initiates a traffic stop, they are "seizing" the occupants of the stopped vehicle.
The Fourth Amendment permits such seizures only when officers have either reasonable suspicion of a crime or probable cause of a non-criminal infraction.
When an officer initiates a traffic stop, they are "seizing" the occupants of the stopped vehicle.
The Fourth Amendment permits such seizures only when officers have either reasonable suspicion of a crime or probable cause of a non-criminal infraction.
3/
If officers are stopping motorists *without* reasonable suspicion of a crime or probable cause of a non-criminal infraction, the seizure violates the Fourth Amendment.
Period.
There is no "community policing" or "public relations" exception.
If officers are stopping motorists *without* reasonable suspicion of a crime or probable cause of a non-criminal infraction, the seizure violates the Fourth Amendment.
Period.
There is no "community policing" or "public relations" exception.
4/
Pretextual stops do not violate the Fourth Amendment, so officers who *have* reasonable suspicion or probable cause can constitutionally pull over a vehicle even if they intend to give the driver a present instead of a warning or a ticket.
But it's a bad idea.
Pretextual stops do not violate the Fourth Amendment, so officers who *have* reasonable suspicion or probable cause can constitutionally pull over a vehicle even if they intend to give the driver a present instead of a warning or a ticket.
But it's a bad idea.
5/
We don't have good empirical evidence that traffic stop giveaways are an effective public relations tactic, but there's reason to doubt that's the case.
We don't have good empirical evidence that traffic stop giveaways are an effective public relations tactic, but there's reason to doubt that's the case.
6/
It can be easy for officers--who are typically used to traffic stops because they conduct a lot of them--to forget that drivers can find traffic stops stressful, even frightening.
That's not the best foundation for good public relations.
It can be easy for officers--who are typically used to traffic stops because they conduct a lot of them--to forget that drivers can find traffic stops stressful, even frightening.
That's not the best foundation for good public relations.
7/
There's also a problem with using inherently coercive police authority to *force* an encounter in the name of "community policing."
That's *especially* true in the midst of a rather controversial public discussion about the role police should play in our society.
There's also a problem with using inherently coercive police authority to *force* an encounter in the name of "community policing."
That's *especially* true in the midst of a rather controversial public discussion about the role police should play in our society.
8/
Honestly, there's something that rubs me the wrong way about the police looking through all the cars on the road and identifying individual vehicles for "goodwill stops" because they think those drivers, specifically, could use some help. That seems potentially problematic.
Honestly, there's something that rubs me the wrong way about the police looking through all the cars on the road and identifying individual vehicles for "goodwill stops" because they think those drivers, specifically, could use some help. That seems potentially problematic.
9/
I applaud the sentiment, I really do. Agencies *do* need to be concerned with public relations, and officers *should* have a service orientation and look for ways to assist those who need assistance. But conducting a traffic stop isn't the right way to do those things.
I applaud the sentiment, I really do. Agencies *do* need to be concerned with public relations, and officers *should* have a service orientation and look for ways to assist those who need assistance. But conducting a traffic stop isn't the right way to do those things.
10/
There are *much, much* better ways for agencies who, admirably, want to dedicate time, energy, and resources to community relations or provide assistance to community members in need.
There are *much, much* better ways for agencies who, admirably, want to dedicate time, energy, and resources to community relations or provide assistance to community members in need.
11/
Agencies can partner w/food banks, shelters, social services, churches, schools, even jails, etc. to identify individuals or families who would benefit from and appreciate a helping hand over the holidays. They can "adopt" families, donate food, $, and presents, etc.
Agencies can partner w/food banks, shelters, social services, churches, schools, even jails, etc. to identify individuals or families who would benefit from and appreciate a helping hand over the holidays. They can "adopt" families, donate food, $, and presents, etc.
12/
There are a ton of options *other than* predicating purportedly positive police-community interactions on the exercise of officers' coercive authority.
There are a ton of options *other than* predicating purportedly positive police-community interactions on the exercise of officers' coercive authority.
13/
Agencies should be aware that the casual use of coercive authority may well reflect community concerns about policing instead of mitigating those concerns. And, of course, it may not be lawful for officers to make such traffic stops in the first place.
Agencies should be aware that the casual use of coercive authority may well reflect community concerns about policing instead of mitigating those concerns. And, of course, it may not be lawful for officers to make such traffic stops in the first place.
14/
Fin.
Fin.
