Pubdate: Wed, 26 Sep 2001
Source: Herald, The (SC)
Copyright: 2001 The Herald
Contact:  http://www.heraldonline.com/
Details: http://www.mapinc.org/media/369
Author: Andrew J Skerritt

LAW ENFORCEMENT OFFICERS UNDERGO RACIAL PROFILING TRAINING

YORK - The scenario presented to local law enforcement officials was 
fictional but familiar: A predominantly black neighborhood with an active 
drug market. The dealers were black, but the motorists driving in and out 
of the neighborhood to buy drugs were white.

After police watched the area for a while, is it legal for police officers 
to stop and question white motorists leaving that neighborhood? "The answer 
is yes. Someone would have to be a dummy not to connect the dots," Randy 
Means, a Nevada-based instructor told a gathering of about 80 members of 
the Rock Hill Police Department and the York County Sheriff's Office 
attending a seminar on racial profiling Tuesday.

"It's a good example of when you can use race as a factor," Means said. 
"Profiling is not illegal; we can call this behavior-based decision making.

"In general, it would be unlawful to use race, color, religion and national 
origin as a factor of suspiciousness. In specific situations, it could be OK."

Means said the eight hours of the training is designed to help officers 
become more aware of the "inappropriateness" of exercising police power 
based on the race, color or country of origin of the people officers encounter.

"This is a vehicle for change, to create heightened awareness and 
heightened sensitivity of the problem," Means said.

Racial profiling has become a national concern as blacks, Hispanics and 
other minorities have complained that they are being targeted by police 
based on race.

After the Sept. 11 terrorist attacks, however, Americans of Middle Eastern 
descent have become the latest target of law enforcement scrutiny. Means 
explained to his mostly white, male audience that because the suspected 
terrorists were of Middle Eastern origin, it was solid law enforcement 
practice for airline security officials to keep an eye on passengers of 
Middle Eastern background.

"In the context of airline security since Sept. 11, 2001, I would imagine 
that people with Middle Eastern backgrounds will get more attention from 
law enforcement officials," said Means, a former Charlotte police legal 
counsel. "It doesn't mean they are going to be stopped and searched. They 
might be spoken with. Not every profile leads to a stop or an arrest."

By profiling, Means said, officers are paying attention to a person's 
behavior and making a judgment based on the officer's experience, common 
sense and training. While race can be considered in specific circumstances, 
officers must avoid letting their racial biases get in the way, he said.

"We need to make sure we push bias away," he said. "You should not respond 
to the bias in the use of police power."

Such incidents are pretty rare in the York County Sheriff's Office, said 
Sheriff Bruce Bryant. His office does not keep track of traffic stops by 
race, but Bryant said he has heard a few accusations.

"Periodically, I hear, "The only reason why they stopped me is because I'm 
black,'" Bryant said. "Our officers have been instructed that we don't 
tolerate racial profiling."

Roderick Stinson of the Rock Hill Police Department has heard the same 
accusation when he pulls over black motorists on his night shift.

"There is no way on a dark road I can see who is driving the car," said 
Stinson, who is black. "I can't see who's in the driver's seat."

As part of the requirements for national accreditation, the department is 
preparing to set up a system to keep track of all stops to indicate whether 
racial profiling may exist. This week's training session was proposed by 
Chief Dave Fortson, who has received formal racial profiling complaints 
against his officers.

Earlier this year, a black physician complained to Fortson that she was 
stopped by an officer who questioned her about the ownership of the BMW she 
was driving before issuing her a speeding ticket. While Fortson said there 
was no evidence to suggest the officer acted improperly, he believes 
officers needed training on such a sensitive issue.

"Our officers needed to know what they can do and what they can't do," 
Fortson said. "The whole issue of racial profiling has been a big deal. We 
want our officers to make good decisions. We are not in the business of 
discriminating against anybody."

The two days of training involved all sworn sheriff's and police officers - 
about 200 in all - at a cost of about $4,200, Fortson said.

"It costs me $23 a day per officer," Fortson said. "There is no way you can 
get a top-notch instructor for $23 a day. We got a tremendous bang for the 
buck."

The Rev. Keith Hunter of the western York County chapter of the NAACP, 
believes it was money well spent.

"I applaud them for taking the step to address the issue of racial 
profiling. It's long overdue," said Hunter, who often hears racial 
profiling complaints from York and Clover-area residents. "I'm excited over 
the fact they are doing it. I hope it's not a one-shot deal. I hope it's a 
continuing process."
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