Purpose:
The purpose of this policy is to identify the circumstances and legalities of police-citizen encounters, and to identify the Departments stance against bias-based profiling.  This policy also provides guidelines not only for officers to prevent bias-based encounters or incidents, but also to protect officers from unwarranted accusations when acting within the dictates of the law, this policy, and other Department directives.

Policy:
It is the policy of the Ocala Police Department to protect the Constitutional rights of all people, regardless of race, color, ethnicity, gender, sexual orientation, physical handicap, religion or other belief system or physical characteristic; and to treat each person with respect and dignity.   While contacting persons in a variety of situations is not only routine, but also relevant to law enforcement activities, the Department will not accept or tolerate bias-based profiling.   

Discussion:
Law enforcement officers are required to use skills developed through observation, training and experience in order to identify suspicious circumstances, unusual occurrences and violations of law, and to act according to the situation.  This proactive approach aids in the detection and apprehension of criminals, maintains the safety of our streets and highways, and protects our citizens and community from crime.

However, discriminatory enforcement practices can alienate our citizens, foster distrust of police in the community, invite media scrutiny, legislative action and judicial intervention, and potentially lead to allegations of constitutional and civil rights violations.  As we perform our duties, officers are reminded that we have sworn an oath to support, protect and defend the Constitution of the United States and of the State of Florida, thus it is imperative that we afford all citizens the Constitutional and fundamental right to equal protection under the law.  

While criminal profiling is an accepted and necessary law enforcement investigative practice, it differs from and should not be confused with bias-based profiling.    One is an investigative tool, the other, a discriminatory practice.  

A.    Definitions:

        1. Criminal Profiling:  The identification of a person or group of people by gender, age, race, and/or other characteristics, which is intended to identify a particular type of perpetrator, thereby narrowing the field of potential suspects in major criminal investigations.  The profile is based on the scrutiny of a set of facts and factors common to specific (e.g., serial murder with a certain 'signature') or general (e.g., narcotics trafficking) criminal activity, and which is based on current and historical law enforcement investigative knowledge and experience.

2.   Bias-Based Profiling:  The act (intentional or unintentional) of applying or incorporating personal, societal, or organizational biases and/or stereotypes when making decisions and/or taking police action, which occurs when that decision or action is based solely on a person’s race, ethnicity, background, gender, sexual orientation, religion, economic status, age, culture or other personal characteristic, rather than on the behavior of the individual or the identification of the individual as being, having been, or about to be engaged in criminal activity.

B.   Procedure: Sworn members will patrol proactively, and will investigate suspicious persons and circumstances, actively enforce criminal and motor vehicle laws, and stop or detain citizens in accordance with the law and within the guidelines of this policy. 

1.   Police-Citizen Encounters: Officers usually initiate contact with citizens to gather information, detect/prevent crime, and/or to apprehend suspected criminals.   There are two main procedures involving citizen encounters (citizen contacts and 'stop and frisk') that all personnel must follow.   

a.  Bias-Based Encounters Prohibited: Members are prohibited from taking bias-based law enforcement action, such as contact, detention, asset seizure or interdiction, toward any person(s). 

1)     Members shall accurately record when identifying, verbally and/or in writing, the actual or perceived race, ethnicity, or gender of a person stopped for investigative or enforcement purposes.

b.  Criminal Profiling: Officers identify persons or groups of persons by gender, age, race, and/or other characteristics, which identify a particular type of perpetrator. Specific or general criminal activity based on current and historic law enforcement investigative knowledge and experience.

2.  Traffic Enforcement: Members will conduct traffic enforcement activities pursuant to department policy. 

3.   Citizen Contacts: The Community Policing philosophy encourages direct citizen contact with officers. In addition to gathering information to facilitate the performance of their duties, officers may approach any person who is on a public street or in a public area to engage in voluntary conversation. This type of police-citizen contact is different from, and not to be confused with, a 'Stop and Frisk', and shall be conducted as follows: 

a.  The officer shall take care with his/her words and/or mannerisms so he/she does not give the impression that the citizen does not have the option to leave at will or that the contact otherwise constitutes a detention.

b.   Absent facts to indicate otherwise, the citizen is under no obligation to speak with the officer.

c.   A citizen who chooses to walk away may not be detained.  In addition, running from an officer during a citizen contact is not, in and of itself, an offense for which the officer has cause to give chase.

d.   Reasonable suspicion or probable cause may develop during the contact, at which time the officer should respond accordingly.

    4. Stop and Frisk: Because the stopping and questioning of citizens is restrictive of their freedom, officers should articulate their reasons for such stops with enough explanation to justify the stop and/or frisk.

        5.Training: The Training Division will facilitate initial and ongoing training in proactive enforcement tactics, to include training in officer safety, courtesy, cultural diversity, the laws governing search and seizure, Stop and Frisk, and interpersonal communications skills.

6.   Supervisory Responsibility: Supervisors shall periodically review a sampling of in-car video tapes of stops and of reports filed on stops / arrests by officers, and shall respond at random to officers on vehicle stops and calls for service.

a.  Supervisors shall monitor field activity for the appearance or existence of any pattern or practice that could indicate discriminatory treatment by individual officers or squads.

b.   Supervisors shall take appropriate action, from counseling to filing a formal complaint (depending upon the seriousness of the circumstances), whenever it appears that there may be or is a policy violation.

        7. Complaints: Persons who believe they have been stopped and/or searched as a result of bias-based profiling may file a complaint with the Department.

a.  Personnel will adhere to complaint filing and investigation procedures as outlined in these directives.

b.   No person shall be discouraged, intimidated, or coerced from filing a complaint, or discriminated against because they filed a complaint.

c.   Investigative results shall contain findings and any suggestions for changes in policy, training, or tactics.

        8.  Citizen Awareness and Public Information Efforts: The Department shall provide information to the public regarding its citizen contact and enforcement procedures and its bias-based profiling policy.   The method of distribution shall be at the discretion of the Department, and may include:
Posting the policies and related information on the Department’s website.
Involving the media through the development of feature stories, TV and/or radio shows, statistical review, or via other methods.