21st-quarterly-report.pdf

Twenty-First Quarterly Report of the Independent Monitor for the Oakland Police Department May 4, 2015 Page 52 Squad Yes None Grand Total % A 2 57 59 3% B 9 55 64 14% C 5 27 32 16% D 28 82 110 25% E 7 19 26 27% F 32 125 157 20% G 27 164 191 14% H 141 268 409 34% Grand Total 251 797 1048 24% Overall, the Area under review identified a total of 1,048 stops that resulted in searches. We selected the three squads with the lowest recovery rates – 3%, 14%, and 14%, respectively – for further review, to include the basis for the stops. OPD categorizes the basis for stops as: a) consensual encounters; b) reasonable suspicion; c) probable cause; d) traffic violation; or e) probation/parole. We found sufficient documented justification for 94% of the stops we reviewed, as compared with 100% finding in our assessment of data for Task 34.2 cited above. The three squads with the lowest recovery rates involved a total of 314 searches. Of the 314 searches, however, we were only able to evaluate 262 searches because 52 of the stops/searches did not include a readily available narrative report explaining the justification for the search. Regardless of the reason for the stop/encounter, officers must have additional articulable justification in order to conduct either a subsequent frisk or search – except in cases where the person stopped is on probation or parole. We found sufficient justification for 96% of the 262 searches; however, we found that 13 of the 262 searches either were not documented or were insufficiently documented. Our review found that 164 (52%) of the 314 searches involved individuals on probation or parole. Of the 164 searches, 140 included narratives for evaluation. Except for the fact that the individuals searched were on probation or parole, there was no indicated connection between the basis for the stop and the search in 111 of the 140 searches; such searches are often referred to as “could” searches – the officers had no specific reason to make the search, but did so because they could – however, such searches are legally authorized. Of the 164 probation searches, the justification was in question in four, and 31 were not sufficiently explained or missing reports as explained above. In addition, we analyzed the race of the individuals stopped for probation/parole. Of the 164 probation/parole searches, 133 (81%) were African American. Finally, of the 164 probation searches, 14, or 8%, resulted in a recovery. These numbers are indicators of issues requiring further exploration; however, given the sample size, we do not cite them as an indication of racial or ethnic disparate treatment. OPD must, however, address its lack of documenting justification for each search and the resulting low contraband recovery rate. The large percentage of stops that either initially or subsequently involve searches of individuals on probation/parole are a continuing issue, in particularly in light