seventeenth-quarterly-report.pdf

Seventeenth Quarterly Report of the Independent Monitor for the Oakland Police Department April 28, 2014 Page 53 Background: OPD has been in partial compliance with this Task for the past 13 reporting periods, as we noted a number of operational practices requiring corrective measures that precluded a full compliance finding. First, we noted that although officers were entering the required stop data into the Field Based Reporting (FBR) computer system, the reported and documented “reason for the stop” did not consistently and/or sufficiently meet Constitutional requirements and/or provide authority for the stops. Also, when officers engaged a group of individuals, data was usually recorded for only one member of the group, which significantly distorted the stop data. And finally, we found that officers were often incorrectly classifying the “reason for the stop.” Inasmuch as these issues invalidated the accuracy of the collected stop data, an analysis of the data was delayed until corrective measures were put in place. We have worked with and provided ongoing technical assistance to OPD in an effort to ensure that the collected data is complete and accurate so as to provide a basis for meaningful analyses as required by Department policy. OPD is in the process of conducting its first analysis of this data, which is expected to be completed and publicly released during the next reporting period. Discussion: General Order M-19, Prohibitions Regarding Racial Profiling and Other Bias-Based Policing; and Report Writing Manual (RWM) Inserts R-2, N-1, and N-2 incorporate the requirements of Task 34. The Department trained 95% of relevant personnel on these policies as required. OPD issued Special Order 9042, New Procedures Regarding Stop Data Collection in June 2010. This policy revised DGO M-19 and RWM R-2 to provide further guidance regarding requirements related to consensual encounters and detention. SO 9042 was appropriately disseminated. During the sixth reporting period, OPD began training on these revisions, which included the definition and articulation of a consensual encounter and detention, along with training on how to properly document encounters in Field Investigative Reports. OPD issued Special Order 9101, Revised Stop Data Collection Procedures in November 2012. This policy further revised DGO M-19, Racial Profiling, to further clarify and define racial profiling, consensual encounters, detention, and the scope of the policy. OPD issued revised Special Order 9101, Revised Stop Data Collection Procedures in March 2013. This policy further revised DGO M-19, Racial Profiling. Shortly thereafter, OPD issued a revision to the Report Writing Manual to address issues relating to completion of the Stop Data Form, specifically clarifying that a Stop Data Forms must be completed when self-initiated encounters are conducted; and that Stop Data Forms are not required for radio dispatch calls for service, citizen flag-downs, search warrants, and community caretaking incidents. Also during the current reporting period, OPD continued training on the definitions of racial profiling to include the definition of a consensual encounter, what a detention is, and the scope of the policy. OPD has trained at least 95% of relevant personnel on these subjects and the above-described policy revisions. We continue to find OPD in Phase 1 compliance with this Task. Case3:00-cv-04599-TEH Document979 Filed04/28/14 Page54 of 88