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The perceived police practice of stopping and searching vehicles operated by African Americans, especially those that are suspected of being drug couriers, had been termed ________________
"Driving While Black," or "DWB."
Drug courier profiles originated with the Drug Enforcement Administration (DEA) in the early 1970's, and were originally used at airports, train stations, and bus depots. The characteristics of DEA courier profiles were behavioral-based:
• Unusual nervousness of suspect
• Payment of ticket in cash
• Traveling to or from a drug-suspect destination
• Traveling under an alias
• Carrying little or no luggage
• Immediate use of telephone after destination arrival
• Leaving a false call-back phone number with ticket agent
• Excessive travel to drug-source or distribution locales
The U.S. Supreme Court, in Whren v. United States, 517 U.S. 806, 116 S. Ct. 1769 (1996), has approved the use of pretextual traffic stops when the officer has observed a _____________ or has ____________ to believe that criminal activity has been, or is, taking place.
Two U.S. Supreme Court decisions impact proactive field stops. ____________ for traffic stops, and ____________ for street field interviews.
Whren v. United States
Terry v. Ohio
Terry v. Ohio was a landmark Supreme Court case that established the __________ doctrine, and outlined the Supreme Court's guidelines for _______________.
Stop & Frisk
The two prerequisites for a valid consent search of a vehicle (or anything else) are:
1) The consent must be given voluntarily, and
2) The consent must be given by a person with authority
Unlike a traffic stop, probable cause is not required to effect a street stop, merely reasonable suspicion. Reasonable suspicion need not depend solely on the observed actions of the suspect, but the totality of circumstances, which may include the following elements:
• The surrounding neighborhood
• The time of day
• Prior knowledge of the individual
• Information received from another source
According to the Dallas Police Department's Philosophy Statement on Racial Profiling, the reality and perception by all citizens must be that police officers do not __________, _____________, or __________ based solely upon race, color, or ethnicity.
* Take enforcement action
According to the Dallas Police Department's Philosophy Statement on Racial Profiling, racial profiling incurs the cost of eroding the trust between ________ and _________, thus undermining the legitimacy of police actions.
According to the Dallas Police Department's Philosophy Statement on Racial Profiling, through ____________, ____________, and _____________, the Police Department will foster and maintain the confidence of all citizens in the integrity and professionalism of its police officers.
According to the Dallas Police Department's Philosophy Statement on Racial Profiling, all citizens must believe that the administration of ____________ is applied fairly and that racial profiling is never used as a means of ___________.
According to the Dallas Police Department's General Order 431.07 on Racial Profiling, examples of "Racial Profiling" include, but are not limited to:
• Initiating a traffic stop on a particular vehicle because of the race, ethnicity, or national origin of the driver of or a passenger in a vehicle.
• Stopping or detaining the driver of a vehicle or passenger in a vehicle based on the determination that a person of that race, ethnicity, or national origin is unlikely to own or possess that specific make or model of vehicle.
• Stopping or detaining an individual based upon the determination that a person of that race, ethnicity, or national origin is unlikely to be in that place or part of town.
• Stopping a driver when looking for a suspect if the only commonality between the suspect and the driver or a passenger is their race, ethnicity, or national origin.
• Singling out an individual for enforcement who is part of a group of individuals exhibiting similar behavior (for example, a group of drivers exceeding the speed limit) because of the individual's race, ethnicity, or national origin.
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