Spectacular Mag - Dec 2014 | Page 19

UPDATE: ORGANIZATIONS SOUND ALARM ON DURHAM POLICE DEPARTMENT FOR RACIAL PROFILING AND SELECTIVE DRUG ENFORCEMENT Ian A. Mance, Staff Attorney, Southern Coalition for Social Justice perceived by Durham drivers as such a transgressive act, since the burden now rests with the police to inform the motorist of their right to refuse. “These troubling statistics indicate that the city’s reputation as a haven for progressive politics and racial equity is sadly undeserved, at least insofar as it concerns its criminal justice apparatus. Changing this reality is possible, and the wheels are in motion, but it will take a serious commitment from a variety of community stakeholders to reverse these trends and end these practices— many of which are deeply embedded in our current culture of policing.” This paragraph marked the end of an April 2014 cover story in Spectacular Magazine, which highlighted a series of troubling revelations about the Durham Police Department and its patterns of enforcement in largely black and brown neighborhoods across Durham. As many readers will be aware, a great deal has happened in the ensuing eight months since the article was published. Most notably, in September, following a year of prodding from the FADE Coalition and its many community partners about racial profiling and discriminatory search practices, Durham city leaders stepped up to the plate and instituted a package of policy reforms aimed at making significant changes to the way the police department interacts with the community it is sworn to serve. Those reforms came on the heels of a critical investigative report from the City’s Human Relations Commission (HRC) which “found the existence of racial profiling . . . in the Durham Police Department.” As The New York Times reported in a November 14th cover story, “After having initially rejected protesters’ demands, the city abruptly changed course and agreed to require the police, beginning last month, to obtain written consent to search Social science research makes clear that, given the long and sordid history of racialized policing in this country, African-American drivers are less likely than white drivers to take actions that police might perceive as transgressive. Institutionalizing the assertion of rights in the context of a traffic stop thus helps to level the playing field between black and white drivers. Moving forward, Durham drivers should decline requests to search with confidence and with the knowledge that refusing such a request does not give police probable cause. In most cases, a refusal to sign the consent form should end the police encounter. vehicles in cases where they do not have probable cause. The consent forms, in English and Spanish, tell drivers they do not have to allow the searches.” In taking this step, Durham became one of the first cities in the country - along with Fayetteville, NC and Austin, TX - to adopt such a policy. The change in protocol is specifically designed to address the HRC’s finding of racial profiling and to afford an extra level of protection to the many motorists who have reported being bullied into granting verbal permission or who found themselves searched without their consent and absent any finding of probable cause. Because the policy just took effect on October 1st, data on its impact is not yet available; however, based on the experiences of Fayetteville and Austin, Durham advocates expect the policy to lead to a significant drop in the number of innocent AfricanAmerican motorists who are searched by the police on an annual basis. Part of this is because police are much less inclined to attempt a search if they believe they won’t be able to secure the driver’s consent, and part is owed to the fact that the act of asserting one’s rights—and saying “no” to a request to search—will no longer be www.spectacularmag.com | December 2014 | SPECTACULAR MAGAZINE In addition to written consent, the City Council and City Manager also made changes to the Civilian Police Review Board and approved a new policy by which individual officer stop and search data will be regularly audited with an aim of identifying officers responsible for generating unjustifiable racial enforcement disparities. These policies, as well as the recent commitment from Mayor Bell to help transition the city away from a criminal justice approach to lowlevel marijuana offenses, provide citizens concerned about the conduct of our local police department reason to be encouraged. Nevertheless, the community needs to remain vigilant. As the department’s heavy-handed, and at times violent, response to recent protests over the deaths of Michael Brown and Eric Garner have made clear, work remains to be done to ensure that Durham has a police department that respects the constitutional rights of everybody. 19