RACIAL PROFILING

Why Did CHP Report Omit Most Suspicious Statistics?

Last October, when the CHP released its traffic stop report to the
governor, California Highway Patrol Commissioner D.O. "Spike" Helmick said
the report validated his belief "that the CHP treats people equitably and
does not engage in racial profiling." Minorities were not overrepresented
in the number of stops, Helmick said, and the numbers, at least those
released by the CHP, generally supported that contention.

Significantly, however, one statistic was not included in the report.
Between July 1, 1999, and July 31, 2000, 49.3% of motorists stopped by CHP
officers, searched and then released without being cited were Hispanic. The
search numbers show that Hispanics, who make up 30.4% of the population and
a smaller share of licensed drivers, are grossly overrepresented in CHP
searches that apparently turn up no evidence of wrongdoing. By contrast,
only 38% of those stopped and searched without being cited were white.

American Civil Liberties Union attorney Michele Alexander says that search
data is evidence that "Latinos are more likely to be searched when they are
innocent than whites." While Hispanics were most overrepresented in
searches without citations, the data show that they were overrepresented in
all searches, including those resulting in arrest or citations.

The issue of discriminatory searches is at the heart of a lawsuit the ACLU
has filed on behalf of minorities who claim they were victims of racial
profiling. The lawsuit alleges that CHP officers assigned to Operation
Pipeline, a federally funded drug-fighting effort, illegally targeted
minorities, and Hispanics in particular, for stops and searches.

Helmick admits that the search statistic "got his attention." He suspects
that most of the searches were conducted in border areas with large
Hispanic populations and heavy drug trafficking. He has ordered more
detailed research on the issue. "I'm trying to figure this whole thing
out," Helmick said.

What is most hard to figure out is why this particular statistic was not
included in the CHP's report to the governor.

Helmick claims the search data weren't ready in time to be included in the
report. But selected search numbers were included in the report. In fact,
Page 19 of the report says, "Hispanics were most often represented in
searches resulting in verbal warning," indicating that the information was
available. But the hard numbers most suggestive of racial profiling were
omitted. Why?

The CHP report is weak in many other respects. It does not include a
breakdown of stop-and-search data from drug-interdiction units, the units
that critics claim have been most discriminatory in their tactics. The
reports lump traffic-stop data from around the state, making it impossible
to compare patterns within and among different regions or, most
significantly, to compare the race and ethnicity of those stopped to their
populations in a particular patrol region. For example, do the
disproportionate number of CHP searches of Hispanics take place in border
regions, as Helmick suspects, or is it a statewide phenomenon?

The omissions and weaknesses in the CHP report underscore the need for
racial profiling data collection that is far more rigorous and precise, and
for independent outside review of survey methodology and results. It also
underscores the need for a state law that mandates the uniform collection
of data by the CHP and every other law enforcement office in the state.