STUDY INDICATES RACIAL PROFILING BY OAKLAND COPS

ACLU Releases New Report

Oakland -- In the latest analysis of racial profiling, Oakland police data
show that African American motorists are three times more likely to be
searched during traffic stops as whites, the ACLU said yesterday. Racial
disparities are also apparent in that whites, comprising 24 percent of
Oakland's population, account for only 16 percent of traffic stops while
blacks, comprising 35 percent of the population, account for 48 percent of
vehicle stops, the group said.

"There's no way the Oakland Police Department can explain away that African
Americans are three times more likely to be stopped and searched than
whites," said Michelle Alexander, director of the racial justice project of
the San Francisco branch of the American Civil Liberties Union. Last
month, the ACLU said the California Highway Patrol's own figures show that
motorists of color were far more likely to be subjected to unnecessary and
intrusive stops and searches than whites. The CHP, while denying any racial
profiling, barred officers from asking seemingly innocent motorists to
consent to a search of their cars. In December, San Jose police said a
study showed no evidence of racial profiling, but civil rights advocates
said the department did not track searches. In a report that will be
reviewed by the Oakland City Council on May 22, Oakland Police Capt. Ron
Davis concluded that the statistics "do not suggest significantly
disproportionate stops of minorities" but said further research was necessary.

Davis, head of the department's civil rights and community relations
committee, said the ACLU's use of 2000 census data led to an inaccurate
interpretation of the statistics.

Asked if he believed that the department engaged in racial profiling, Davis
said, "There's nothing to suggest we are, based on the preliminary data,
but then again, it's too early to say we're not." Davis broke down
car-stop data according to the department's three policing areas, using
1990 census figures that showed each area's demographics. Davis noted that
police staffing levels and minority populations differed in the three
areas, which was not taken into account by the ACLU.

At the same time, the ACLU lauded Oakland police for collecting the data,
based on a preliminary review of 21,338 vehicle stops, starting last June.
Of that number, 2,149 stops, or 10 percent of the total, resulted in
searches. But the data did not make clear whether the search was of a
person, a car or a passenger.

Officers were asked to note the race, age, gender, location, purpose of
stop, disposition of stop, whether a search was conducted, what evidence
was found and whether the person was on probation or parole. In his report,
Davis said further categories should be added for future reports, including
the duration of the stop, whether traffic stops were made during special
operations such as "cruising" details and whether the person was recognized
to be on parole or probation. Those people could be stopped numerous times,
skewing the data, he said.

But Alexander said probation or parole status did not explain the racial
disparity in searches. Although 80 percent of all probation/parole searches
involved African American motorists, blacks are still 2.86 times more
likely to be searched than whites when probation/parole searches are
excluded, the ACLU said.

The Oakland police study found that in 65 percent of the searches, the
motorists were African American.

Oakland Police Lt. Jeff Israel, commander of the police training section,
said more studies should be done on what happens after a car stop. "That's
the issue we have to deal with," he said.

Stops and searches of motorists, by race(x)

Race; Number of stops; Percent of stops; Percent of 2000 population;
Percent stops leading to searches

Blacks; 10,210; 47.8%; 35%; 14.4%

Hispanic; 3,729; 17.5; 22; 11.7

White; 3,386; 15.9; 24; 4.4

Asian; 1,942; 9.1; 15; 4.7

Other; 2,071; 9.7; 4; 0.1

Total; 21,338; 100

(x) Test period from March through May 2000

Source: Oakland Police Department Chronicle Graphic