CHP DIRECTOR SUSPENDS 'CONSENT' CAR SEARCHES

Patrols: Rights Groups Say It Is An Admission Of Racial Profiling, A Claim
The Commissioner Denies.

SAN FRANCISCO--The California Highway Patrol's commissioner ordered a ban
on some car searches Thursday, a move that civil liberties groups say is a
tacit admission that officers single out minority drivers for unfair treatment.

CHP Commissioner D.O. "Spike" Helmick ordered a six-month moratorium on
"consent searches," which officers can conduct only if they receive
permission from a driver. Officers will still search a car if they have
probable cause that it was involved in a crime.

Helmick said the moratorium does not reflect any concern that CHP officers
target minority drivers.

"Our people clearly do not racially profile," Helmick said. "I think we
treat people fairly. We're just trying to be sure."

A team of CHP managers recommended the ban after a review of search data
from last July through March, he said. State police began collecting the
search data in February 1999 in response to complaints that officers stop
and search Latinos and African Americans more often than whites.

Helmick said a preliminary review of the data showed that CHP officers had
conducted 1,370 consent searches since July, "a very small number when you
look at the almost 3 million traffic stops we make each year."

He said he decided to order the moratorium while analyzing the data because
"I simply said, 'I want to know what . . . is going on.' "

The American Civil Liberties Union says it knows what's going on: The group
has brought a lawsuit in U.S. District Court alleging racial profiling by
state troopers around San Jose.

The ACLU is focusing on CHP drug task force officers. The group has
interpreted data the CHP handed over as part of its case to show that drug
officers search Latinos and blacks at far greater rates in some highway
corridors.

In a court filing, the ACLU said that after being stopped, Latinos were
nearly four times more likely to be searched than whites in the central
coast area that includes U.S. 101, and that blacks were more than twice as
likely to be searched. The ACLU said CHP data show similar rates in a
Central Valley area that includes Interstate 5.

"The drug interdiction officers have the most severe rates of racial
profiling," said ACLU lawyer Michelle Alexander. "Officers are encouraged
to use minor traffic violations to stop motorists and then get consent to
search their cars for drugs. . . . They're operating on a hunch, on a
guess, on a stereotype."

The ACLU has argued similar search cases against highway officers in other
states, including Illinois, New Jersey and Maryland.

"I do not agree with their numbers, but I am not going to try that court
case out of court," Helmick said. "They're wrong, they're dead wrong. And
I'd be more than happy to prove it."