In an effort to mitigate pretextual stops and biased policing, a new law has now taken effect in California. The law dictates that peace officers in California must state the reason for a traffic or pedestrian stop before they can proceed with any questioning related to a criminal investigation or traffic violation. This effectively removes the opportunity for officers to open every traffic stop with an opportunity for impromptu questioning.
The requirement details of the law are such that the officer must document the reason for the stop on any citation or police report that results from the stop. As an example of practical implementation of this law, a California law enforcement official stated that instead of the officer asking the driver, “Do you know why I pulled you over?”, the responsibility now lies with the officer to tell the individual why they have been pulled over.
Preceding this, the LAPD had already instituted steps to limit pretextual stops by necessitating a substantial reason rather than just instigating a fishing expedition. Impressively, this has resulted in a reduction in the number of people being stopped and subsequently searched for minor violations. In addition, officers saw a marginal increase in contraband discovery since the policy change was instituted, suggesting that there has been an increase in the quality of the stops, notwithstanding the fact that the quantity of stops for minor violations fell from 21% to 12% of all stops.
The LAPD’s policy, requiring officers to state the reason for a stop to individuals and then document that reason on body-worn cameras, has essentially been adapted for this new law and implemented statewide. There is, however, an exception to the rule. Officers can withhold the stop’s reason if they reasonably believe it’s necessary to protect life or property from imminent threat, such as in instances of terrorism or kidnapping. However, what counts as a reasonable reason for nondisclosure is still subject to debate and regulation. The law constitutes a significant change in policing practices in California and is worthy of close attention in the near future.
For more details, please refer to the original article here.