A Local Solution To Police Pretext Stops

Clearly, there is a need for change and it must come from the City Council and not the Police Department.

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Dr. Warren Editorial

By Dr. John E. Warren, Publisher, The San Diego Voice & Viewpoint

Recently, the Commission on Police Practices (CPP) held a public hearing at the George Stevens Senior Resource Center. The discussion was about Police Pretext Stops. For the sake of clarity, a pretextual stop occurs when police enact a minor traffic stop with the purpose of investigating a crime, rather than enforcing a traffic code. Essentially, they allow police to pull people over based on a ”hunch” which many claim is fueled by racial stereotypes.

In 1996, the U.S. Supreme Court, in Wren V. United States, held “A traffic stop is reasonable under the Fourth Amendment if a police officer has probable cause to believe that a traffic violation has occurred, even if the stop is a pretext for the investigation of a more serious offense.”

As we report elsewhere in this issue, “more than two decades later, the concept still remains a contentious issue within the community”.

Counsel for the CPP rightly stated that the community is calling for systemic change and greater accountability from law enforcement in their interactions with communities of color. We agree. We think the solution is not with asking the Police Department to change its policies, but rather with the City Council as the local legislative body making a policy decision for the police who get their budget from the City through City Council authorization. Such a step would take matters out of the hands of the Police Department which is influenced heavily by the Police Officers Association (POA) as the union for the police. While such an action by the San Diego City Council would only be binding on San Diego Police, it would represent a major step at the local level in eliminating a major concern for the community.

For the record, a recent report indicates that crime is down in San Diego County. Data presented at the CPP hearing stated that in 2022, the SDPD conducted 1100 stops leading to field interviews in predominantly Black and less affluent Southern Division, compared to just 171 stops in the more affluent predominantly White Northwestern Division of the City. Clearly, there is a need for change and it must come from the City Council and not the Police Department. Please let us hear your views on the matter.

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