STATEMENT OF ROBERT T. SCULLY EXECUTIVE DIRECTOR, NATIONAL ASSOCIATION OF POLICE ORGANIZATIONS, RESPONDING TO ACLU PUSH FOR SENATE TO ADOPT LEGISLATION THAT WOULD MANDATE A STUDY OF ROUTINE TRAFFIC STOPS BY POLICE

WASHINGTON, DC – Today, the American Civil Liberties Union (ACLU) announced the filing of a class-action lawsuit charging the Maryland State Police with race-based discrimination in highway traffic stops.  The suit was filed on behalf of the Maryland NAACP.  The ACLU will also hold a press conference this afternoon urging the U.S. Senate to pass H.R. 118, the “Traffic Stops Statistics Study Act of 1997”.

If passed into law, the “Traffic Stops Statistics Study Act of 1997”, would mandate the Attorney General to conduct a study of stops for routine traffic violations by law enforcement officers, amassing “identifying characteristics of the individual stopped, including the race or ethnicity as well as the approximate age of that individual”, in addition to detailed data about each vehicular stop.

“This bill is based on two incorrect presumptions.  First, that law enforcement officers routinely stop racial and ethnic minorities (of color) for traffic violations purposely to discriminate against such individuals, and secondly, that the number of citations issued are disproportionate as compared to numbers of citations for those individuals whose color is white,” said Robert T. Scully, NAPO executive director.

“Often police officers do not know the race or ethnic background of an individual when they see the vehicle driven by that person commit a traffic offense, especially at night but even during daylight.  Officers will immediately pursue a vehicle for a traffic infraction, such as a speeding vehicle before knowledge of the drivers’ appearance,” continued Scully.
 
In a letter written to Senators Orrin G. Hatch and Patrick J. Leahy on April 17, 1998, NAPO stressed that this bill would place a burden on the police and lengthen traffic stops.

“It is unclear what this study will prove.  If the study focuses on inner city police departments, it will reflect a greater number of minorities stopped, as compared with suburban police departments, reflecting the population makeup of that community.  As proposed, the study will have a weak statistical basis,” continued Scully.

“Also, the information which a law enforcement officer will have to obtain [if this bill is passed] will likely be considered highly offensive by many individuals.  If an officer is uncertain of someone’s ethnic background or age, the officer will often have to ask for this information and can be expected to meet resistance and hostility to such questions,” said Scully.  “This, in turn, could create an atmosphere of hostility and lead to volatile situations and unsafe conditions,” continued Scully.

The National Association of Police Organizations (NAPO) is a coalition of police unions and associations from across the United States that serves in Washington, DC to advance the interests of America’s law enforcement officers through legislative and legal advocacy, political action and education.  Founded in 1978, NAPO now represents more than 4,000 police unions and associations, 250,000 sworn law enforcement officers, 3,000 retired officers and more than 100,000 citizens who share a common dedication to fair and effective crime control and law enforcement.