Seattle Police Manual

5.140 – Bias-Based Policing

Effective Date:  12/19/2012

5.140-POL

This policy against bias-based policing extends to all protected classes under local, state, and federal laws in making law enforcement decisions.

1.      Definitions

Bias-Based Policing – The unequal treatment of any person by officers based solely on race, ethnicity, national origin, sexual orientation, or any other characteristic of a protected class.

Motorcycle Profiling - Illegal use of the fact that a person rides a motorcycle or wears motorcycle-related paraphernalia as a factor in deciding to stop and question, take enforcement action, arrest, or search a person or vehicle with or without a legal basis under the United States Constitution or Washington state Constitution (RCW 43.101.419).

Protected Classes Are:

 

• Age
• Ancestry
• Color
• Creed
• Disability
• Gender Identity
• Marital Status
• National Origin
• Parental Status
• Political Ideology
• Race
• Religion
• Sex
• Sexual Orientation
• Use of Service Animal
• Military Status or Veteran
• Use of Section 8 Certificate

 

2.      Officers Will Not Engage in Bias-Based Policing or Motorcycle Profiling in the Performance of Their Duties

Officers may, however, take into account the protected class characteristics of a person based on a suspect description.  The information must be trustworthy, relevant, and must link a person of a protected class to a particular unlawful incident.

3.      Officers Will Base Official Actions on a Standard of Reasonable Suspicion or Probable Cause

Officers must be prepared to articulate specific facts and circumstances that support their decisions to perform official actions including investigative detentions, traffic stops, arrests, searches, and property seizures.

4.      All Employees Share Responsibility for Preventing Bias-Based Policing

Every employee is responsible for knowing and complying with this section.  In addition, sergeants and above are responsible for ensuring all personnel in their command are operating in compliance with this policy.

5.      Officers Will Not Ignore or Condone Bias-Based Policing

Officers who observe or are aware of other officers who have engaged in bias-based policing must report such incidents to a sergeant or above.

6.      Sergeants or above Will Respond to Complaints in Person, if Reasonable

If an individual affirmatively states that he or she is the subject of discriminatory policing and wishes to file a complaint, the officer’s sergeant will respond to the scene, if reasonable.  The sergeant will determine the need for additional action, including the initiation of a complaint with the Office of Professional Accountability (OPA).

Officers will not prolong a person’s detention in the field for the sole purpose of waiting for the sergeant to arrive.

7.      The Department’s Ongoing Training Curriculum Shall Include Regular Bias-Based Policing Updates

8.      The OPA Director Prepares an Annual Report for the Chief of Police

This report shall describe and analyze the year’s bias-based policing complaints and the status of the Department’s effort to prevent biased policing.