Traffic Stops Archives - Bolts https://boltsmag.org/category/traffic-stops/ Bolts is a digital publication that covers the nuts and bolts of power and political change, from the local up. We report on the places, people, and politics that shape public policy but are dangerously overlooked. We tell stories that highlight the real world stakes of local elections, obscure institutions, and the grassroots movements that are targeting them. Mon, 23 Dec 2024 20:28:28 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.1 https://boltsmag.org/wp-content/uploads/2022/01/cropped-New-color-B@3000x-32x32.png Traffic Stops Archives - Bolts https://boltsmag.org/category/traffic-stops/ 32 32 203587192 A Michigan Sheriff and Prosecutor Join Forces to Implement Progressive Policy https://boltsmag.org/a-michigan-sheriff-and-prosecutor-join-forces-to-implement-progressive-policy-washtenaw-county/ Mon, 23 Dec 2024 20:27:57 +0000 https://boltsmag.org/?p=7278 On Jan. 1, Alyshia Dyer will take office as sheriff of Washtenaw County, Michigan, an event that will mark the union of some strange bedfellows in the county’s criminal legal... Read More

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On Jan. 1, Alyshia Dyer will take office as sheriff of Washtenaw County, Michigan, an event that will mark the union of some strange bedfellows in the county’s criminal legal system: With Dyer at the helm, the county’s public safety strategies will soon be guided by an alliance between the top enforcers of the justice system and the grassroots reform groups who are often its toughest critics. 

Dyer is a road patrol deputy-turned social worker who campaigned on a reform vision that includes trying to steer people away from the justice system rather than draw them into it. Her win in November is a culmination of prior wins by a coalition of reformers in the county that also brought progressives into the prosecutor’s office and courts. 

Dyer has worked with these reformers to lay out plans to reduce unnecessary police encounters and arrests by limiting officers from making stops for certain low-level violations. She has pledged to address the stark racial disparities in traffic enforcement by ending quotas for traffic stops, and says arrests are the wrong tools for dealing with substance abuse and the opioid crisis: Her approach rejects the war on drugs and aims to steer people towards support rather than criminal punishment.

“Looking at the disparities involving drug arrests, there was a general understanding that we don’t want officers wasting their time,” Dyer told Bolts in an interview. “There is a frustration when officers are nickel and diming or getting involved in low-level things, and a frustration with pretext stops in general was resounding countywide.”

Dyer’s platform appealed broadly to voters in the liberal college town of Ann Arbor, as well as the surrounding rural areas where even many voters with more conservative values are fed up with the kind of policing that cycles people through the legal system without addressing their needs. 

But to effectively carry out her plans, Dyer will also need allies in the justice system. She has at least one in Eli Savit, who was just reelected as Washtenaw’s Prosecuting Attorney after running unopposed. Savit first won office in 2020 at the height of the racial justice movement that swept through the country following the police killing of George Floyd. The movement helped give rise to a brand of progressive prosecutors including Savit, who embraced a less punitive approach that broke away from his tough-on-crime predecessor. His office took aim at the issue of racial profiling by announcing he would drop the charges in situations where officers use minor traffic violations as an excuse to search for drugs or other contraband. A slew of other policies offered leniency towards juveniles arrested on minor offenses, and declined charges for consensual sex work and certain low-level drug crimes — but those reforms can only make an impact after an arrest has already been made. 

Now with Dyer as the county’s top cop and Savit as its lead prosecutor, they hope to move these reforms forward by working collaboratively on policies that were previously siloed in different parts of the justice system. 

“What you see in Washtenaw is a lot of different partners in conjunction with the community are largely working towards the same goals and from the same playbook,” Savit said. “It reflects our community values. Ultimately, what people in Washtenaw want is for us to work together to get people on the right track, rather than cycling them through the justice system over and over again in an ineffective fashion.”


In November of 2020, Savit’s win was hailed as a success for the progressive prosecutor movement that for at least a decade has sought to reform local DA offices across the country. His policies gave reformers in Washtenaw an inroad for curbing the harm wrought on by excessive criminal punishment by deflecting some low-level arrests. 

Savit regards his policy on pretextual stops — where minor traffic violations are used as an excuse to search cars for contraband — as a success. His office initially declined several of those cases, Savit told Bolts. But soon, police agencies across the county largely stopped sending those kinds of cases to his office. The approach later gained support in Ann Arbor, the county’s largest city, where the city council unanimously voted last year to limit police from stopping drivers for minor violations like cracked windshields or broken taillights that do not pose any risk to traffic safety. 

Now with Dyer in office as well, organizers hope to stop even more of those arrests from happening in the first place. 

“Our racial disparities in low level traffic stops are through the roof at the sheriff’s office,” Dyer told Bolts. “Regardless if the prosecutor decides to charge a case, the harm is still caused at the forefront. Avoiding those stops when possible, when it’s not a safety-related issue, is really important. There are so many instances where somebody has been pulled over, pulled out their car and searched. The police find nothing. They let them go, but the harm stays with that person.”

Like Dyer, Savit also embraced a legal strategy for addressing drugs that is focused on harm reduction and rehabilitation rather than punishment. His office decriminalized the possession and distribution of controlled medications like methadone and buprenorphine that are used to treat opioid addiction and curb fentanyl use. Like with the traffic stop arrests, very few of those cases now come across Savit’s desk. The remaining arrests for illegal possession of methadone or buprenorphine mostly come from people incarcerated in nearby prisons, and Savit’s office typically drops those cases, he said. Even though prosecutors rarely need to decline charges now, it is critical to have a public policy in place so the fear of criminal penalties will not deter people from accessing life saving medications, he said. 

“Why on earth would we want to be discouraging somebody from using a medicine that we know is an alternative to using a dangerous drug that could kill them? We want less overdose deaths, not more. ” Savit told Bolts.

Washtenaw County Prosecuting Attorney Eli Savit in 2021. (Facebook/Eli Savit – Washtenaw Prosecuting Attorney)

But a policy of non-enforcement is only effective if the entire criminal legal system is aligned across prosecutors and police, which isn’t the case for most places in the state. As Michigan has scaled up harm reduction initiatives in recent years—funded in part by payouts from pharmaceutical companies acquired through opioid settlements—the enforcement around controlled methadone and buprenorphine has been a patchwork across the state and even within Washtenaw County. 

Dyer’s position—that criminal enforcement and arrests are the wrong way to address addiction issues—is rooted in her background as a social worker and therapist. She has advocated for unarmed community responders and public health outreach workers to deal with opioids, rather than police. And she plans to end internal quotas that encourage officers to make stops, search people for drugs, and cite or arrest them for minor drug violations.

Having a sheriff who’s onboard with harm reduction tactics helps establish a uniform approach to managing the opioid crisis, said Jonathan Laye, program director for Supportive Connections, a social service group aimed at steering people away from the justice system.

“The county is definitely starting to go in the right direction when it comes to prioritizing treatment or engagement rather than locking people up over petty stuff. The question is really getting people in the right places who understand the difference between a symptom and a crime,” Laye said.

Even when police don’t make arrests for drug paraphernalia, those items are sometimes still used by officers as probable cause to justify a search, said Cindy Bodewes, president of the Washtenaw Regional Organizing Coalition, a grassroots group pushing for reforms in the county. She hopes Dyer will bridge the “disconnect between the prosecutor’s strategy and arrest strategy,” Bodewes said.

“That’s why it is so important to have a law enforcement policy in place in order to have harm reduction in a community where they don’t have to be looking over their shoulder, afraid of the police taking action, regardless of whether they can be charged or not,” Dyer said.

Even when prosecutors signal that they will not pursue certain cases, changing the culture and behavior of police departments can be more difficult. Police leaders don’t always know what is happening on the ground, and are sometimes unaware that officers need to be brought up to speed on policy changes, Bodewes said. That is why it is important for grassroots organizations and community members to have a way to “report directly to the sheriff,” she said.

Dyer says her experience as a rank-and-file deputy showed her the extent to which officers are often slow to adapt to new policing strategies, especially when changes are not written into department policy and backed with additional training. 

She is forming community advisory committees on issues like traffic stops, jail visitation and mental health to bolster transparency and accountability by allowing the public to help shape department policy. Savit formed similar committees after first winning office to develop his reforms, which also helped prosecutors develop a restorative justice process that diverts people from criminal punishments. Dyer aims to create another group of diverse community voices to make policy recommendations directly to her office. It’s another step, she says, to ensure that her advisors are not just an echo chamber of police brass: critics will have access to the inner workings of the department.hold their elected officials accountable. 

“Having a community that is educated around what we’re doing, our operations, our policies, can be a really powerful ally to make sure that what I think is happening at the top is what’s actually happening at the bottom,” Dyer said.


Dyer’s and Savits’ victories last month were an exception to what was largely a nationwide turn away from reform politics. 

In Chicago, retiring State’s Attorney Kim Foxx, who championed reforms like the abolition of cash bail statewide and the development of the nation’s first restorative justice community court, will be replaced by tough-on-crime Democrat Eileen O’Neill Burke, who has promised to roll back some of Foxx’s policies. In Los Angeles and Alameda Counties, progressive prosecutors George Gascon and Pamela Price were unseated amid complaints that their lenience was to blame for crime, which has largely declined since the pandemic, and social issues like opioids and homelessness. On the national stage, the Democratic party’s national platform abandoned issues like police violence and mass incarceration that were at the core of past campaigns

For many observers, this election signaled a waning in the strength of the criminal justice reform movement that came into full force just four years ago. 

But criminal justice reform has managed to remain on the agenda in Michigan. In October, the state enacted an overhaul of the juvenile justice system to eliminate most of the fines and fees that saddled young people with debt and penalized them for being unable to pay. Widespread dissatisfaction with the juvenile justice system helped stoke an appetite for continued change in Washtenaw, according to some of Dyer’s supporters. She wasn’t the only progressive candidate running for sheriff in Washtenaw. She narrowly won the primary against Derrick Jackson, the current director of community engagement at the sheriff’s office who works closely with grassroots reform groups and has a track record of boosting diversion efforts. In many communities, Dyer’s message resonated more deeply in many Washtenaw communities because her vision for reform was more bold, said Carolyn Madden, co-chair of Friends of Restorative Justice. 

“It was a matter of being a bit more progressive, a bit more out there, a bit more bold. And that is what we need in our criminal justice system right now—some boldness—and Alyshia seems to want to make some real change,” Madden said. 

Madden’s organization has already worked with Savit to help develop his office’s restorative justice process to repair the harm caused by a crime without “heaping on punishment,” Madden said. The program puts charges on hold for 18 months while the perpetrator of a crime works with the victim and community-based mediators to repair the harms they caused and address the underlying issues that led to their actions. Prosecutors drop the case if there are no new violations at the end of the period—though offenses that pose a serious risk to public safety or involve domestic or sexual abuse are not eligible for restorative justice. She hopes Dyer’s expertise in social work will help expand restorative justice practices in Washtenaw and improve opportunities for rehabilitation both in the community and in the jail.

“When police work very closely with the community, they know the people and they can go about addressing issues with different kinds of programs. Even if you’re not going to arrest them, particularly young people, you have to help them. You have to give them other things, especially if it’s a result of young people being confused or impoverished,” Madden said.

Alyshia Dyer at her swearing-in ceremony on Dec. 3. (Photo by Charlotte Smith)

The county is already piloting a program to that effect: the Law Enforcement Assisted Diversion and Deflection (LEADD) initiative, which was spearheaded in part by Jackson’s community engagement team within the sheriff’s office. Unlike typical diversion programs, where the court drops charges once a person meets certain conditions like completing drug treatment, LEADD allows county officers to connect someone to a case manager to get the support they need in lieu of making an arrest in the first place.

“The goal is to provide an alternative to arrest or citations for individuals who have unmet basic needs that stem from things like mental illness, substance abuse, and severe poverty and homelessness. It can increase the number of people getting the services they need and decrease the number of people in contact with the criminal justice apparatus,” said Hailey Richards, the program coordinator for LEADD.

Many of Dyer’s supporters hope she will continue to build upon the LEADD program, which is currently being tested in Ypsilanti Township, and expand it across the rest of the county. The pre-arrest diversion model “is a less harmful way police can offer someone assistance, and it can really help change people’s lives,” Dyer said. But there remains a need for community-based alternatives for responding to many issues that armed law enforcement officers are not best suited to deal with. Dyer says she also plans to support these by using a portion of the county’s budget dedicated to mental health and public safety initiatives.

“We as a country have dumped everything on law enforcement. But officers are not doctors, are not social workers, they’re not therapists, and we keep expecting them to be. I talk to officers who say they don’t like to go on low-level calls or calls involving mental health when they’re not trained to understand how to handle it,” Dyer said.

 “We have a unique opportunity to really start building safety net responder programs that avoid the legal system.”

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Orlando Prosecutor Ousted by Governor Wins Her Job Back https://boltsmag.org/tampa-orlando-proscutor-elections-2024/ Wed, 06 Nov 2024 03:02:00 +0000 https://boltsmag.org/?p=7073 Monique Worrell defeated the prosecutor Ron DeSantis appointed to replace her last year. In Tampa, however, another prosecutor removed by the governor lost his attempt at a comeback.

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One of the two Florida state attorneys ousted by Governor Ron DeSantis over her reform policies won her job back on Tuesday, while another lost to the tough-on-crime replacement the governor appointed in his place. 

Monique Worrell, the Democratic state attorney in Orlando who was suspended by DeSantis last year, won 57 percent of the vote, defeating incumbent Andrew Bain, a member of the conservative Federalist Society whom the governor had appointed to replace Worrell after accusing her of neglecting her duties as a prosecutor. 

“Tonight’s results underscore the resilience of our democracy and a powerful message from the people: No governor’s petty political maneuvers and no amount of dark money can silence the voices of thousands who demand a fair, smart approach to justice over the failed, outdated policies of the past,” Worrell said in a statement released by her campaign. “We’re bringing back a State Attorney who knows this role isn’t about racking up convictions but about pursuing justice without bending to a political agenda.” 

In Hillsborough County, home to Tampa, Democrat Andrew Warren lost to incumbent Suzy Lopez, who was appointed by DeSantis in August 2022 after the governor removed Warren, arguing that he had also neglected his duties by vowing to not prosecute abortion cases and ending the aggressive prosecution of Black cyclists and pedestrians. Lopez won 53 percent of the vote.

In a statement, Warren defended his record and slammed the governor’s actions. “The best candidate doesn’t always win, especially when the other side cheats—illegally suspending you, then spending millions of dollars lying about you,” Warren said. “I hope Ms. Lopez grows into this role to become an effective and independent state attorney—not beholden to the governor or sheriff, but accountable to the people.”

Worrell and Warren had fought their suspensions in the courts, alleging that DeSantis overstepped his authority and removed them for political reasons. In August, the Florida Supreme Court, which is largely filled with DeSantis appointees, upheld the governor’s decision to remove Worrell by a vote of 6–1. Warren had found more success—two federal courts ruled that the governor’s conduct violated his First Amendment rights, but a decision by the federal appeals court hearing Warren’s case was stalled after DeSantis requested to argue his case in front of the full panel of judges. 

In the lead-up to Election Day, Warren and Worrell faced questions about whether DeSantis would ultimately remove them from office again and replace them with his appointees. In an interview with Bolts this summer, Warren acknowledged that he and other Democrats were being watched by DeSantis on the campaign trail. “Every Democratic candidate in Florida has to campaign under the threat of DeSantis removing them solely because they’re a Democrat, solely for political reasons,” he said. 

Ahead of the election, DeSantis would not commit to deferring to voters if they again elected Worrell and Warren, suggesting he might remove them again. 

“When both of those folks were in office, they took the position that they didn’t have to enforce laws they disagreed with that caused people to be put back on the street who then victimized folks that should not have been victimized,” DeSantis told reporters at a September press conference when asked about what he’d do if they won. 

Andrew Warren, center, here pictured in 2021 with Democrat Charlie Crist, left, who was running for governor against Ron DeSantis in 2022 when DeSantis removed Warren from office. (Andrew Warren/Facebook)

Under state law, Florida’s governor has sweeping authority to suspend local elected officials for several reasons, such as neglect of duty, drunkenness, or malfeasance. Louis Virelli, a constitutional law professor at Stetson University, told Bolts there’s a high standard for neglect of duty, the reason for which DeSantis suspended Worrell and Warren, and it usually requires being able to show that someone won’t do their job, not just that they’ve established certain policies. Virelli, who would only speak about Warren’s case because he was not familiar with Worrell’s, said DeSantis’ removal of the prosecutor didn’t rise to that standard. 

“Honoring the outcome of elections is what makes us a democracy,” Virelli told Bolts. “There’s nothing else to a democracy. Either we get to choose our representatives and our elected officials, or we don’t, and if we don’t, we’re not a democracy anymore.”

Beyond ousting local elected prosecutors, DeSantis was also accused of meddling in Orlando’s race for state attorney. Thomas Feiter, a Republican who lost in the August primary, said in a lawsuit last month that DeSantis’ team tried to bribe him to drop out of the race and help clear the way for Bain, who ran as an independent; the candidate who beat Feiter quickly dropped out of the race after winning the GOP primary. Feiter also wrote in a complaint to the Florida Bar Association that if Worrell won, DeSantis planned to remove her again and replace her with Bain. A local judge dismissed Feiter’s case last week on procedural grounds and the bar association did not follow up on the claim. 

“If Monique wins, I think—well, they told me that the plan is to remove her again, and just put Bain back in,” Feiter said in September on local radio channel WMNF. 

DeSantis did not respond to questions from Bolts about whether he plans to again remove prosecutors who were elected by voters. 

Residents in Tampa and Orlando quickly felt the impact of DeSantis’ removal of their elected state attorney. In Tampa, the governor’s appointee, Lopez, swiftly rolled back Warren’s policies. Warren had instructed line prosecutors to stop pursuing nonviolent, misdemeanor cases resulting from bicycle and pedestrian stops after a 2015 Tampa Bay Times investigation showing such police stops overwhelmingly targeted Black people. Within four days of her appointment in 2022, Lopez sent out a memo lifting restrictions on how her office handled bicycle and pedestrian stop cases. 

On Tuesday night, Yvette Lewis, president of the Hillsborough County NAACP, an organization that helped craft Warren’s policy, said she was disappointed with the results. “Not good for Black people,” she wrote in a text message. 

In Orlando, Worrell had campaigned on a platform to reform the criminal justice system. Among her goals was to tackle mass incarceration and cut down on the number of kids tried in adult court. Worrell was also the director of the conviction integrity unit under former State Attorney Aramis Ayala and had approved DNA testing for two capital cases through her own unit shortly after taking office.


This story was updated on Nov. 6 to include a statement from Worrell. 

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Chicago Police Made Nearly 200,000 Secret Traffic Stops Last Year https://boltsmag.org/chicago-police-secret-traffic-stops/ Wed, 21 Aug 2024 15:27:15 +0000 https://boltsmag.org/?p=6638 Chicago police are required by law to report every traffic stop. But a new investigation found one-third of traffic stops went unreported.

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This article was produced as a collaboration between Bolts and Injustice Watch, a Chicago-based nonprofit journalism organization examining issues of equity and justice in the court system.


Chicago Police officers have secretly pulled over as many as 20,000 more drivers per month in the past year than they have reported publicly, in violation of a 2003 law requiring them to document every traffic stop, a Bolts and Injustice Watch investigation has found.

The rate of stops conducted off-the-books has increased under Superintendent Larry Snelling, even as he has positioned himself as an agent of reform who is moving the Chicago Police Department away from its longstanding strategy of using traffic stops to find illegal guns and tamp down on crime. In June, Snelling reported traffic stops were down by about 87,000 over the same time last year. But behind that reduction is a pattern of thousands of unreported police encounters, which accounted for one-third of all traffic stops over the first seven months of Snelling’s tenure.

Records obtained by Bolts and Injustice Watch show police department officials know the traffic stop data they report to state regulators are an undercount. Internally, the department tracks stops using police radio data that doesn’t rely on officers filling out the state-mandated forms.

The findings come at a time when the police department’s targeting of Black neighborhoods with thousands of traffic stops has come under increased scrutiny, following the March killing of Dexter Reed, who was shot 13 times by five plainclothes officers just seconds after being pulled over for a seatbelt violation. The officers said Reed fired at them first.

While many police departments across the country have moved away from the use of traffic stops as a crime-fighting strategy, Chicago remains a stark outlier, with more stops per capita than most major cities, according to a recent analysis by the New York Times.

Pulling over drivers for minor traffic infractions like a broken tail light, or turning without a signal has been a central part of Chicago’s policing tactics for nearly a decade. Officers have used targeted enforcement of minor traffic issues in Black and Latinx neighborhoods as a way to find and remove illegal guns from the streets. The goal, former top police officials have said, is to deter drivers from carrying guns and drugs. Critics say the practice is, at best, an ineffective waste of city resources, and, at worst, an illegal violation of people’s rights that puts drivers and officers in harm’s way.

Snelling has pledged to change course, and earlier this year launched a process to bring traffic enforcement under the oversight of the federal consent decree CPD has been under since 2019. Community groups and advocates pushed back on this effort, arguing the slow-moving consent decree process would delay real traffic stop reform. The sweeping set of court-ordered reforms was designed to address patterns of discriminatory misconduct, excessive force, and rights abuses found to be prevalent in the department, but so far the department has fully met just seven percent of its obligations under the decree. 

The significant number of undocumented traffic stops threatens to undermine any reform efforts and obscures the true impact of the police encounters from oversight groups, preventing them from fully understanding which drivers are stopped, and where in the city they are concentrated.

As Snelling moves to bring traffic stops under federal oversight, the lack of transparency also calls into question whether the department will make a good faith effort to curb the problematic police conduct, or if leaders will instead just sweep those patterns out of view from the public.

“It is quite concerning, especially if CPD is intentionally not recording traffic stops so they can claim they’re fixing the problem, when all they’re doing is hiding it behind an absence of data,” said Alexandra Block, director of the Criminal Legal System & Policing Project at the ACLU of Illinois. 

Snelling declined to be interviewed for this report. A spokesperson for Chicago Mayor Brandon Johnson declined to comment.

When asked about the unreported stops, the police department’s public relations staff stood by the publicly-reported numbers.

“The Chicago Police Department is committed to implementing substantive and lasting reforms rooted in constitutional policing as we work to build trust in our communities. Superintendent Snelling is committed to ensuring traffic stops are being used effectively,” a Snelling spokesperson wrote in an emailed statement.

200,000 traffic stops missing from reports to state last year

Traffic stops have grown increasingly central to the reform goals of civil rights and police accountability groups in Chicago since the department began to reel in the use of pedestrian stops nearly a decade ago. Police moved away from the controversial tactic known as stop-and-frisk after a wave of scrutiny launched by the police killing of teenager Laquan McDonald in 2014, as well as the botched investigation and coverup by police, prosecutors, and the mayor. The following year, the ACLU of Illinois released a report finding officers regularly targeted Black Chicagoans and violated their Fourth Amendment rights using stop-and-frisk; the city eventually agreed to a legal settlement to begin to reduce the practice.

But as footstops plunged, traffic enforcement in Black neighborhoods soared. Many dubbed this pattern the new stop-and-frisk; police were still initiating millions of encounters with civilians to fish for guns and evidence of other crimes, but by stopping cars rather than pedestrians.

Watchdogs were able to sound the alarm on the massive increase in traffic stops in Black neighborhoods thanks to the Illinois Traffic Stop Study, a 2003 law that requires law enforcement agencies to report the details of every traffic stop to the Illinois Department of Transportation, including a car’s make and model, the driver’s race, and the justification for the stop. With this granular level of data, the state’s racial profiling oversight board is supposed to identify troubling disparities and advise police departments to make changes.

The study has repeatedly shown clear disparities in how often officers pulled over Black drivers. In 2020, Chicago police stopped Black drivers at seven times the rate of white drivers and searched Black drivers or their cars more than three times as often. The ACLU of Illinois sued the city in 2023 on behalf of five drivers who alleged they were racially profiled and had their rights violated in dozens of traffic stops, many of which were not reported.

But the board has never had an accurate picture of the full scope of traffic stops, because the numbers Chicago police reported to the state didn’t match their own internal records.

Our analysis of the radio dispatch data found nearly 200,000 traffic stops last year that were not properly documented or reported to the state.

Traffic stops have, in fact, been falling since early 2023, but not by as much as the state data appears to show. According to the publicly reported data, Chicago police made about 74,000 fewer stops from January through April, a 35 percent drop from the same period last year. But the police dispatch data shows the true reduction in stops was less than 59,000.

“It presents issues for effective oversight and accountability. If you don't know what's happening on the ground, it is hard to make accurate judgments about it. But the data that does exist does paint a pretty clear picture,” said Amy Thompson, an attorney for Impact for Equity who also sits on the state racial profiling oversight board.

She said the board is developing a survey to uncover why some police departments are not in compliance with the law, but it is only an advisory panel that doesn’t have the authority to make sure police are accurately reporting stops.

Data reported to the state in the first half of this year show the gap between stops of Black and white drivers narrowing to three times as many, according to an analysis by WBEZ Chicago.

But with so many stops happening off-the-books, those reports are a misleading portrayal of the purported improvements. Since the radio communications data doesn’t track details like the race of the driver and whether officers did a search, watchdogs groups can’t calculate the extent of the disparities in the off-the-books stops.

"It raises the concern that potentially the stops that are missing are ones where there are harms that are not being surfaced, or where there are particularly egregious incidents that are happening,” Thompson said.

CPD did not answer questions about why there are so many traffic stops logged in the radio system with no paper trail. But two former Chicago Police commanders said in interviews that a small amount of the discrepancy could be due to dispatchers mistakenly logging other kinds of officer activity like a footstop as a traffic stop, or by backlogs of paper traffic stop documents that are delayed from being entered into the record-keeping system or lost altogether.

Jacquez Beasley, one of the drivers suing the city over the traffic stops, suspects his experience of being searched without consent during a traffic stop is far more common for Black drivers than police report to the public.

When he and his brother were pulled over for plate violation in 2021 by a plainclothes officer in an unmarked SUV, the situation quickly spiraled out of control, Beasley said in an interview. After asking Beasley and his brother for identification, the officer called for backup, he said. Within minutes, a large group of undercover cops swarmed the car, ordered them to get out of their car, and detained them.

"The way they flooded the scene, the way they pulled up like that, it escalated so quick. They went from asking my name to putting my brother in cuffs in just minutes,” Beasley said. 

When they asked to search Beasley’s car, he felt he didn’t really have much of a choice. "There was no cause to even search the car. But I knew there wasn't any saying no. I just wanted to get it over with,” he said.

The search turned up nothing, and Beasley was never ticketed for the traffic infraction, he said. The officers still should have made a detailed account of the encounter, under the state law, but there is no record in the traffic stop data that the officers stopped and searched Beasley and his brother, according to the lawsuit. Beasley said he believes officers didn’t bother to report the traffic stop because they didn’t find any drugs or weapons to justify the unnecessary search.

“They didn't find anything. If they found something, they would’ve put the report in. But when they screw up, they want to make themselves look good,” Beasley said.

A previous investigation by Block Club Chicago and Injustice Watch found Chicago Police use traffic stops in Black neighborhoods to target illegal gun possession, though officers had to make over 150 stops for each gun found. And even when officers did make a gun arrest, they often failed to report that the arrest began with a traffic stop.

Missing Chicago police data hinders oversight efforts

In the aftermath of the murder of Laquan McDonald in 2014 and the scathing Department of Justice investigation that followed, a constellation of police oversight agencies were created in Chicago to address the department’s history of unconstitutional and discriminatory policing.

All of those bodies have been stymied by the department’s inconsistent record-keeping and lack of transparency.

The independent monitors assigned to oversee the city’s reform of stop-and-frisk under the settlement with the ACLU of Illinois noted in a series of reports the “unknown quantity” of missing stop-and-frisk documents made it difficult to assess whether officers were complying with the new standards. The monitoring team made recommendations to improve transparency, but unreported stops persisted.

An inquiry last year by Chicago Inspector General Deborah Witzburg into how long it takes for Chicago Police to respond to 911 calls for help was similarly limited by missing data in up to half of all 911 calls. This prevented any analysis of disparities in 911 response times across the city and the factors that contribute to delayed responses, according to the report. 

A separate OIG investigation into use-of-force incidents found Black Chicagoans are far more likely to be stopped, searched, and have an encounter with police escalate into a physical altercation. But the Inspector General’s findings were again limited by unreliable data marked by undocumented encounters.

In the course of investigating patterns in use-of-force incidents, Witzburg’s team examined data on the encounters where such complaints often emerge, including traffic stops. Police provided investigators with data only from traffic stops where officers filled out the required documents—but not those tracked through radio communication records.

"There's a reason that CPD members are required to collect that data on every traffic stop. It is so that oversight entities and the department itself and community stakeholders can get a complete view of the department's traffic stop activity. That only works if they are, in fact, collecting all the data,” Witzburg told Bolts and Injustice Watch.

Illustration by Verónica Martinez for Injustice Watch/Bolts

Although this investigation confirms CPD leadership internally tracks undocumented traffic stops using radio communications data, the Inspector General’s report notes that the police department “was not able to provide OIG with any empirical estimate of rates of unreported or improperly reported stops or uses of force.”

Of the various oversight bodies meant to check CPD’s authority, only the Civilian Office of Police Accountability (COPA) can investigate misconduct allegations and punish individual officers. It, too, has dealt with incomplete data in completing its investigations.

The most common complaints the office receives involve claims an officer stopped or searched someone in violation of their rights. During the course of those investigations, the agency regularly disciplines officers for failing to report the stop that resulted in the complaint, COPA Chief Administrator Andrea Kersten said in an interview. In those situations, COPA must use other means, such as GPS and bodycam footage, to gather details about the misconduct incident.

"We're not necessarily limited in our ability to hold officers accountable and find information and evidence about those traffic stops. But we are limited by who complains about them,” Kersten said. “If there is no documentation about these stops, or we don't receive a citizen complaint, then we are not going to have any knowledge that it happened.”

Since 2022, COPA has expanded its capacity to follow patterns across misconduct incidents that point to an underlying issue in police procedures that the agency can advise to fix, Kersten said. The agency's Policy Research and Analysis Division is currently laying the groundwork for a study of the trends around the undocumented stops that COPA's investigators regularly flag, Kersten said. 

"The fatal shooting of Dexter Reed, and the nature of that stop, it shines an unfortunate light on the fact that we as a city need to better understand why this is a police tool that is being used, and what harms it may be causing,” Kersten said. "We are looking at trends across districts. We are looking at trends across different types of officers, to identify if there are unique patterns.”

Community advocates push for new traffic stop policies

Even before the police killing of Dexter Reed, a large coalition of community groups and advocates have called for police to adopt a formal policy to conduct fewer traffic stops. 

In April, Snelling asked U.S. District Court Judge Rebecca Pallmeyer, who oversees the federal consent decree, to bring traffic stops under the court’s supervision

Many advocates would prefer that traffic stops come under the purview of the Community Commission for Public Safety and Accountability, an oversight body created in 2021 which has the power to set police policy and call for the removal of a superintendent. The commission has asked Pallmeyer to avoid overtaking the community oversight’s role in monitoring traffic stops, since the panel has no authority to set policy on issues under federal supervision.

Advocacy groups have presented the commission with a policy agenda that has three main components: banning officers from using traffic enforcement to fish for unrelated crime, limiting traffic stops for non-safety violations, and restricting officers from asking drivers for consent to search them without suspicion of criminal activity. The commission will have a public hearing on Aug. 27 to gather input on how communities want the commission to intervene, and what a policy would look like. 

A number of U.S. cities have begun to phase out some traffic stops as a primary crime deterrent strategy, saying the risk for racially-biased harm outweighs potential public safety benefits. Philadelphia was the first major city to ban low-level traffic stops as a way to prevent racial profiling in 2021, and since then, a wave of cities including San Francisco, Ann Arbor, and Minneapolis have implemented similar policies.

“A number of cities have policies that refocus police away from making minor stops to prioritize activities that actually affect traffic safety, like dangerous driving,” said Daniella Gilbert, director of the Redefining Public Safety initiative at the Vera Institute of Justice, a national policy group. 

Some jurisdictions that have limited officers from making non-safety traffic stops have been able to focus resources on moving violations and drunk driving, resulting in safer roads and lower racial disparities, studies show.

“There are benefits to road safety itself, in addition to mitigating the erosion of trust and disparate impact that these kinds of stops result in,” Gilbert said. 

Prosecutors in Ramsey County, Minnesota, home to St. Paul, said in 2021 that they would stop charging arrests stemming solely from non-public-safety traffic stops, five years after a police officer in a nearby suburb killed Philando Castile during a traffic stop for a broken taillight. Cook County State’s Attorney Kim Foxx recently said her office would follow suit, but with just a few months left in office, it’s unclear if Foxx’s proposal will be implemented or maintained by her successor.

In the meantime, advocates are continuing to press for a stronger CPD policy to reduce the number of unnecessary stops, but any such efforts will be hampered as long as CPD continues to underreport traffic stops.

As the federal court mulls bringing traffic stops under the consent decree, there’s skepticism among residents and civil rights groups that anything will change soon. They’re disillusioned by Chicago Police’s already extremely low compliance with the consent decree reforms and the department’s track record of misleading oversight agencies to avoid accountability, said C.M.D. Chiimeh, an organizer for Southsiders Organized for Unity and Liberation, at the consent decree hearing.

“It is evident the current approach is ineffective and inefficient. The issues surrounding pretextual traffic stops need to be addressed now. And it has been proven the consent decree is incapable of doing that," Chiimeh said. "Putting this issue in the consent decree … would only continue to perpetuate overpolicing, degrade community trust, perpetuate racial disparities, and squander valuable resources associated with CPD's handling of traffic stops.”

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Tampa Voters Get Their Say Two Years After DeSantis Axed Their Democratic Prosecutor https://boltsmag.org/hillsborough-county-tampa-state-attorney-2024-election/ Wed, 14 Aug 2024 15:25:27 +0000 https://boltsmag.org/?p=6598 Andrew Warren wants his job back. He is challenging Suzy Lopez, the Republican who replaced him and stopped his policy meant to curb unfair prosecutions of Black residents.

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Andrew Warren is running to win back his old job as Tampa’s top prosecutor. Since the Democrat joined the race in April, he has released campaign videos, basked in endorsements, and raised hundreds of thousands of dollars—all the staples of a typical campaign.

But this campaign is anything but typical. Two years ago, Warren was abruptly suspended from his office by Florida Governor Ron DeSantis, who said he had neglected his duties because of statements such as a promise to not prosecute abortion cases. DeSantis summarily replaced him with Susan Lopez, a Republican who immediately reversed some of Warren’s signature policies, including his effort to stop the aggressive prosecutions of Black cyclists and pedestrians in Hillsborough County. 

Voters will now weigh in for the first time since DeSantis ousted the state attorney they elected. Lopez is running for a full term, but it’s Warren who won the office the last two times it was on the ballot, in 2016 and 2020. If he wins the Democratic nomination next week, he’ll face Lopez, who is running unopposed in the GOP primary, in November. (Editor’s note: Warren prevailed in the Aug. 20 Democratic primary; he will face Lopez on Nov. 5.)

The circumstances of Warren’s removal loom large over his third run. Hillsborough County has leaned Democratic in the past, but if Warren wins, DeSantis could try suspending him again. Warren filed lawsuits arguing that DeSantis exceeded his authority when he removed him the first time, and a federal appeals court earlier this year kept his case alive. Some experts say it’d be harder for the governor to suspend him again in the future, but these legal questions remain unsettled.

“Every Democratic candidate in Florida has to campaign under the threat of DeSantis removing them solely because they’re a Democrat, solely for political reasons,” Warren told Bolts.

Last year, DeSantis also suspended the elected Democratic prosecutor of Orlando, Monique Worrell, whose sentencing practices he disagreed with. He had already removed Broward County’s Democratic sheriff, replacing him with a new sheriff who backtracked on a local reform.  

Lopez, too, rolled back Warren’s reforms within just days of replacing him. On Aug. 8, 2022, just four days after her appointment, she sent a memo to her staff announcing changes to the office’s policies. Among them: She lifted Warren’s restrictions on prosecuting people when their charges stemmed from bike and pedestrian stops conducted by the Tampa police.

“Effective immediately, any policy my predecessor put in place that called for presumptive non-enforcement of the laws of Florida is immediately rescinded. This includes the bike stop and pedestrian stop policy,” Lopez said in her memo. DeSantis had named this reform among his reasons for removing Waren, saying that it demonstrates a “fundamentally flawed and lawless understanding of his duties as a state attorney.”

Warren had set up his policy in the wake of a 2015 Tampa Bay Times investigation that revealed that the majority of cyclists stopped by the Tampa police were Black. The story sparked an investigation by the U.S. Department of Justice that reached the same conclusion in 2016: Of 9,121 bicycle stops made by Tampa police over a 20-month period, 73 percent of those involved Black cyclists. Tampa’s population is 26 percent Black. 

The data ignited organizing in Hillsborough County. Civil rights organizations demanded reforms from both the local police and the state attorney’s office, which handles prosecutions. In some of these cases, the office was ensnaring cyclists in the criminal legal system by charging them with misdemeanors over nonviolent actions related to the bike stops, such as riding away from police or refusing to show identification.

Once he became the state attorney in 2017, members of the local chapter of the NAACP met with Warren to ask him to stop prosecuting those cases. “We were having conversations over and over again,” recalled Yvette Lewis, president of the Hillsborough County NAACP. The effort took years, with Warren forming a Racial Justice Work Group to examine the issue in the fall of 2020, after that summer’s Black Lives Matter protests, and finally releasing a new policy in January 2022.

In a memo to his staff, Warren instructed them to adopt a default approach of not prosecuting nonviolent, misdemeanor cases that result from these stops, broadening the policy’s purview to include pedestrian stops as well as bike stops. He also said line prosecutors should weigh whether the facts of the alleged crime still merit prosecution. “Actual or even perceived racial disparities in the use of bicycle and pedestrian stops undermine trust within the communities that law enforcement serves,” Warren said in a memo. 

In an interview with Bolts, Warren said “the reason why we were taking a critical look at those cases is because we don’t want to encourage that stop in the first place.” 

Andrew Warren, center, here pictured in 2021 with Democrat Charlie Crist, left, who was running for governor against DeSantis in 2022 when DeSantis suspended Warren. (Andrew Warren/Facebook)

Prosecuting those stops without first examining them, he said, was “perpetuating the revolving door to the criminal justice system.” 

“Obviously, we want people to comply with law enforcement,” he said. “We also don’t want to put more people into the system that can have a negative impact on their ability to earn a living and potentially cost taxpayer dollars to prosecute them and take away their freedom when they hadn’t done anything wrong in the first place.”

Tampa’s Black residents cheered the change, Lewis said. “The community felt like, OK, they can take a deep breath.”

Since Lopez lifted Warren’s policy and signaled to police that the stops they made would get prosecuted again, the fear of aggressive prosecution has returned, Lewis says. 

“We were definitely devastated by what she did,” she said. “It took us 10 steps back when it comes to helping the most vulnerable people that need help.”

Lewis said she has met with Lopez about the change but has made no progress toward switching it back. “I don’t think she gets it at all,” she said. “She’s never walked in our shoes. When you try to talk to her to get understanding, she doesn’t come with an open mind.”

Erin Maloney, a spokesperson for Lopez’s office, told Bolts in an email that Warren’s policy was just for show. “By the time Andrew Warren instituted that policy, Tampa Police had already changed how bike stops were conducted altogether,” she wrote. “He took a problem that didn’t exist and offered a solution.” 

But Maloney also faulted Warren for going too far in refusing to enforce Florida law, saying, “State Attorney Lopez follows the law instead of creating blanket policies that change the law.”

In November 2022, months after she became state attorney, Lopez gave a deposition in which she seemed to confirm that the Tampa police were still sending over bike stop cases to the state’s attorney’s office during Warren’s tenure. Lopez worked as a staff prosecutor in Warren’s office for part of his tenure before she became a county judge in late 2021. She said she saw those cases come in, and criticized Warren for how he handled them. (Lopez gave this deposition as part of one of Warren’s lawsuits to be reinstated.)

It’s unclear how many people have been prosecuted under Lopez in cases that stem from bike stops. Maloney said the office does “not have a way” to  determine whether past charges were tied to such stops. Still, a review of the Hillsborough County court system database shows that Lopez’s office has pursued criminal charges in such cases. 

In March, for example, police arrested a 31-year-old Black man who was walking in South Tampa because he did not comply with commands to stop and show his hands. He was charged with resisting arrest without violence, a misdemeanor, and detained on a $500 bond. Lopez’s office took the case to trial and lost; the jury found the man not guilty. 

In another case, prosecutors sought charges against a homeless Black man who fled police on his bicycle after they tried to stop him for disobeying traffic signals. The case was dismissed, only after a judge declared the man incompetent.

Warren staunchly defended his past policy in an interview with Bolts, but he also was vague when asked whether he planned to bring it back if re-elected. 

He said he would look at the data to see whether there was a reason to implement it, noting that these cases make up just a small fraction of the 60,000 cases referred to the office each year. He also said he would “keep doing the types of things that we did before.”

Warren may be worried that DeSantis will use whatever promise he makes against him. In early January, Warren announced that he wouldn’t run for state attorney because he feared that the governor would just be able to remove him again. Up until that point, courts had rejected his pleas to overturn DeSantis’ suspension; even a federal district judge who said that DeSantis had probably acted unconstitutionally also ruled that he lacked the authority to reinstate Warren. 

Warren changed his mind about running after he secured a victory against DeSantis in the 11th Circuit Court of Appeals, which instructed the lower court to reconsider reinstating Warren. 

Elizabeth Strauss, a local attorney, does not want Democrats to take the risk. She is running against Warren in next week’s primary and says she is a safer choice.

“A vote for Warren is a vote for Suzy,” she told Bolts repeatedly in an interview, warning that DeSantis could intervene to make sure Lopez remains in office if Warren wins.

“I just want people to vote with an informed decision and knowing that, okay, if I vote for him, there’s a chance he could get removed Day One,” Strauss said. “There’s other ways to challenge this and bring awareness to what the governor did without having the voters throw away their votes and end up with somebody that’s basically going to be his puppet.”

Ron DeSantis, here pictured in August 2022 during a press conference announcing Andrew Warren’s suspension as Hillsborough County state attorney. (Governor DeSantis//Facebook)

Strauss said she would not sign onto national policy statements like the ones Warren had joined while in office, which vowed to not prosecute cases involving abortions or anti-transgender laws. “I don’t plan on making myself vulnerable,” she said. In an email follow-up, she explained she would take a different approach to tackling issues with police stops by forming a civil rights unit. “While I will not refuse to prosecute based on any blanket policies, a Civil Rights Unit which actively investigates these matters is a more effective way to deter abuse of power by law enforcement officers,” she said.

Warren dismissed Strauss’ concerns, saying that he was focused on winning the general election in November. He has asked federal courts to expedite his case before the election, to no avail so far.

Carissa Byrne Hessick, director of the Prosecutors and Politics Project at the University of North Carolina, says she can see voters reacting to Warren’s comeback effort one of two ways. “It could be the sort of thing that really motivates voters to go to the polls and check the box for him,” she said. But, she added, “They might think that was too much chaos, and we don’t want to be fighting with the state.”

Robin Lockett, Tampa Bay regional director of Florida Rising, a voting rights advocacy organization that has endorsed Warren, told Bolts that she falls in the former group. 

“I think it’s brave of Andrew to still do what’s right for the people,” she said. “He can’t run in fear.”

Some Democratic voters, meanwhile, may be living in trepidation that the governor will just keep disregarding election results, no matter the office and the Democrat who wins. Other candidates running for local office have faced a similar cloud. “Sometimes it feels like a set up—or it’s all just theater,” a Democrat running for prosecutor in St. Petersburg told Bolts two years ago. This year, Worrell is seeking her old job back in Orlando, much like Warren is in Tampa.

At a political forum in May that featured the three state attorney candidates, as well as two candidates running for public defender, one attendee told them, “All of you are subject to being suspended by the governor.” 

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Florida Sheriff Backtracks on Reform to Stop Arrests for Minor Traffic Offenses https://boltsmag.org/broward-sheriff-traffic-stops/ Tue, 25 Jun 2024 15:31:50 +0000 https://boltsmag.org/?p=6347 Gregory Tony, a DeSantis appointee, restricted Broward County deputies’ ability to cite people instead of jailing them. His Democratic primary in August may decide the policy’s future.

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Addy Lubin remembers feeling helpless when a police officer arrested her for driving with a suspended license in Miami 15 years ago. Lubin had recently paid off her unpaid toll bills, which should have reinstated her license, but one of the payments didn’t go through because of a clerical error. Seeing that her license was still suspended, the officer who stopped Lubin then arrested her and booked her into jail. 

Lubin spent the night there. “It was so disgusting and it was dirty,” she said. “There was one toilet and like 20 of us in one cell.” 

“That was so disheartening because he didn’t have to take me to jail,” she added.

Under Florida law, whenever officers stop someone who is driving with a suspended license, they have the discretion to arrest them and book them in jail or issue a criminal traffic citation to appear in court. In some places, they can also issue a civil citation for a diversion program, which allows people to avoid jail and the criminal legal system. 

In recent years, Florida advocates have pushed for law enforcement agencies that patrol the state, whether police departments and sheriffs’ offices, to stop arresting and jailing people over low-level traffic offenses, which they say needlessly entangles people in the criminal justice system and saddles them with more fines and fees they can’t afford. The majority of licenses suspended in Florida are for unpaid court debt. 

Instead, advocates are asking law enforcement leaders to expand their use of civil citations for people who are pulled over for certain nonviolent driving offenses, such as driving with a suspended license, invalid license, or expired license plates. 

In Miami-Dade, where Lubin was arrested, this push has seen some success. County leadership is in the process of adding specific traffic offenses to the list of misdemeanors that are eligible for its civil citation program. But in neighboring Broward County, where Lubin worships, Sheriff Gregory Tony has reversed his county’s policy of listing nonviolent driving offenses in the county’s civil citation program. Broward County, home to Fort Lauderdale, has the largest sheriff’s office in Florida. It is the chief law enforcement agency in charge of patrolling the county. 

“I was fortunate in that I was able to get out and get that arrest taken care of. But not so many people are in that position,” said Lubin, who is a board member of BOLD Justice, a coalition of Broward County faith leaders who work to advance racial and economic justice. “We’re not even asking for something new to be put on the books. The program already exists. It’s just about ensuring law enforcement executes it.”

A spokesperson for the sheriff’s office declined to make Tony available for an interview and told Bolts in an emailed statement, “BSO deputies will continue to follow Florida law and the criteria for Broward County’s Adult Civil Citation program.”

Tony was appointed by Governor Ron DeSantis in 2019 after the Republican governor removed the prior sheriff from office. A Republican at the time of his appointment, Tony soon switched parties to be a Democrat—Republicans struggle to win office in this heavily blue county—and DeSantis recently named Tony as one of his favorite Democratic officials in Florida. Tony is up for re-election this year and faces three challengers in the Aug. 20 Democratic primary.

One challenger, David Howard, told Bolts that he is open to expanding the civil citation program to include specific driving offenses. 

Doing so would have widespread impact. Out of the nearly 1.6 million residents of Broward County with driver’s licenses, more than 61,000 people have a suspended license, according to data from the Florida Department of Motor Vehicles provided to Bolts. It’s unclear how many of those are suspended because of unpaid court debt because the state did not return a request for records in time for publication. In 2019, however, 77 percent of license suspensions in Broward County were for court debt, according to a report that year by the Fines and Fees Justice Center, an organization that works to get rid of bills in the criminal justice system.

“We shouldn’t criminalize those individuals because they cannot afford to pay that fine or that fee,” said Brian Anthony Campbell, a minister who is a member of BOLD Justice. “That’s really what we’re fighting against, the criminalization of poverty.”


Before Broward County adopted a civil citation program in 2018, deputies who suspected someone had committed a low-level, nonviolent offense had to funnel them through the criminal legal system by either arresting them or issuing them a criminal citation. They also had the choice to let them go. The new program gave officers another option: People could avoid a criminal record and the costs that go with it by completing community service, attending educational programming, and paying a program fee.

The county left it to the sheriff’s office to decide which offenses are eligible for the diversion program. 

At first, the sheriff’s office included driving offenses on the list of eligible offenses, according to a 2019 training bulletin reviewed by Bolts that also lists misdemeanors such as battery with minor injury, low-level theft, assault, criminal mischief, disorderly conduct, and possession of less than 20 grams of marijuana. “Misdemeanor criminal traffic offenses (DWLS w/Knowledge, No Valid DL, etc.) will be issued an Adult Civil Citation in lieu of a misdemeanor criminial [sic] traffic citation or physical arrest when feasible,” the bulletin said. 

Since its start in 2019, the sheriff’s office has referred 313 people to the civil citation program, according to data from the Broward County Division of Justice Services obtained by Bolts. Of those referrals, 284 people enrolled in the diversion program and 86 percent of people successfully completed it. 

According to the county data, deputies have never referred someone to the program for a traffic offense.

(Photo from Facebook/Broward Sheriff’s Office)

After realizing that the sheriff’s office wasn’t referring anyone to the civil citation program for driving offenses, BOLD Justice leadership last year pushed for Tony to include these offenses as long as the suspension wasn’t associated with a dangerous offense such as driving under the influence, as first reported by WLRN. Campbell said Tony agreed to the change when he attended the organization’s annual convening in spring 2023. 

“We left that meeting with the understanding that that would be the policy, what we were working on and fighting for,” Campbell told Bolts

By January, BOLD Justice obtained data from the sheriff’s office showing people were still being arrested for driving with suspended or invalid licenses. Veda Coleman-Wright, public information director for the Broward sheriff’s office, told Bolts in an email that it’s “rare” for someone to be arrested for only having a suspended license and that they usually have other charges. 

After receiving the data, Campbell reviewed a copy of the sheriff’s office’s operating procedures manual. It showed that in December 2023, rather than including misdemeanor driving offenses in the civil citation program as the 2019 bulletin did, Tony had actually reversed his office’s position and specifically excluded them.

Noel Rose, a pastor in Broward County and member of BOLD Justice, said the sheriff has voiced concerns to another member that DeSantis may remove him from office because of the civil citation program. DeSantis removed Tony’s predecessor, Sheriff Scott Israel, in 2019 because of the way his office handled the mass shooting at Marjory Stoneman Douglas High School in Parkland. DeSantis also removed Hillsborough County State Attorney Andrew Warren and Orlando State Attorney Monique Worrell from their posts over their reform policies that he opposes.

“That has been one of the reasons that the sheriff shared but we were just disappointed with him…because he made a commitment,” Rose told Bolts.

Howard, one of Tony’s challengers in the primary and a former police chief in Pembroke Park, a town in Broward County, criticized the sheriff for backtracking. In an interview with Bolts, Howard called Tony “a great gaslighter” and said that if he were elected, he has “no issue” with expanding civil citations as long as the office’s legal team signs off on the change. 

Tony’s other two Democratic challengers, Steve Geller and Al Pollock did not respond to requests for comment from Bolts. (The winner of the primary will be favored in the general election against independent candidate Charles Whatley; no Republican has filed to run.)

A spokesperson for State Attorney Harold Pryor, a Democrat whose office is in charge of prosecuting people who are arrested by the sheriff’s office, told Bolts he has encouraged Tony’s office to expand the civil citation program, and will continue to do so.

Broward County prosecutors drop the charges against people who are arrested for having a suspended license as long as they get a valid driver’s license within 30 days of arraignment and the charge isn’t related to an accident, a spokesperson for the office told Bolts. People who don’t have the money to get their license reinstated within that period also have the option to enroll in a driver’s license diversion program that educates them about how to get their license back, in part by requiring them to enter into a payment plan. 


Since 2020, Florida advocates have urged lawmakers to pass legislation that would eliminate driver’s license suspensions for unpaid court debt, but the bills have failed to gain traction. That’s likely because Florida’s courts are funded by fines and fees resulting from criminal and traffic convictions, said Sarah Couture, Florida state director of the Fines and Fees Justice Center.

People who go through Florida’s legal system are billed fines and fees falling under dozens of categories. As of 2018, the average cost of a misdemeanor was $1,000. If someone misses a payment, their license can be suspended, and after 90 days, their court bills are sent to a collections agency, which can add a surcharge of up to 40 percent, further inflating the amount owed.

Roughly three-quarters of drivers license suspensions in Florida are for unpaid court debt and the majority of drivers licenses are suspended for two years, according to the Fines and Fees Justice Center report. 

But the courts view license suspensions as “their only tool to compel people to pay their fines and fees,” so there hasn’t been an appetite to get rid of license suspensions for unpaid court debt, said Couture. 

In the absence of state legislators stopping the practice of suspending licenses for unpaid court debt, several Florida counties have implemented civil citation programs for people with non-dangerous traffic offenses. Advocates in Miami-Dade County, the state’s most populous county, began working to expand their civil citation program in 2021. 

Roughly one-third of licensed drivers in Miami-Dade County had a suspended license, according to a July 2022 report by a task force assigned to study drivers license suspensions in the county. Approximately 63 percent of those licenses were suspended because they failed to pay court debt. The task force also found that a disproportionate number of people with suspended licenses were from low-income areas. There were also racial disparities; six out of ten drivers who received a citation for a suspended license were Black, compared to the county’s population being just 17 percent Black. 

Miami-Dade officials—including the county’s head public defender, state attorney, clerk of the court, and chief judge—approved a plan to make driving related offenses eligible for their civil citation program this year. Those offenses include driving with a suspended license, not having a valid driver’s license, and having a suspended license plate. It excludes suspensions for DUIs and dangerous driving. 

County leaders are expected to give their final approval for the plan by the end of the summer.

“It would mean that thousands less people are being arrested and either ending up in jail or ending up with court fines and fees and also an arrest record,” said Jenneva Clauss, associate organizer for PACT, a sister organization to BOLD Justice. 

Clauss said she was disappointed that Tony in Broward County was not moving forward with the program as well. “It’s very unfortunate,” she said. “This needs to be happening everywhere in Florida because hundreds of thousands of people are impacted.” 

Correction (June 26): An earlier version of this story misstated Pryor’s name.

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A Michigan City Ended Low-Level Traffic Stops. Now the County Could Follow. https://boltsmag.org/traffic-stops-washtenaw-county-ann-arbor-michigan/ Thu, 06 Jun 2024 19:11:19 +0000 https://boltsmag.org/?p=6298 In the race for Washtenaw County Sheriff, candidates want to limit unnecessary police encounters and reduce fees from traffic enforcement.

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When Ann Arbor City Council member Cynthia Harrison began her initiative to stop police from pulling over drivers for minor violations, she listened to constituents who raised the issue of being stopped and sometimes searched for things like a broken tail light or expired registration. But for her, it was also personal—as a mother of Black men, she knew the feeling of fear and worry that sinks in for many drivers when they see flashing lights in the rearview mirror.

“It’s like these little cuts and scrapes that happen over time for Black mothers who have kids on the road who are driving,” Harrison said. “When I knew my youngest son was on the road, I was nervous all the time. I was on edge. When he called me, sometimes it was like my heart would stop.”

Harrison’s resulting policy, the Driving Equality Ordinance, passed handily in 2023 in the small progressive university town that often welcomes reform. The measure prohibits officers from pulling drivers over for small infractions, allowing them to send drivers a ticket in the mail instead. Now, the policy has also set the stage for a larger debate across Washtenaw County, where Ann Arbor sits. There, candidates in the race for county sheriff have echoed local calls to reform traffic stops, but have diverging visions on policy.

Sheriff Jerry Clayton announced in 2022 that he wouldn’t seek reelection after serving four consecutive terms leading law enforcement in Washtenaw. With no Republicans in the race, voters will choose Clayton’s successor in the Democratic primary on Aug. 6. Clayton never formally limited officers from making stops for equipment and registration issues. But he did previously speak out against the use of traffic stops to search drivers and fish for contraband after prosecutors decided in 2021 to stop charging many cases where drivers are arrested during a non-safety-related traffic stop.

Alyshia Dyer, a former deputy sheriff and social worker who is one of the three candidates in the sheriff’s primary, previously advocated for the Ann Arbor restriction on non-safety traffic stops and said she would scale the policy across the entire county if elected. 

One of her competitors, Ken Magee, does not support a restriction on non-safety stops, but has proposed a policy to reduce fines and fees from traffic enforcement. The third candidate, Derrick Jackson, has also included reforming traffic enforcement as an item on his platform, though his proposal for a comprehensive traffic stop study is less sweeping than the others’ plans. 

The traffic stop policy of whomever wins the race will most heavily affect those living not in Ann Arbor, but in surrounding areas like Ypsilanti Township, where the local government relies on sheriff’s officers in lieu of having its own police department. Nearly half of the 27,000 stops by sheriff’s officers in Washtenaw County in 2023 happened in Ypsilanti Township, where Black people make up a higher portion of the population than Ann Arbor and the county at large, data shows. 

“Traffic enforcement can often be a gateway for funneling people into the legal system. And even if you don’t get a ticket, it can cause a lot of trauma for people,” Dyer said. “Blanketing communities by making these low-level stops… I think all it does is criminalize the neighborhood instead of investing in the neighborhood to make it safer.”


Dyer’s approach to reforming traffic stops grew from her decade in the Washtenaw County Sheriff’s Office, where she encountered both pressure from the chain of command to do high volumes of traffic stops, and the negative effects of those stops on communities.

“I saw when I was doing community engagement work that it actually was reducing violence in the communities I was frequenting. But I was frustrated because I wasn’t getting evaluated on that good community engagement work,” Dyer told Bolts. “Instead, it was all about how many traffic stops, how many tickets or arrests you’re making.”  

It is illegal for law enforcement departments in Michigan to require officers to meet quotas for traffic stops, tickets and other activity. But even without a formal quota, higher-ups often evaluate officers’ performance using those metrics and officers are trained to initiate frequent contacts with civilians “to show they are being productive,” Dyer said.

“I really believe when you evaluate officers on punitive metrics like traffic stops, it creates an issue with over policing,” she continued.

In Ann Arbor, these policing practices rarely broke down evenly across racial lines. Around the same time that Harrison put forward the policy to reduce unnecessary encounters between police and civilians, Eastern Michigan University released a study that documented significant racial disparities in traffic stops conducted by the Ann Arbor Police Department. The study found Black drivers were stopped twice as often for equipment violations and searched at five times the rate that would be expected given their portion of the local driving population.

“It’s our goal to provide law enforcement services without bias or favor,” Ann Arbor Mayor Christopher Taylor told Bolts. But traffic stops based on equipment violations, where the racial disparity is the widest, generally “do not have any material public safety benefit.”

Harrison’s plan to take low-level violations like tinted windows, burned-out tail lights and loud mufflers off of police officers’ plates was intended to curb racial bias by preventing unnecessary police encounters. It is also meant to allow officers to focus on things that really make a difference when it comes to safety. Harrison based the ordinance on Philadelphia’s Driving Equality Act, enacted in 2022, that made it the first major city to limit officers from making stops for certain minor traffic offenses. 

“I want to free up the police department to go after speeding, running red lights, and those violations that can get someone seriously injured,” Harrison said.

The ordinance passed unanimously through city council with virtually no opposition. To Harrison’s surprise, the local police union did not challenge the reform, even though it limited officers’ authority.

“There is a common understanding that this is something the police should be okay with, in this day and age,” Harrison said. “I feel like we can be leaders, and we can set the example.”

In fact, police leadership announced that officers would stop pulling over drivers for equipment violations even before the ordinance took effect. “There is always a struggle with a change in culture,” said Ann Arbor Chief of Police Andre Anderson about the process of implementing the policy. (Anderson wasn’t police chief when the ordinance first passed, but is now overseeing its rollout.)

Despite some initial hesitation officers have been receptive to making changes that “ensure our actions build trust and don’t damage the relationship with the community,” Anderson told Bolts

The Driving Equality Ordinance in Ann Arbor served as a direct policy model for Dyer’s plan to end non-safety traffic stops throughout the county. Dyer’s proposal aims to end the indirect quotas by limiting the authority of sheriff’s deputies to pull drivers over for low-level infractions, including many of the same equipment and registration issues. Such a policy would have an immediate effect on traffic stops in Ypsilanti Township, Superior Township, and rural parts of the county where sheriff’s deputies routinely patrol. Shifting the culture within the department is equally important, Dyer said, and that’s something that must be achieved by restructuring the way officers are evaluated.


Michigan’s rules for funding the legal system also cloud the motive for county officers to do stops, since district courts are funded in part by traffic ticket revenue. The court in Ypsilanti Township has in recent years budgeted for some $625,000 in fees such as traffic tickets to flow through the court, accounting for up to a third of its funding, records show

The state’s Trial Court Funding Commission released a report in 2019 that said it was imperative to separate the justice system from penal fees due to risk of excessive police and court enforcement being used to boost municipal revenue. The funding mechanism risked a budget crisis for some courts during the coronavirus pandemic when fewer drivers were on the road and revenue plummeted, Dyer said.

“Local municipalities become reliant on it. What we realized during COVID is that it’s not sustainable,” Dyer said. “We shouldn’t be using deputies to be revenue generators.”

Magee, a former federal agent and one of Dyer’s opponents in the race for sheriff, also insists there should be no conflict of interest or incentive for officers to stop drivers for any reason besides traffic safety. The justice system shouldn’t balance its budget on the backs of working-class drivers, he said. But a blanket policy against stopping drivers over certain equipment and registration violations reaches too far and “flies in the face of traffic safety standards,” Magee told Bolts.

“These are traffic offenses that are geared towards making sure people’s vehicles are roadworthy and safe,” he said, adding that equipment standards prevent danger like carbon monoxide poisoning due to faulty mufflers.

Instead, Magee would reorient the ticketing system toward education rather than a financial penalty. Instead of paying a fine or challenging the ticket in court, Magee’s traffic education model would give drivers a third option: a short online course that addresses the specific traffic violation. Completing the 15- to 30-minute course suspends the ticket, and if the driver keeps a clean record for 18 months, the violation is dismissed without a fee or adding points to the driver’s record.

“Why are we utilizing this as a cash cow for the court systems?” Magee asked. “Traffic enforcement has to be about prevention of harm and educating people. It should not be a punitive process. An educated driver is going to save lives.”

Besides creating a traffic education model to take the money out of the traffic stop equation, Magee says the sheriff’s office must create “checks and balances” to address any biased policing and ensure officers aren’t making traffic stops just to make searches. 

To do this, Magee is proposing the creation of a countywide independent civilian oversight panel to investigate complaints of officer misconduct, review internal investigations and track any patterns that emerge in enforcement activities. Such accountability mechanisms are necessary, Magee says, to make sure existing guardrails like the quota ban are actually followed.

“Leadership has to hold their troops accountable to make sure those trends don’t lean towards racial bias, and leadership has to be held accountable for making sure those policies are adhered to,” Magee said.

Traffic stops are not the only issue that the incoming sheriff will face; at a public forum in May voters also questioned the candidates on how they would manage conditions at the local jail, develop programs for mental illness and substance abuse, and strengthen transparency and community partnership. 

But traffic enforcement is the most common encounter that people have with law enforcement, and in a progressive county where each of the candidates is trying to position themselves as a reformer, the differences between their platforms on this issue could impact how thousands of people experience their county’s policing force. 

Jackson, who is the current Community Engagement Director for the sheriff’s office and has received outgoing Sheriff Clayton’s endorsement in the race, has defended the current sheriff’s approach to reducing traffic stops and insisted that improvements are already in the works. While Jackson, who did not respond to Bolts’ request for an interview, proposed a study to analyze enforcement patterns, he approaches the issue of traffic stops as something to address through management rather than through a new policy. 

On the other hand, Magee and Dyer are more focused on entirely removing incentives for officers to make stops to gain ticket revenue or search for contraband. It’s a fundamental rethinking of the role of sworn officers in traffic enforcement that Anderson, the Ann Arbor police chief, says is happening more broadly. 

“It is something being considered all across the country, that at some point we will evolve in law enforcement where there may be alternative ways to address some of the more minor infractions,” Anderson told Bolts. “It may not be the police. There may be another way to address these concerns.”

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The post A Michigan City Ended Low-Level Traffic Stops. Now the County Could Follow. appeared first on Bolts.

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“An Impossible Choice”: Virginians Asked to Waive Constitutional Rights to Get a Plea Deal https://boltsmag.org/fourth-amendment-waiver-virginia-police-traffic-stops/ Thu, 09 May 2024 17:42:07 +0000 https://boltsmag.org/?p=6164 Governor Glenn Youngkin vetoed a bill that would have barred prosecutors from making defendants waive protections against unreasonable police searches as a condition of pleas.

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For Virginians facing criminal convictions with plea deals on the table, the unalienable constitutional rights they typically enjoy suddenly become negotiable. Under state law, prosecutors can ask people to sign away their Fourth Amendment protections against unreasonable search and seizure in exchange for reduced charges or sentencing. Black Virginians are much more likely than their white counterparts to get plea deals that waive these rights, which can open people up to random and invasive police searches long after they’ve resolved their cases.

In the capital city of Richmond, 96 percent of people who agreed to waive their Fourth Amendment rights in 2020 were people of color, data obtained by Bolts show. The city’s population was 45 percent Black and eight percent Hispanic. That same year in Lynchburg, Virginia, the second largest city, Black people accounted for 78 percent of all plea waivers signed, while they only made up 28 percent of the population. 

The practice, known as a Fourth Amendment waiver, permits police to search a person, their home, or vehicle for a specified number of years after a conviction, even if they’ve completed their sentence of incarceration or parole, and regardless of proof they committed a crime. People living under the waiver cannot challenge the legality of anything police find during a search. Lengths of the waivers can stretch long beyond probationary periods—prosecutors have ordered some people to waive their Fourth Amendment rights for as long as 20 years, according to data obtained by Virginia advocacy group Justice Forward through public records requests and shared with Bolts. 

Prosecutors say the waivers improve public safety. Colette McEachin, the commonwealth attorney for the city of Richmond since 2019, told Bolts the waivers are “very effective” in resolving cases and put people “on notice” once they’re released from incarceration. She also said the waivers prevent people from reacting violently to otherwise unlawful police searches. “They are aware that they’ve given up that right, because they had to sign an agreement that says that. Hopefully there will not be a dangerous situation where they are upset that law enforcement is searching them.” 

Defense attorneys, however, say the policy protects police who violate the constitution. 

“It encourages bad policing,” Lauren Whitley, chief public defender for the city of Fredericksburg and the counties of Spotsylvania, King George, and Stafford counties, told Bolts. “Fourth Amendment waivers give [police] free rein to do whatever they want. So there’s no consequence for them acting inappropriately or unprofessionally. I think that’s a real problem.”

Across the country, roughly 95 percent of cases in state courts are resolved through plea bargains. Prosecutors in some Virginia counties make the waiver a mandatory condition of a plea bargain, and people who choose not to accept them face the threat of a longer sentence after a trial.

That presents defendants with an “impossible choice,” Whitley says. “Your choice is either to go to trial or to accept the plea deal with the Fourth waiver.” She said the waivers are a standard condition of most plea deals in the localities where she works. 

Prosecutors can ask people to waive protections such as the right to a jury trial, the right to see evidence against them, or the right to erase their record later as a condition of a plea deal. Fourth Amendment waivers also happen across the U.S., in states including California, Georgia, and Idaho. 

Virginia was slated to abolish the practice earlier this year, when legislators passed a bill along party lines that would have prohibited plea deals and court orders that “waive, release, or extinguish” defendants’ Fourth Amendment rights. State Senator Saddam Azlan Salim, a Democrat who has backed criminal justice reform legislation in the past, was the sponsor. 

Supporters of the legislation cited concerns about prosecutors disproportionately leveraging the waivers against people of color. Governor Glenn Youngkin, however, killed the legislation in March, vetoing it along with 21 other criminal justice-related bills, stating they “undermine public safety.” (His office did not return a request for comment from Bolts on why he specifically vetoed the Fourth Amendment waiver bill.) 

Aaron Boone, the chief public defender in Lynchburg, says Fourth Amendment protections shouldn’t be up for discussion. “I think the specter of somebody losing a right, particularly a right of that kind of importance, should quite frankly, just be taken off the table. When your rights become negotiable they become cheap. I mean that’s the bottom line.”

Defense attorneys also worry that Fourth Amendment waivers exacerbate racial disparities in policing. Richmond police have already been found to stop Black people at a rate of five times higher than white people. Between July 2020 and December 2020, 77 percent of drivers stopped by Richmond police were Black while just 15 percent were white, according to a federal lawsuit alleging that city police discriminated against Black people. 

Typically, police must have a reasonable suspicion that someone committed a crime to stop and search them. But once a person signs away their Fourth Amendment rights, police are allowed to stop them at random. There’s no way to track the full scope of how often police stop people with Fourth Amendment waivers because the searches typically aren’t logged unless police find something. 

While Virginians on supervised release already agree to allow probation officers to randomly search their homes and vehicles, the Fourth Amendment waivers take these searches to the extreme; the search privileges outlined under the waivers go beyond what probation officers may search.

“You can be walking down the street, and a uniformed law enforcement officer can stop you, recognize you, and know that you have a waiver and then proceed to just search you without any cause,” said Rob Poggenklass, executive director of Justice Forward Virginia.

Police also stop people without knowing they have a waiver. For example, officers who find something during a search can go back to their database and see whether that person signed away their rights. If they have, police can then use the evidence they found during the search in court even if they didn’t have probable cause to stop the person in the first place. 

Ashley Shapiro, a public defender in Richmond who says her clients are often made to choose between accepting a waiver or a tougher sentence, argues that the waivers have provided a shield for police to illegally stop people. “Usually it’s that they stop people on the street for no reason and then get lucky that they happen to have a Fourth Amendment waiver,” she said. 

The waivers are often wide-reaching. A copy of a Richmond plea agreement including a waiver states a person waiving their rights “shall submit to search and seizure of his person, property, place of residence, vehicle and personal effects, at any time of day or night by any law enforcement officer with or without a search warrant, warrant of arrest or reasonable cause for a period of 3 years from the date of his release from active incarceration.” 

As the founder of Nolef Turns, a Richmond advocacy group for people entangled in the criminal justice system, Sheba Williams hosts workshops teaching attendees about how to stand up for their rights. But it’s not uncommon for Williams to hear from people who already waived their ability to assert their Fourth Amendment rights. The decision to forfeit, she said, is often made under duress. 

“Most people who are like, ‘Okay, well, I’m going to sign this agreement and I want to be free earlier or get sentenced to probation,’ aren’t thinking about how long this can actually go on,” said Williams. “So a person will say, ‘Well, look, I just want to be free. I just want it to be three years versus 30.’ And a lot of people are signing this right away.”

McEachin, the Richmond commonwealth attorney, said she looks at the facts of each case before deciding whether to ask for a waiver as part of a plea deal. In drug and gun cases, she said, asking a person to give up their Fourth Amendment protections is particularly important. “Those are the individuals who we want to be able to search in the future, if you’ve developed information that they have resumed criminal behavior,” she said. 

When asked about the data showing that roughly 96 out of every 100 people with waivers in Richmond are people of color, McEachin insisted her office’s use of them is not racially discriminatory. 

“I think that probably most of the people who have been charged are African American, or brown or Latino,” she conceded, but continued, “I think that everybody who’s an adult always has difficult choices, and this probably is a difficult choice. But it is a difficult choice that that person has arrived at through their own actions.” 

Use of the waivers often comes down to the discretion of individual prosecutors, and it varies across Virginia. Vikram Kapil, the head public defender for the southern counties of Halifax, Mecklenburg, and Lunenburg, said that only prosecutors in Lunenburg County try to include them in plea deals, especially for drug offenses. “We’re pushing back on it,” he said. “We generally say, ‘No, you shouldn’t do this.’ It’s tough telling someone who’s sitting in jail who isn’t able to go see their family and see their loved ones.” 

In Lynchburg, prosecutors previously used the threat of harsher sentences typically handed down by juries to convince people to take plea deals with the waivers. But after the passage of sentencing reforms in 2020 that provided protections against unfair sentences, prosecutors no longer had this tool to force the deals.

 “A lot of their leverage disappeared,” said Boone. “Also we made a concerted effort as a public defender’s office here to highly discourage people from taking these kinds of plea offers that include these things.” There’s no publicly available updated data on the application of the waivers but Boone said they are now used sparingly. 

Parisa Dehghani-Tafti, the commonwealth attorney for Arlington County, doesn’t use the waivers at all. Dehghani-Tafti, a former public defender who won on a reform platform, said their use makes it harder for people to successfully re-enter society. “We shouldn’t be trying to make it easy to convict them again, we should be instead trying to give them the support and the tools that they need to not get in trouble again,” she told Bolts

There was little opposition to the bill to abolish the waivers. The powerful Virginia Association of Commonwealth’s Attorneys was the only organization to come out against the legislation. “Fourth amendment waivers are a tool prosecutors may use for a few reasons, including for the benefit of the defendant and public safety,” Amanda Howie, administrator of the association, wrote in an email to Bolts. (Prosecutors in leadership of the organization did not respond to requests for comment).

While the governor’s veto allows prosecutors across the state to continue imposing the waivers, the Virginia Court of Appeals limited their reach last month, ruling that they do not extend to body cavity searches. The appeal centered on Lynchburg police attempting to reach inside a man’s buttocks on the side of the road following a 2020 traffic stop. The officers said they smelled marijuana and searched him because he had a waiver. 

The court reversed the conviction that resulted from the search, finding that even though the man consented to waive his rights against illegal searches, “consent to warrantless searches of a person in general, even when provided pursuant to plea agreement, does not include consent to intrusive searches of private areas in or on the body.”

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Behind Dexter Reed’s Police Killing, a Surge in Traffic Stops on Chicago’s West Side https://boltsmag.org/dexter-reed-chicago-traffic-stops/ Mon, 15 Apr 2024 13:38:05 +0000 https://boltsmag.org/?p=6043 The police district where Dexter Reed was pulled over has the most traffic stops in Chicago. Here’s why activists say that matters.

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This article was produced as a collaboration between Block Club Chicago, a nonprofit newsroom focused on Chicago’s neighborhoods, and Bolts, a nonprofit publication that covers criminal justice and voting rights in local governments.


It started as a traffic stop for an alleged seatbelt violation. It escalated to a deadly encounter within seconds.

Since the release of body cam footage showing plainclothes police killing Dexter Reed in Chicago, loved ones and activists have demanded to know why the 26-year-old was stopped, and how a simple traffic stop left Reed dead, an officer wounded and cops firing nearly 100 shots in a residential neighborhood.

The traffic stop is part of a pattern that has increasingly targeted Black neighborhoods in recent years and activists say may violate people’s rights. The traffic stops have been called “the new stop-and-frisk.”

And they’ve been particularly aggressive on the city’s West Side, where Reed was stopped and killed. Activists have warned for years that these traffic stops can spark volatile encounters.

In fact, police pull over more Chicagoans in the Harrison (11th) Police District, where Reed was pulled over, than in any other district in the city, according to a Block Club Chicago analysis of police data. The vast majority of those stops don’t lead to tickets. 

One-tenth of all Chicago traffic stops happened in that district—averaging more than 154 stops per day—even though the area accounts for just 3 percent of Chicago’s population, according to a report by Impact for Equity. About 96 percent of people living in the district are Black or Latino, according to the report.  

“The strategy ends up creating a dangerous situation for everyone rather than contributing to any improvement of public safety in Chicago, said Amy Thompson, staff counsel for Impact for Equity. “Pretextual stops are creating danger, not finding danger.”

She thinks that Reed’s arrest illustrates that danger. “Five officers rushed out in plainclothes for a seat belt violation. It clearly was an attempt to fish for crime,” she said.

Chicago’s Civilian Office of Police Accountability, the oversight agency that investigates when officers shoot someone, raised concerns over the reason officers gave for stopping Reed. Investigators are uncertain how officers would have seen Reed wasn’t wearing a seat belt given their positions and the fact Reed’s SUV had tinted windows, chief administrator Andrea Kersten wrote in a letter to Police Supt. Larry Snelling, obtained through a Freedom of Information Act request. 

Attorney Andrew Stroth and Dexter Reed’s family speak at a press conference on April 9, 2024, after the release of body cam footage that shows police fatally shooting Reed. (Photo by Colin Boyle/Block Club Chicago)

Newly released documents show the officers involved in the fatal shootout were being investigated for several other traffic stops that drivers said were unwarranted.

Police Superintendent Larry Snelling, who became Chicago’s top cop last year, has indicated the number of traffic stops is a problem, too. He has reversed course from previous administrations by pledging to reduce traffic stops. He also has committed to routinely training officers to ensure they act based on “reasonable articulable suspicion or probable cause,” he told neighbors at a town hall the day before footage of Reed’s killing was released.

“People have been sounding the alarm that the massive escalation in traffic stops would lead to more violent interactions because of the way this strategy is being conducted. These stops have become so routine and they are so ineffective that we knew we would have some tragedy like this occur as a result,” said Ed Yohnka, spokesperson of the Illinois ACLU. “The stops take place in this fashion where guns are drawn and there’s an immediate escalation of things.”

How stops surged after Chicago funneled more cops to traffic stops

Traffic stops in Black neighborhoods surged after a 2015 ACLU report found stop-and-frisk encounters were frequently baseless, targeted Black and Latino Chicagoans and routinely violated people’s rights. After the city agreed to reform the practice, Chicago police turned to traffic stops, Yohnka said.

The number of traffic stops Chicago Police reported to state watchdogs surged from under 100,000 in 2015 to nearly 600,000 in 2019, according to the Illinois Traffic and Pedestrian Stop Study. Documented stops dipped during the first years of the pandemic, but in 2023, Chicago police logged its second-highest number of stops in two decades, according to the Impact for Equity report. Black drivers are stopped up to seven times more often than white drivers, the state report showed. There are few traffic stops in districts where many police officers live while cops disproportionately stop drivers in Black neighborhoods.

But the study vastly underestimates Chicago police traffic stops. A Block Club investigation found hundreds of thousands of traffic stops annually that the department did not report to the state, in violation of a transparency law meant to address patterns of racial bias in police encounters.

Chicago police rely heavily on these encounters to search for contraband like illegal guns and drugs, stopping and arresting thousands more Black drivers than they report to oversight agencies, a Block Club investigation found. Officers make millions of stops but find guns in fewer than one of every 150 stops, Block Club and Injustice Watch found.  

“It is clear that this kind of stop has nothing to do with traffic safety. It is all about trying to search for guns and drugs,” Yohnka said. “If your expectation is to try to find a weapon, you look at that situation much differently than someone who rolled through a stop sign.”

An officer points a gun at Dexter Reed in a screenshot from a video of the shooting. (Image from The Civilian Office of Police Accountability)

Chicago police have funneled resources and manpower supposedly earmarked for other public safety strategies to make more traffic stops and scale up gun arrests, Bolts and Block Club have found.

The signature project of David Brown, Snelling’s predecessor, was a community policing unit purportedly launched to build trust between South and West Side residents and police, solve local problems and tackle crime at its root. By 2021, it was the largest unit in the department with over 800 officers.

But an analysis of dispatch records by Bolts showed those officers rarely did those positive community engagement activities. Instead, they were deployed primarily on the South and West sides as a roving strike team and the central enforcer of the growing traffic stop program. The community policing team stopped and searched more drivers than any other police unit, amounting to nearly one-third of the mountain of traffic stops in 2021, data shows.

The community team was dismantled amid outcry from watchdogs and legal turmoil from drivers and officers who complained of an illegal quota system that discriminated against Black Chicagoans. 

An ongoing class action lawsuit filed by Black and Latino drivers and the ACLU alleges the traffic stop strategy—and Brown’s community team in particular—flooded Black neighborhoods with traffic stops as a pretext to search drivers without their consent. The complaint references emails sent by then-Deputy Superintendent Ernest Cato III that ordered commanders to “utilize traffic stops to address violence.”

A former lieutenant on the community team sued the city in 2021, claiming leadership retaliated against him for refusing to  require officers under his command to conduct at least 10 stops daily. Though the community team was disbanded, Snelling reinstated it under a new name.

“Every officer in those units is not one that’s in the community, talking to neighbors and trying to find solutions,” Yohnka said. “Our clients described traffic stops where officers approach the car with their hand on their gun. People are being singled out and targeted for their race. It points out the danger of these stops, the inefficiency of the stops and the tragedy of the situation.”

Officers who are supposed to respond to 911 calls have also been steered toward traffic stops, a Block Club investigation found.

Hundreds of officers each day are assigned to rapid response duty, answering top-priority 911 calls and reducing long wait times that have become a pressing concern for many communities, according to police directives. It is supposed to allow beat officers to stay on their local patrols and build community relationships rather than respond to emergency calls.

But dispatch data shows rapid response officers rarely handle 911 calls. Instead, the majority of those officers are dedicated to traffic stops, the data shows.

“That’s a lot of manpower,” community organizer Arewa Winters said. “While we have all these issues going on everywhere, and you’re pulling people over with no good outcomes. Is that a practical use of manpower? Could you be somewhere else doing something else?”

A promise to reduce traffic stops: ‘We have to unlearn old things’ 

Snelling, the city’s first superintendent chosen under a new community oversight commission, has broken from past leadership by promising to address the harms caused by the mass use of traffic stops. 

Former Supt. Brown denied the existence of racially discriminatory stops and quotas and rejected evidence that stops were used to fish for gun possession cases.

At an April community hearing, Snelling acknowledged how traffic stops are part of the department’s strategy for dealing with guns, touting the department has scaled back on traffic stops while still increasing gun arrests. Snelling plans to continue to reduce traffic stops by training officers on different tactics, he said.

“We have to train the officers out of that and bring them into something new,” Snelling said. “In order to get them to learn new things, we have to have them unlearn the old things.”

Police Supt. Larry Snelling speaks at a press conference at Chicago Police Headquarters on April 12, 2024. (Photo by Colin Boyle/Block Club Chicago)

Snelling said Chicago police have conducted 46,000 fewer stops in 2024 compared to the first quarter of last year. Police spokesperson Thomas Ahern declined to share a source for how the department tracked that reduction in stops, saying the statistic came from “computer data.”

To address the long-term issues with traffic stops, Snelling committed to bringing traffic stops under the supervision of the federal consent decree so the reductions “will be long lasting after I am gone,” he said.

But many are skeptical and urge the superintendent to take more immediate action. Only 6 percent of the requirements from the consent decree have been met in the five years since it took effect, according to a recent report.

“Whether or not Snelling views traffic stops differently, in order for community to have clarity on what their interactions with law enforcement will be, and even so police has clarity on what they can and cannot do, there needs to be a formal policy on these pretextual stops,” said Thompson of Impact for Equity.

When the goal is to investigate unrelated crime, officers are motivated to escalate a traffic stop to search for contraband, not deescalate the situation, Winters said. The tactic widely used in Black neighborhoods thrusts hundreds of thousands of Chicagoans each day into a high-risk situation that could turn lethal at any moment.

Investigators concluded Reed shot at officers first. But the focus on who fired first distracts from the bigger picture, Winters said: Neither the officers nor Reed were in a potentially deadly situation until police pulled Reed over. 

“The conversation needs to begin with what the police started with and how they approached that young man.”

It is reminiscent of when officers killed Philando Castile during a traffic stop near Minneapolis in 2016, Winters said. Officers used a broken taillight as a pretext to stop Castile and investigate him for an unrelated armed robbery nearby, an investigation showed. Within a minute of the encounter, officers fired at Castile while his girlfriend and her 4-year-old child were in the car.

That same year, Winters’ nephew Pierre Loury was killed after officers pulled over a car he was in to investigate a shooting earlier that day. After the 16-year-old tried to run away, an officer shot Loury after the teen climbed a fence.

“I know so many other families who have lost loved ones to police. We’re retraumatized, we’re frustrated, we’re angry, we’re hurt,” Winters said. “It’s truly overwhelming. But at the same time, we have to fight. We have to push back on the narratives that they try to spin.”

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Bolts is a non-profit newsroom that relies on donations, and it takes resources to produce this work. If you appreciate our value, become a monthly donor or make a contribution.

The post Behind Dexter Reed’s Police Killing, a Surge in Traffic Stops on Chicago’s West Side appeared first on Bolts.

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“I’m Just Another Traffic Stop” https://boltsmag.org/chicago-community-safety-team-policing-traffic-stops/ Mon, 04 Dec 2023 16:15:59 +0000 https://boltsmag.org/?p=5554 Chicago built a new police team to rebuild community trust. It harassed drivers of color instead.

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It had been a year since a federal judge ordered the city of Chicago to overhaul its police department. The requirement was to address discriminatory policing and misconduct that had decimated public faith in law enforcement, and progress was slow. But in summer 2020, the recently appointed Superintendent David Brown announced a new direction in public safety that promised to strengthen the bond between police and the communities they serve.

At the core of this community-centric policing strategy was a newly minted unit, the Community Safety Team. Brown said their mission would be getting to know neighbors, partnering with local churches, block clubs and businesses, and empowering residents to guide law enforcement’s crime priorities and solutions to neighborhood safety issues.

“The only way to create safer communities is one neighborhood at a time,” Brown said at the July 2020 announcement of the new team. 

But rather than police encounters aimed at building community trust, data show the Community Safety Team, which quickly grew to over 800 officers in less than a year, focused instead on interactions known to harm community relations: hundreds of thousands of traffic stops. 

The Community Safety Team was responsible for nearly a third of all traffic stops citywide by 2021, more than any other police team. Community Safety officers overwhelmingly stopped drivers in Black neighborhoods on the South and West Sides, contributing to massive racial disparities in traffic enforcement, data show.

Police accountability watchdogs say the Community Safety Team’s conduct reveals a pattern of the Chicago Police Department (CPD) hiding aggressive tactics beneath a veneer of community policing. In the past, CPD’s most aggressive units made heavy use of stop-and-frisk encounters to search people for drugs and weapons. But since a 2015 lawsuit led to major reforms of the practice, CPD replaced stop-and-frisk with stopping exponentially more motorists.

Now, despite a new progressive mayor’s outspoken stances against such notoriously harmful policing practices, and a newly confirmed police superintendent signaling a decisive shift in public safety strategy, many doubt whether the department can course-correct to an earnest community policing model. 

“The city has a horrific history of these roving, violent citywide teams…that racially profile people and terrorize and physically brutalize people,” said Alexandra Block, Director of Criminal Legal Systems and Policing Project for the American Civil Liberties Union of Illinois. “The Community Safety Team is just an outcrop of that pattern.”

When drivers believe they are stopped and searched by police without reason, the feeling of harassment only deepens the divide between police and the communities they patrol, said Joseph Williams, member of the Englewood Police District Council, one of the civilian oversight bodies recently created to enhance community partnership and accountability. 

“There’s no way you can do community policing while you’re doing all those stops,” Williams said. “You make them feel like less than a human being. They leave feeling worthless, like they’ve been targeted. I know what I felt like when I went through that.”

When Williams, 34, was pulled over most recently in July, the stop was relatively uneventful, and officers let him go without a search. But each of the countless traffic stops he endured still reminds him of a traumatic incident when he and a group of friends were pulled over as teens.

As the officers searched the group without their consent looking for illegal guns, they violated and humiliated the teenagers, Williams said.

“I’ll never forget them pulling me and my friends right out of the car and searching us,” Williams said. “They reached down into my private parts, went into our boxers, and they didn’t find anything. …We were young and glad we were let go, but ultimately that was a traumatic experience.”

The Community Safety Team

As the department poured resources into the Community Safety Team, Brown pledged their work would be driven by long-term relationships with residents, businesses, religious organizations and neighborhood groups.

By the end of 2020, the Community Safety Teams logged over 200 of those community interactions, according to a Bolts analysis of data from the Office of Emergency Management and Communications’ dispatch system, which generates a unique record each time officers radio headquarters to document civilian interactions or routine activities. Those community interactions included food drives, youth sports events and community input meetings, according to a Chicago police spokesperson. 

But those interactions were dwarfed by the 48,000 traffic stops the team conducted in 2020—nearly all of that unit’s documented activity that year. In 2021, when the Community Safety Team was at its largest, its officers logged over 150,000 traffic stops—more than twice the number of community engagement activities, the data show.

Although the Community Safety Team was called a “first-of-its-kind approach designed for officers to get to know the people and places within each of the unique neighborhoods," Brown’s promises were reminiscent of a different community policing initiative launched in the 1990s, the Chicago Alternative Policing Strategy, or CAPS.

The CAPS approach was a hyper-local, bottom-up strategy that hinged on residents working with officers to identify both the issues in the community as well as potential solutions. The strategy worked to increase trust in police because the same officers had a consistent beat in a particular geographic area where residents could get to know them personally and officers could get familiar with the safety challenges in a small area, proponents said. 

In the Englewood neighborhood on the city’s south side, CAPS officers have helped by listening to people’s priorities and focusing on problem-solving rather than numbers, Williams said. For instance, when a group of abandoned cars on a city-owned vacant lot became a magnet for drug dealing and other crime, Williams told the local CAPS team that it was a serious problem for neighbors. Officers then quickly dealt with the issue, he said.

"They ticketed those cars and got them towed. The community's been trying to get that done for a year almost," Williams said. "Our CAPS department is phenomenal."

But the Community Safety Team turned out to be a somewhat opposite approach: rather than officers building relationships in consistent beats, it was a roving citywide unit with no direct ties to specific neighborhoods. And they employed the same tactics as the notorious strike forces and saturation teams— squads of officers used to flood areas with police activity.

The legal backlash

After Chicago police shifted away from widespread use of stop-and-frisk tactics in 2015 following an ACLU Illinois lawsuit over the practice, the number of traffic stops conducted across the entire department soared. Between 2015 and 2023, officers made over 4.5 million traffic stops, mostly in Black and Latinx neighborhoods, CPD data show. Nearly 900,000 of these stops were made in 2019 alone, and by then the Illinois chapter of the ACLU had again raised the alarm that the stops may be violating drivers’ civil rights. 

This work culminated in a class action lawsuit filed in June 2023 against the city on behalf of Chicagoans claiming the traffic stop strategy routinely violated the rights of Black and Latinx drivers. It singled out the Community Safety Team for the tremendous volume of traffic stops it conducted, amounting to what the suit called Chicago Police's "mass traffic stop program."

The lawsuit claims this program relies on illegal quotas, and flooding Black and Latinx neighborhoods with police encounters to deter unrelated crime, using the pretext of traffic enforcement to search drivers for contraband—often without their consent. This racial profiling of drivers of color resulted in police "harassing hundreds of thousands of Black Chicagoans" annually, Block said. 

Twenty-five-year-old West Side resident Mahari Bell joined the lawsuit after being stopped over 10 times in the past eight years. While some of the stops seemed harmless, others left him fearing for his life, Bell said.

"A lot of us are just tired. People don't want to be harassed by Chicago police," Bell said. "I was profiled, harassed, my rights are violated consistently. Nobody wants to live like that, especially in the city that they're from."

While driving for UberEats in May 2022, Bell was pulled over downtown when officers accused him of cutting off another driver—a claim he contests. Just moments into the encounter, officers put Bell in handcuffs without any explanation. When they asked to search his car, Bell felt like he had no choice but to agree.

"It all happened so quick. There wasn't any need for a search or for handcuffs. The officer, he was very accusatory, so it was clear that it wasn't about traffic," Bell said. "I feel like if I would have said no, the stop could have been completely different. I could've spent the night in a holding cell."

But even when police encounters don’t escalate, being constantly pulled over makes Bell feel "belittled, degraded and ultimately disrespected," he said.

"It made me realize, I think a lot of officers in Chicago just don't care to be a part of the community. They don't care to offer their public service," Bell said. "Despite my intentions, despite who I am, I'm still just a statistic to CPD. Just another traffic stop that has to be done for their numbers."

The lawsuit is still in early stages, but its goal is to end citywide units dedicated to traffic stops so Chicago Police can reel in the harm to community trust inflicted by the Community Safety Team and affiliated units, Block said.

"We are hoping CPD will rethink its reliance on the mass traffic stops strategy as its go-to supposed crime fighting technique, because it just doesn't work," Block said.

The ACLU's class action lawsuit builds upon an existing complaint about the Community Safety Team that came from within the unit itself. In 2021, Franklin Paz, a former lieutenant on the Community Safety Team sued the city over illegal traffic stop quotas. Paz, who was also a 20-year department veteran, claims he was demoted and punished for resisting the quotas. 

Police sergeants on the Community Safety Team testified that when they were assigned to the unit, leadership told them their primary mission was to stop masses of drivers and proactively initiate police encounters, court records show. Officers were required to meet stop quotas unrelated to crime levels or traffic safety, according to Paz, who was instructed to demand that each officer in his platoon conduct at least 10 traffic stops daily, the complaint shows.

The ACLU lawsuit references emails where CPD’s then second-in-command, Deputy Superintendent Ernest Cato, urges commanders to raise traffic enforcement numbers and "utilize traffic stops to address violence."

The lawsuits share common claims that the Community Safety Team was simply a rebrand and reshuffling of CPD's infamously aggressive saturation teams.

Though Brown promised at the launch of the Community Safety Team that "this is not a roving strike force like what CPD had in the past," officers testified that unit was staffed with personnel from tactical teams, gun teams, saturation teams, and other groups trained to aggressively stop residents, often while patrolling in plainclothes and in unmarked cars. 

Bolts’ analysis of CPD attendance and assignment data supports this, showing that at least 45 of the sergeants leading the Community Safety Team in its first year were assigned to the community policing initiative immediately after leaving tactical teams.

A new administration, a new era for policing?

Amid the legal backlash, CPD quietly sunsetted the Community Safety Team by reassigning officers to other units en masse by the start of 2023, leaving fewer than a hundred officers on the team. After becoming police superintendent in September, Larry Snelling said during a police budget hearing that he has since “broken that team down” and reassigned the officers back to local districts. 

But even as the Community Safety Team waned, the unit’s aggressive traffic stop tactics continued to be enforced by other officers, including those assigned to neighborhood districts where Snelling emphasized he would focus police resources, data show. The most recent dispatch data show the units stopping the largest numbers of drivers are now those assigned to local districts, including beat officers, tactical teams, and rapid response officers.

Snelling is one of the first major appointees of Mayor Brandon Johnson, a former teacher and union organizer who ran and won on a historically progressive platform, and has promised to chart a new course for public safety centered on community investment, not solely law enforcement power. Since taking office, Johnson has had to balance expectations from the progressives who put him in power with those of the police union which has been antagonistic from the start. One of Johnson’s first acts as mayor established an Office of Community Safety, charged with “dual responsibilities of leading a full force of government, rapid response to safety issues and developing community-driven strategies for addressing the root causes of harm,” a spokesperson for the mayor told Bolts

With a progressive mayor at the helm, mounting pressure from newly created civilian oversight councils, and the weight of the consent decree bearing down, the pressure is also on Snelling to set policing policy that can move the dial on community safety without sacrificing public trust in law enforcement.

Historically, incoming CPD leadership inevitably launches a signature crimefighting initiative, like Brown’s Community Safety Team or former Superintendent Garry McCarthy’s use of the CompStat strategy that resembled broken-windows policing. And Snelling will likely follow the example of his predecessors with a signature community policing initiative, said CPD expert Wes Skogan, professor emeritus of political science at Northwestern University.

"My guess is Larry Snelling will invent a new acronym with a promise of a reinvigorated community policing program," Skogan said. 

But like the exchange of officers between tactical teams and the Community Safety Team, a new name doesn’t guarantee any fundamental change in how residents are impacted by the policing tactics. 

Unless new leadership focuses on safety "outcomes" like crime reduction rather than "inputs" like traffic stop numbers, the aggressive policing tactics will likely continue, said former interim Superintendent Charlie Beck, who in 2020 dramatically restructured the department by shifting officers out of citywide units and into neighborhood police districts. 

"You get what you ask for. If you emphasize traffic stops as what you want, then you'll get them. Unfortunately, if you cast too wide a net when you do that, you can make people feel like they're under siege,” Beck said.

Chicago Police Superintendent Larry Snelling (Facebook/Chicago Police Department)

There is also broader skepticism over whether Johnson’s administration can effectively steer the department away from the domineering policing tactics that have landed the city in hot water time and again. Johnson has faced continued pressure over his increase of the police budget, his administration’s contract agreement with the Fraternal Order of Police that doubles annual pay raises and may weaken accountability processes for disciplinary cases, and his continued funding of the ShotSpotter gunshot detection technology despite prior vows to drop the controversial surveillance system. 

But Johnson’s budget does offer a preview into the community investments aimed at tackling the root causes of crime, with $209 million going towards efforts like anti-violence programming, restorative justice, re-entry programs and gender-based violence prevention and intervention, a spokesman for the mayor said. The plan vastly expands staffing for public mental health clinics and mobile crisis response teams, which include social workers and addiction specialists who would respond to 911 calls in lieu of police during mental health emergencies. Johnson’s budget would also expand the city’s youth job programs, and includes investments to address the housing and homelessness crisis brought to the forefront by the influx of asylum seekers. 

Johnson and Snelling have both touted plans to replace up to 400 officer roles with civilian positions, such as domestic violence advocates and workers assigned to the officer training academy. 

“Having those civilian employees amongst us, it creates a better environment for the officers,” Snelling said. “It’s officers working with civilians, so we have a better understanding of the community and the community has a better understanding of us. It shows we can work in partnership with people who are not sworn members.”

Community policing

In spite of the Community Safety Team, some prior community policing efforts have forged strong connections between residents and officers, leaving some hopeful for the future. Snelling’s earlier efforts at building connections with Englewood residents made Williams optimistic about future community policing efforts, he said. 

"He brought his tactical officers out—the ones who do a lot of the crazy stuff sometimes—he brought them out so they could get to know the community in a different way,” Williams said. “He's coming in, he's walking those streets, trying to build the relationships.”

A 2019 community policing project, the Chicago Neighborhood Policing Initiative (NPI), emulates CAPS by dedicating a group of officers in each district to build long-term relationships with residents and neighborhood groups and coordinate city resources to solve problems in the area. Unlike the Community Safety Team, these officers don’t do the typical emergency responses, traffic stops, and patrols. 

The program has "reimagined what police officers can do," said Deondre' Rutues, a council member for the 15th Police District in Austin, as well as the Community Engagement Specialist for the Chicago Neighborhood Policing Initiative.

"We're supposed to lead the charge and tell them what we need from them," Rutues said. "It isn't a process where police just come and lock somebody up. The officers follow the lead of the community to determine what to do."

Changing police leadership, staffing shortages and the interruption of the coronavirus pandemic halted the NPI from being fully implemented, a Northwestern report found. But the success of the NPI shows that one arm of the city's agenda may be dedicated to an earnest attempt at community policing. 

But as long as the other arm is focused on mass traffic stops conducted by roving strike teams, Chicago's community policing agenda will be at odds with itself, says Rutues.

"You created the Community Safety Team to enhance relationship building...But it continues to undo everything that is supposed to be contained in the Consent Decree, and also the work people on the ground are trying to do." 

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A Police Stop Is Enough to Make Someone Less Likely to Vote https://boltsmag.org/a-police-stop-is-enough-to-make-someone-less-likely-to-vote/ Wed, 01 Feb 2023 16:52:36 +0000 https://boltsmag.org/?p=4307 Florida Governor Ron DeSantis grabbed headlines throughout 2022 for practices that weakened democracy—from creating a police force to monitor voting to coordinating the arrests of people who allegedly voted illegally... Read More

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Florida Governor Ron DeSantis grabbed headlines throughout 2022 for practices that weakened democracy—from creating a police force to monitor voting to coordinating the arrests of people who allegedly voted illegally after the state told them they were eligible. In August, he suspended Tampa’s elected prosecutor, Democrat Andrew Warren, over his stated refusal to prosecute cases relating to abortion and trans rights, overriding voters’ decision. 

But a host of more routine decisions made by Florida officials may be undermining the health of the state’s elections as well, even when they don’t seem directly related to voting rights.

To replace Warren as state attorney of Hillsborough County (home to Tampa), DeSantis appointed Susan Lopez, a member of the conservative Federalist Society. One of Lopez’s first decisions was to rescind a policy implemented by Warren to not prosecute bicyclists and pedestrians for certain traffic charges. A 2015 Tampa Bay Times report exposed the Tampa police department’s relentless ticketing of Black cyclists for things like having inadequate lighting, or riding on handlebars, a dynamic local organizers have labeled “bicycling while Black.” The report catalyzed a Justice Department investigation which ultimately confirmed the disproportionate enforcement.

New research shows how such low-level interactions with the police can undercut our democracy by reducing the number of people who participate in elections. A study I co-authored with fellow researcher Kevin Morris, published in December in the American Political Science Review, finds that traffic stops by police stops in Hillsborough County reduced voter turnout in 2014, 2016, and 2018 federal elections. 

Our study compared the voter turnout of Hillsborough motorists who were stopped by police shortly before and after each election. Drawing on information about each person’s turnout in past cycles, we found that these stops reduced the likelihood that a stopped individual turned out to vote by 1.8 percentage points on average. The effect held when accounting  for characteristics like race, gender, party affiliation, past turnout, and prior traffic stops to improve our comparisons. The discouraging effect of stops was slightly higher in 2014 and 2018. 

These results make clear that the collateral consequences of policing—including worsening outcomes for economic security, educational attainment, and health—also extend to political participation. If the communities who are most frequently subjected to policing are also discouraged from voting as a result, it could create a vicious feedback loop of political withdrawal. 

Why would traffic stops make people less likely to show up to the polls? Past research has already established that the most disruptive forms of criminal legal contact, like arrest and incarceration, discourage people from voting. Our study shows that low-level police contact matters in the same way. If a traffic stop makes a motorist fear that the government will harm them, it can prompt a withdrawal from civic life that political scientists call “strategic retreat.” Motorists might worry that a routine traffic stop could escalate into police violence, a more common outcome for Black people in particular. Beyond justified fears of violent victimization, voters might also bristle at the perception of being targeted to raise revenue through excessive ticketing. Accordingly, if incarceration ‘teaches’ would-be voters that their government is an alienating and harmful force in their lives, traffic stops could catalyze a similar form of ‘learning.’  

“I think that people see police as a part of the government,” Bernice Lauredan, director of voter engagement at Dream Defenders, an organization that champions voting rights in Florida, told Bolts. “I don’t believe any interaction with police is safe for people of color–having any interactions with police gives them a negative image of the government. And it may give them a negative idea of voting.” 

And while millions of white Americans have also been swept up in municipal ticketing efforts, the fines and fees in Florida as elsewhere disproportionately affect Black communities.

On average, we found that the deterrent effect was smaller for Black drivers: It reduced their likelihood to vote by 1 percentage point, compared to 1.8 for the overall population. We went further and looked at when voters had been stopped. If they had been stopped in the six months before the election, stops discouraged Black people from voting more than non-Black people. But as the time between a stop and the election increased, the effect weakened. That averaged out to a comparatively smaller effect over the whole two-year period. 

We think that this counterintuitive result might be a mix of two things: on one hand, Black Americans probably have less to “learn” about government from a traffic stop, considering that Black Americans are more likely to have a family member in jail than other Americans. On the other hand, Black Americans probably know that a traffic stop is more likely to turn deadly for them compared to white drivers, which could cause “anticipatory stress” that reduces willingness to vote in the short term. 

“Black folks and other people of color are criminalized in Tampa,” Lauredan says. 

While Florida Republicans have dialed up the use of criminalization to maintain political power, deep-blue urban dwellers also face the political ramifications of policing in their own backyards. 

In New York City, for example, Mayor Eric Adams has dramatically increased police presence and encouraged police to be more proactive in punishing behaviors ranging from public drinking and dice games to carrying unlicensed firearms. New York Governor Kathy Hochul has also announced plans to beef up a “hot spots” policing initiative that focuses on gun violence—quite similar to the Memphis police squad (“SCORPION”) that killed Tyre Nichols in January. Gun control policing efforts in New York could be driving a dynamic similar to the “strategic retreat” that our research demonstrated in Tampa—another study found that NYPD stop and frisk practices, which expanded significantly under Mayor Michael Bloomberg, may have reduced voter turnout in the 2006 and 2010 midterm elections.

New York City is no outlier with respect to increased police contact. In Chicago, for example, the yearly tally of traffic stops ballooned from 86,000 to 378,000 between 2015 and 2021. In addition to boosting city revenues through regressive taxation, these traffic stops also function as a pipeline for gun possession arrests (which have been steadily increasing over time, despite criticisms from local prosecutor Kim Foxx). 

The civic consequences of criminalization don’t stop at voting, either. Research also shows that Americans who have been stopped by police, arrested, or incarcerated become less likely to engage with a range of public institutions that they perceive as surveilling them. Sociologist Sarah Brayne calls this phenomenon “system avoidance,” and argues that the record-keeping practices of institutions like hospitals, schools, and banks—and the ability of state actors to surveil data from these institutions— justify why criminalized people withdraw from them. It’s an ugly realization—harsh punishments and increased carceral surveillance are causing lasting damage to the social fabric of criminalized communities. 

“The more communities are abused by the system, the more natural it is for them to feel alienated from it,” said Yannick Wood, director of the criminal justice reform program at the New Jersey Institute for Social Justice, an organization that advocates reducing the interactions between the criminal legal system and democracy in New Jersey. “They don’t feel like the system serves them, and they don’t feel like their voices are represented, or even respected.”

This is the most important takeaway from our research: American communities most likely to oppose “tough on crime” policy (thanks to their personal experience) are being pushed away from politics and from opportunities to steer policy change. 

In Tampa, ticketing practices work in tandem with an extremely harsh regime of felony disenfranchisement that drives Floridians away from politics more explicitly. Almost one-quarter of the 4.6 million Americans barred from voting due to felony convictions live in Florida. The Florida Rights Restoration Coalition (FRRC) led the successful 2018 campaign to pass a state constitutional amendment restoring voting rights to Floridians with felony convictions, though their victory was diminished by subsequent state legislation requiring fines and fees payments before voting rights were restored, leaving more than 1 million people without access to the ballot. Traffic stops affect an even larger share of Florida residents.

“Criminalizing any kind of behavior can have unintended consequences,” FRRC deputy director Neil Volz told Bolts. “Voting is a reflection of our belief that we’re part of the system, that our voice matters, that we can take that past pain and turn it into something productive.”

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