Profiling:
DPS searches minorities more than whites


Published/Last Modified on Tuesday, April 22, 2008 3:06 PM MDT


PHOENIX (AP) - Arizona Department of Public Safety officers are more likely to search minorities than white people, even though on average minorities were less likely to have illegal items, according to a report released Monday.


The report, dubbed ``Driving While Black or Brown,’’ was produced for the American Civil Liberties Union of Arizona by Fred Solop, director of the Social Research Laboratory at Northern Arizona University in Flagstaff.

Using DPS data, Solop looked at 200,000 traffic stops on Arizona highways between July 2006 and June 2007. Of those, 13,271 resulted in searches.

The report concludes that blacks and Hispanics were each 2 1/2 times more likely than whites to be searched by DPS. American Indians were about 3 1/4 times more likely to be searched.

The minorities were more likely to be searched although whites were more likely to have illegal items than any other minority except for blacks. Whites were 34 percent likely to have such items and blacks were 38 percent likely to have them.

In comparison, Hispanics were 22 percent likely to have illegal items and American Indians were 24 percent likely to have them. Asians and Middle Easterners had comparable results.

``Based on this disparity in the post-stop outcome, we have to conclude that Hispanics and African Americans, people of color generally, are being treated differently on the Arizona highways than whites,’’ Solop said. ``DPS is making decisions on how to treat people.’’

DPS spokesman Lt. James Warriner said his agency has a zero tolerance policy on racial profiling, and that the practice is unethical and unacceptable.

``Am I going to sit here and tell you there’s no biases being done?’’ Warriner said. ``I’d be a fool to say that, but we’re going to have a small percentage of officers that may let their biases come out. If we’re aware of it, I can guarantee you we’re going to deal with it and it’s going to be severe.’’

Warriner said punishments could include letters of reprimand, suspension without pay or termination.

DPS collected data for the report under the terms of a settlement of a 2001 class-action lawsuit.

Warriner said based on the November findings of another professor, Robin Engel of the University of Cincinnati, not enough data was available to conclude that DPS racially profiles.

Engel’s report concluded DPS was more than twice as likely to search vehicles driven by Hispanics and blacks than white drivers, but said a firm conclusion about racial profiling should be ``tempered’’ because data such as severity of the traffic offense, motorist attitudes and socio-economic status were not available.

Warriner said DPS is working to provide Engel with that data.

Monday’s report also said that DPS officers stopped minorities for longer periods of time than whites. For instance, Middle Easterners were stopped for an average of nearly 5 minutes, while whites were stopped 54 seconds on average, according to the report.

``The true test of democracy is how we treat people who are outsiders, who are considered different with less political power,’’ ACLU attorney Dan Pochoda said. ``We have seen a trampling of the rights of those persons in Maricopa County and throughout the state.’’

Pochoda said the report is the first factual proof of racial profiling in Arizona, although he said it has long been going on. He said that proof will lead to change in policy and is the first step to ending racial profiling.

Warriner said DPS officers want Arizonans to know that if they are stopped, it’s going to be for a valid reason.

``I would challenge anyone to go out there on the state freeway system, and then tell me with all the tinted windows out there, that you can tell the type of skin color of an individual who may go by you at 75 or 80 miles an hour,’’ he said.

On the Net:

DPS: http://www.azdps.gov/

ACLU of Arizona: http://www.acluaz.org/

Social Research Laboratory at Northern Arizona University: http://www.socialresearchlab.com/

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