California Police Chief- Fall 2013 - Page 7

issue its first annual report by April 1, 2022; and an agency that employs one or more but less than 334 peace officers to issue its first annual report by April 1, 2023. “The reporting shall include, at a minimum, the following information for each stop: (1) The time, date, and location of the stop. (2) The reason for the stop. (3) The result of the stop, such as, no action, warning, citation, property seizure, or arrest. (4) If a warning or citation was issued, the warning provided or violation cited. (5) If an arrest was made, the offense charged. (6) The perceived race or ethnicity, gender, and approximate age of the person stopped, provided that the identification of these characteristics shall be based on the observation and perception of the peace officer making the stop, and the information shall not be requested from the person stopped. For motor vehicle stops, this paragraph only applies to the driver, unless any actions specified under paragraph (7) apply in relation to a passenger, in which case the characteristics specified in this paragraph shall also be reported for him or her. (7) Actions taken by the peace officer during the stop, including, but not limited to, the following: (A) Whether the peace officer asked for consent to search the person, and, if so, whether consent was provided. (B) Whether the peace officer searched the person or any property, and, if so, the basis for the search and the type of contraband or evidence discovered, if any. (C) Whether the peace officer seized any property and, if so, the type of property that was seized and the basis for seizing the property. (c) If more than one peace officer performs a stop, only one officer is required to collect and report to his or her agency the information specified under subdivision (b).” exact opposite of what is ostensibly the purpose of the legislation. It is important to note that the law requires the officer to identify the person’s “perceived” race, ethnicity, gender, and approximate age. As such, it requires the officer to use his or her perception to identify those criteria. In this day and age, when there are numerous persons of mixed race and ethnicity, how can an officer ascertain those facts? Does it not place the officer in the untenable position of being legally required to profile a person based on that person’s appearance? Is that not racial profiling? Several agencies wit