Score: 0 (0/4/0)

Ventura County Grand Jury • 2000-2001

Ventura County Grand Jury Report An Investigation Into Alleged Racial Profiling by the Ventura County Sheriff’s

Published: January 01, 2001 5 pages

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⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.

⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Findings and Recommendations 11 findings

A trio of men was stopped by deputies for illegally soliciting cell phones in the City of Moorpark.

No recommendations for this finding

The following day, the newspaper reporter was stopped by a deputy who thought he was one of the same people who had been accused of illegally soliciting the day before. After questioning the reporter and viewing his identification, the officer concluded he was not the same man who had been stopped the day before.

No recommendations for this finding

Later, the reporter filed a complaint with the Sheriff’s Department alleging racial profiling.

No recommendations for this finding

The Sheriff’s investigation into that complaint confirmed the existence of an inquiry the day before that involved a man matching the general description of the newspaper reporter. Height, weight, complexion, race, and age were similar or the same.

Related Recommendations (4)

Do not rely on race without explaining why.

In writing crime reports, after entering initial comprehensive suspect descriptions, do not repeat

Do not differentiate in the restraint or treatment of suspects based on race.

Identify and document all suspicious factors justifying the action taken. If race is a legitimate factor, fully explain why and do not emphasize it disproportionately in reports or testimony. Where objective facts establish the relevance of a suspect’s race, it is permissible to include race as one factor in justifying a detention or other action. However, in all cases, there must be articulated, individualized reasons for the official action taken. Race may not be the exclusive reason. Commendation The Sheriff Department’s response to the newspaper coverage of the reporter’s complaint, and their willingness to cooperate with the Grand Jury in opening their files for review is to be commended. Sheriff Bob Brooks stated that he takes “the issue of racial profiling or any form of discrimination very seriously.” He also takes “very seriously the matter of public trust.” We are satisfied that with this approach to this issue, all citizens of Ventura County are being well served. (C-1, C-2, C-3) Responses Required Ventura County Sheriff’s Department (R-1, R-2, R-3, R-4) Addendum After this report was written and was being processed, pertinent materials were received by the Grand Jury from the NAACP. These materials will be turned over to the 2001-2002 Grand Jury for their consideration. 81

The investigation showed that the alleged solicitor and the reporter were both dressed in casual business clothing, each carrying a cellular phone and an attaché case.

No recommendations for this finding

None of the witnesses interviewed reported seeing anything resem- bling an argument between the reporter and the deputy.

No recommendations for this finding

The reporter was seen on the street using a cell phone on the day following the incident with the men illegally soliciting cell phones in the area.

No recommendations for this finding

During questioning, the reporter and deputy took the time to go to the reporter’s car to retrieve picture identification that established him as a reporter, and not a subscription salesman.

No recommendations for this finding

The deputy’s calls in to the dispatcher reporting the beginning and ending of the stop involving the reporter showed that the entire contact took less than five minutes.

No recommendations for this finding

F10

As a result of the investigation, the deputy was exonerated of charges of racial profiling.

No recommendations for this finding

F11

In the past five years, there have been five complaints regarding alleged racial profiling; four have been resolved, and one is still under investigation. Conclusions C-1. The Sheriff’s Department investigation into the incident was thorough and professional. (F-1, F-2, F-3, F-4, F-5, F-6) C-2. Exoneration of the deputy of the charge of racial profiling was reason- able and proper. (F-7) C-3. It appears the deputy in this matter didn’t violate the law. (F-1 through F-11) Recommendations How can officers insure that they avoid “racial profiling,” while taking legitimate account of race in establishing reasonable suspicion (probable cause) to detain? Pending implementation of the POST training program on profiling, the Sheriff’s Department might wish to consider interim steps in order to comply with both the Fourth Amendment and PC 13519.4(e), including these:

No recommendations for this finding

Conclusions 1

CL1 Page 5

C-1. The Sheriff’s Department investigation into the incident was thorough and professional. (F-1, F-2, F-3, F-4, F-5, F-6) C-2. Exoneration of the deputy of the charge of racial profiling was reason- able and proper. (F-7) C-3. It appears the deputy in this matter didn’t violate the law. (F-1 through F-11)

Commendations 1

CM1 Page 5

The Sheriff Department’s response to the newspaper coverage of the reporter’s complaint, and their willingness to cooperate with the Grand Jury in opening their files for review is to be commended. Sheriff Bob Brooks stated that he takes “the issue of racial profiling or any form of discrimination very seriously.” He also takes “very seriously the matter of public trust.” We are satisfied that with this approach to this issue, all citizens of Ventura County are being well served. (C-1, C-2, C-3)

Agency Responses 1

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

Sheriff’s Department

June 28, 2001 • 11 pages • 4 responses • Score: 0 (+0, 4, 0) View Details ▾

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4 responses to findings and recommendations

Do not rely on race without explaining why.

Response: Requires Analysis

Score: 0

State and Federal standards, as well as Department policy, already have established this as a standard. See Attachment #1. R-2. In writing crime reports, after entering initial comprehensive suspect descriptions, do not repeat references to racial or ethnic descriptions, such as "black male," "Asian female," or "white male." Response: State and Federal standards, as well as Department policy, establish the use of coding when referring to individuals repeatedly, e.g. the suspect once identified is referred to as "S-1." The same applies to the victims ("V"), arrestees ("A"), or witnesses ("W"). ...

In writing crime reports, after entering initial comprehensive suspect descriptions, do not repeat

Response: Requires Analysis

Score: 0

Existing "Conduct and Ethics" General Order specifically prohibits this type of action (see Attachment #2). Additionally, a new General Order entitled "Racial Profiling" is currently under review and should be adopted within the next two months (see Attachment #3). R-4. Identify and document all suspicious factors justifying the action taken. If race is a legitimate factor, fully explain why and do not emphasize it disproportionately in reports or testimony. Where objective facts establish the relevant of a suspect's race, it is permissible to include race as one factor in justifying a deten...

Do not differentiate in the restraint or treatment of suspects based on race.

Response: Requires Analysis

Score: 0

Response: Requires Analysis

Score: 0

State and Federal standards, as well as Department policy, already have established this as a standard. See Attachment #1. In closing, I am very appreciative of the Grand Jury's commendation contained in the above report regarding my approach to the issue of racial profiling. If I can provide further information in response to the Grand Jury's report, please don't hesitate to contact me at 654-2381. / / Respectfully <b>BOB BROOKS</b> Ventura County Sheriff Attachments Attachment #1 REPORT WRITING MANUAL ٠, ARREST / SUSPECT REPORT <b>MARCH 1999</b> .35 3 20 USE OF THE REPORT A. . . and the pro...