ALBUQUERQUE POLICE DEPARTMENT

GENERALORDERS

1-03 BIASED BASED POLICING/PROFILING

1-03-1 Policy

It is the policy of the Albuquerque Police Department to respect and protect the constitutional rights of all individuals during law enforcement contacts and/or enforcement actions and that such enforcement decisions will not be predicated solely on the basis of an individual’s race, color, national origin or ancestry, citizenship status, language spoken, religion, gender, gender identity, sexual orientation, age, disability, or economic status.

1-03-2 Definitions

  1. Biased-Based Policing/Profiling

The interdiction, detention, arrest or other nonconsensual treatment of an individualbecause of a characteristic or status, i.e., race, color, national origin or ancestry,citizenship status, language spoken, religion, gender, gender identity, sexualorientation, age, disability, or economic status.

1-03-3 Rules

  1. General Procedures
  2. Biased-based policing and/or profiling by any member of this Department areprohibited. Investigative detentions, field contacts, traffic stops, arrests,searches, property seizures and forfeiture efforts will be based on a standardof reasonable suspicion or probable cause in accordance with the FourthAmendment of the U.S. Constitution.
  3. Officers may take into account the reported race, ethnicity or national originof a specific suspect or suspects in the same way they would use specificinformation regarding height, weight, hair color, etc.
  4. Department personnel will provide the same level of police service to everycitizen regardless of their race, color, national origin or ancestry, citizenshipstatus, language spoken, religion, gender, gender identity, sexual orientation,age, disability, or economic status.
  1. Duties of Department Personnel
  2. Any member of this Department who is aware of a violation of this sectionshall immediately report the violation to a supervisor.
  3. Personnel shall not discourage citizens from filing complaints of biased-basedpolicing / profiling and will avoid actions that could be interpreted toconstitute intimidation, coercion, or threatened retaliation against citizens todiscourage or prevent them from filing complaints.
  4. Supervisor Duties
  5. Supervisors will ensure that all personnel under their command are familiarwith this policy.
  6. Supervisors will continually monitor the activities of personnel under theircommand in order to identify behaviors that may be indicative of a violationof this policy.
  7. Supervisors, when notified, will respond to all citizen complaints of biasedbasedpolicing and/or profiling. Supervisors will not discourage citizens from filing complaints of biased-based policing and/or profiling and will avoid actions that could be interpreted to constitute intimidation, coercion, or threatened retaliation against citizens to discourage or prevent them from filing complaints. Supervisors will ensure the complaint is handled in accordance with established Department policy. See SOP 3-43.
  1. Operations Review Responsibilities
  2. The Operations Review Lieutenant will conduct an annual administrative review ofthe agency’s practices to include citizen concerns. The report will be forwarded tothe Accreditation Unit and the Chief of Police.
  1. Director of Training Responsibilities
  2. The director of training will insure that annually, all agency enforcement personnelreceive training in bias based policing / profiling issues including legal aspects.
  1. Identified Illegal Profiling
  2. Identified illegal profiling incident will be handled as follows:
  3. Internal Affairs/Civilian Police Oversight Agency will be notified to investigate the incident.
  4. Training will be utilized to address needs based on the outcome of theinvestigation.
  5. Appropriate disciplinary action will be taken

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