See pages 37 to 39 REPORT TO THE WASHINGTON STATE PATROL Relating to: National Highway Traffic Safety Administration (NHTSA) Grant-Funded Study on Racial Profiling Phenomena in Washington State OGRD # 107828 Results of the Monitoring of WSP Traffic Stops for Biased Policing: Analysis of WSP Stop, Citation, Search and Use of Force Data and Preliminary Results of the Use of Observational Studies for Denominator Assessment Division of Governmental Studies and Services Washington State University Research Team Nicholas P. Lovrich, Ph.D. Michael J. Gaffney, J.D. Clayton C. Mosher, Ph.D. Travis C. Pratt, Ph.D. Mitchell J. Pickerill, J.D., Ph.D. Support Staff: Analysis and Report Preparation Yu-Sheng (Linus) Lin, A.B.D., Data Management & Statistical Analysis Michael J. Erp, M.A., Field Observation Oversight and Report Prep Project Support Ruth Self, Office Coordination Christina Sanders, M.P.A., Research Coordinator Julie Lusby, Budget and Finance Coordinator Heidi Lee, Travel Coordinator September 15, 2007 Table of Contents Executive Summary 2 Analysis of Traffic Stops for Evidence of Biased Policing 3-17 Analysis of Citations for Evidence of Biased Policing 17-35 Analysis of Searches for Evidence of Biased Policing 35-44 Analysis of Use of Force for Evidence of Biased Policing 44-49 Preliminary Results of the Use of Observational Studies for Denominator Assessment 50-58 Executive Summary This portion of the final report prepared under the auspices of the National Highway Traffic Safety Administration (NHTSA) Grant-Funded Study on Racial Profiling Phenomena in Washington State [OGRD # 107828] sets forth findings derived from the independent monitoring of traffic stop data collected by the WSP. This report sets forth the results of an analysis of traffic stops, traffic citations, searches and use of force for evidence of biased policing. Our analysis of agency data is carried out both at the statewide and individual Autonomous Patrol Area (APA) levels. Our analysis indicates very few instances of noteworthy minority/non-minority disparities in the use of police discretion by the officers of the Washington State Patrol. Most importantly, there is no evidence of a systematic practice of racial profiling in either who is stopped, who is issued a citation, who is searched, and to whom force is applied by WSP officers. In addition to these substantive findings, this report also sets forth findings derived from a testing of the utility of racial coded traffic stop data as a “denominator” for racial 2 profiling assessments by means of three observational studies conducted with digital photography. Those results indicate that accident data are likely to represent a reliable and cost-effective indicator of driver population demographics, making the monitoring of racial profiling an affordable practice in nearly all police jurisdictions. The Analysis of Traffic Stops for Evidence of Biased Policing: Self- Initiated Contacts Table 1 presents data on all (self-initiated) traffic stops by the Washington State Patrol for the November, 1, 2005 to September 30, 2006 period for each of the 34 autonomous patrol areas (APAs). Statewide, 83.1% of those contacted by the WSP were White; 3.7% were African-American, 0.6% Native-American, 3.6% Asian/Pacific Islanders, 0.9% East Indian, and 7.8% Hispanic. Comparisons of these data to 2005 U.S. Census Bureau data on the racial/ethnic composition of Washington State indicate that Whites are slightly under-represented in WSP traffic stops (Whites comprise 85% of Washington State’s population); Blacks are slightly over-represented (3.5% of Washington State’s population); Native-Americans are under-represented (1.7% of Washington State’s population); Asian/Pacific Islanders are under-represented (6.9% of Washington State’s population) and Hispanics are slightly under-represented (8.8% of Washington State’s population) (the Census Bureau does not provide data on the percentage of East Indians). (Table 1 on the following page) Census data are not ideal benchmarks in analyses of traffic stop data, as there are likely to be differences in driving patterns and the types/conditions of vehicles across racial groups that may have an impact on who is contacted (see Lorie A. Fridell, By the Numbers: A Guide for Analyzing Race Data from Vehicle Stops, Washington, DC: 3 Police Executive Research Forum, 2004). In addition, particularly with respect to the Hispanic population in Washington State, U.S. Census data may underestimate the total Table 1: WSP Trooper Self-Initiated Contacts (%) Data for Nov. 2005 - Sept. 2006 APA 2 3 4 5 6 7 8 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 30 31 32 33 34 35 36 37 38 39 40 White 74.3 82.1 85.3 68.3 66.1 74.6 90.3 60.1 49.5 73.7 84.5 97.0 88.1 93.9 93.6 86.2 88.9 87.8 85.4 80.5 85.6 82.0 77.5 81.0 83.7 88.1 78.6 90.0 92.6 86.2 88.4 89.5 94.1 94.6 Black 11.7 7.4 4.5 10.9 12.7 5.5 1.7 1.9 1.2 2.2 1.0 0.4 2.4 2.2 1.8 3.4 0.8 3.1 2.7 0.5 2.7 0.4 2.1 2.3 2.1 4.7 4.3 1.8 1.3 5.2 2.1 1.6 0.8 0.5 Native Amer. 0.4 0.2 0.6 0.2 0.3 0.1 1.0 5.8 1.8 0.2 0.5 1.5 0.5 0.9 0.3 0.2 1.1 0.1 0.2 0.2 0.5 4.1 0.3 1.6 0.4 0.3 0.4 0.1 1.8 0.4 0.8 1.5 0.2 0.3 4 Asian 6.4 4.0 4.1 10.2 9.0 8.6 2.6 1.4 1.0 1.5 0.8 0.3 2.5 1.1 2.5 3.2 0.9 3.1 3.9 1.1 3.0 0.5 2.0 7.2 4.4 3.0 7.0 2.6 2.1 4.0 2.6 1.6 1.6 0.9 E. Indian 0.6 0.4 0.6 2.2 1.7 2.5 0.4 0.4 0.3 0.2 0.3 0.1 0.7 0.1 0.3 0.8 0.3 0.8 1.2 0.4 0.7 0.2 0.6 3.3 1.4 0.2 2.2 0.5 0.4 0.2 0.3 0.1 0.2 0.2 Hispanic 6.0 5.5 4.4 7.5 9.3 8.1 3.6 30.2 45.8 21.9 12.9 0.6 5.7 1.6 1.3 5.7 7.8 4.6 6.5 17.2 7.2 12.8 17.2 4.1 7.8 3.7 7.2 4.9 1.8 3.7 5.3 5.5 3.0 3.3 N 15,404 13,895 16,060 14,656 19,549 21,918 3,504 11,564 5,423 18,401 10,891 8,079 10,928 23,481 8,010 20,553 7,028 11,123 11,425 18,192 17,514 7,977 15,753 11,405 10,693 8,472 31,618 16,837 17,576 26,421 14,200 4,616 8,758 6,139 Statewide 569,862 83.1 3.7 0.6 3.6 0.9 7.8 resident population due to the presence of migrant workers and undocumented immigrants. It is also important to note that certain areas of the state (particularly the Interstate -5 corridor running from the Canadian border to the Oregon border) patrolled by the WSP have a high proportion of out-of-state drivers, and it is probable that these drivers are more likely to be members of racial minority groups than resident in-state drivers. Finally, census data are particularly problematic to use as benchmarks when analyzing data from smaller geographic units, such as autonomous patrol areas. As such, our analyses utilize four alternative benchmarks which we have argued in prior reports represent a comprehensive source of “denominator estimates” (see Nicholas Lovrich, Michael Gaffney, Clay Mosher, Mitchell Pickerill, and Michael Smith, Washington State Patrol Traffic Stop Data Analysis Project Report, June, 2003) contacts initiated as a result of “calls for service” and vehicle assists, contacts initiated as a result of radar patrols; WSP contacts initiated in responding to collisions; and daytime traffic stops. In these analyses, we adopt the criterion used in several other studies of racial profiling that differences are not substantively significant as long as the percentage of those contacted in any particular racial group is not more than five percentage points greater than the percentage of the group in the benchmark comparison 1 (see Joyce 1 Alternative measures of disparity include the “ratio of disparity,” “relative differences,” and the “disparity index,” (Fridell, 2004) or what Lamberth (see Lamberth et al., Ann Arbor Police Department Traffic Stop Data Collection Methods and Analysis Study, Report submitted to the Ann Arbor Police Department by Lamberth Consulting, 2004) refers to as “odds ratios.” The latter measure is calculated by dividing the percentage of drivers in a particular racial group who are stopped by their percentage in the benchmark population. As Fridell (2004) notes, when the percentage in a particular minority group in both the contacted driver population and the benchmark population is low, the disparity index (and the two alternative measures of disparity) can be misleadingly high. Although there are certain APAs in which the proportion of minorities (particularly Hispanics) contacted is relatively high, at the statewide level no racial minority group represents more than 7.1% of those contacted by the WSP. Thus, in order to maintain consistency in the reporting of our results, and in order to avoid the presentation of potentially 6 McMahon, Joel Gardner, Ronald Davis, and Amanda Kraus, How to Collect and Analyze Racial Profiling Data: Your Reputation Depends On It! Final Project Report for Racial Profiling Data Collection and Analysis. Washington, DC: US Government Printing Office, 2002). Calls for Service and Self-Initiated Vehicle Assists The WSP data include a separate code for contacts initiated as a result of calls for service and vehicle assists. This particular benchmark can be considered a “blind” type of benchmark because it is highly unlikely that WSP Troopers would know the race of the individual being assisted in the vast majority of such citizen contacts. Table 2 displays findings on the percent of drivers contacted by WSP Troopers as a result of calls for service and vehicle assists by race and APA (due to reliability concerns, analyses were restricted to APAs where there were a minimum of 20 such WSP Trooper contacts over the November 1, 2005 to September 30, 2006 period). The cell entries in Table 3 represent the figure obtained after subtracting the percentage of individuals contacted as a result of calls for service and vehicle assists from the percentage of all self-initiated contacts in each APA. (Tables 2 and 3 on the following two pages) The findings set forth in Table 3 indicate that there are no APAs in which the percentage of Blacks, Native-Americans, or East Indians contacted as a result of selfinitiated WSP activity is more than five percentage points greater than those contacted as a result of calls for service and vehicle assists. For Asians/Pacific Islanders, there is one Table 2: Calls for Service and Vehicle Assists misleading findings, our measure of disparity subtracts the percentage of those in each racial group contacted from their percentage in the various benchmarks. 7 Data for Nov. 2005 - Sept. 2006 APA 2 3 4 5 6 7 8 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 30 31 32 33 34 35 36 37 38 39 40 Statewide White 77.3 80.1 88.2 72.6 65.3 78.4 76.7 45.5 44.8 68.0 55.2 — 78.6 91.5 92.5 82.7 — 89.7 75.0 72.4 78.8 — 60.0 89.6 79.6 — 79.3 92.6 84.6 86.2 79.5 89.5 — — 79.3 Black 11.1 7.9 3.5 10.0 14.7 2.7 3.3 5.0 3.4 4.0 6.9 — 2.9 3.0 1.9 4.6 — 4.4 8.9 0.6 3.0 — 14.3 2.1 2.2 — 3.8 0.4 2.6 5.1 2.3 2.6 — — 5.6 Native Amer. — 0.8 — — 1.0 0.5 3.3 11.9 6.9 — 6.9 — — 1.3 — — — 1.5 0.8 0.6 2.0 — 5.7 — — — 0.4 — 7.7 0.7 2.3 5.3 — — 0.9 8 Asian 6.0 4.9 3.5 9.1 7.8 7.8 3.3 3.0 — — — — 3.9 0.4 3.8 3.6 — — 3.2 0.6 2.0 — 2.9 2.1 1.1 — 7.1 1.2 2.6 3.4 2.3 — — — 4.8 E. Indian 0.7 — 0.6 1.4 2.0 1.6 10.0 1.0 — — — — — 0.4 — 0.7 — 1.5 1.6 2.9 — — — — 6.5 — 1.7 0.8 — 0.3 — — — — 1.1 Hispanic N 4.8 415 6.3 493 4.1 170 6.6 351 8.1 409 8.6 370 10.0 30 33.7 101 44.8 29 28.0 50 31.0 29 — 4 14.6 103 2.1 235 1.9 53 8.5 307 — 14 2.9 68 10.5 124 23.0 174 14.1 99 — 18 17.1 35 6.3 48 10.8 93 — 10 7.3 1,133 4.5 242 2.6 39 4.2 731 13.6 44 2.6 76 — 16 — 6 8.0 6,119 Table 3: Self-Initiated Contacts Minus Contacts Via Calls for Service and Vehicle Assists (%) Data for Nov. 2005 - Sept. 2006 APA 2 3 4 5 6 7 8 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 30 31 32 33 34 35 36 37 38 39 40 Statewide White -3.0 +2.0 -2.9 -4.3 +0.8 -3.8 +13.6 +14.6 +4.7 +5.7 +29.3 — +9.5 +2.4 +1.1 +3.5 — -1.9 +10.4 +8.1 +6.8 — +17.5 -8.6 +4.1 — -0.7 -2.6 +8.0 0.0 +8.9 0.0 — — Black +0.6 -0.5 +1.0 +0.9 -2.0 +2.8 -1.6 -4.1 -2.2 -1.8 -5.9 — -0.5 -0.8 +0.1 -1.2 — -1.1 -6.2 -0.1 -0.3 — -12.2 +0.2 +0.1 — +0.5 +1.4 -1.3 +0.1 -0.2 -1.0 — — Native Amer. +0.4 -0.6 +0.6 +0.2 -0.7 -0.4 -2.3 -6.1 -5.1 +0.2 -6.4 — +0.5 -0.4 +0.3 +0.2 — -1.4 -0.6 -0.4 -1.5 — -5.4 +1.6 +0.4 — 0.0 +0.1 -5.9 -0.3 -1.5 -3.8 — — Asian +0.4 -0.9 +0.6 +1.1 +1.2 +0.8 -0.7 -1.6 +1.0 +1.5 +0.8 — -1.4 +0.7 -0.7 -0.4 — +3.1 +0.7 +0.5 +1.0 — -0.9 +5.1 +3.3 — -0.1 +1.4 -0.5 +0.6 +0.3 +1.6 — — E. Indian -0.1 +0.4 0.0 +1.6 +0.3 +0.9 -9.6 -0.7 +0.3 +0.2 +0.1 — +0.1 -0.3 +0.3 +0.1 — -0.7 -0.4 -2.5 +0.7 — +0.6 +3.3 -5.1 — -1.2 -0.3 +0.4 -0.1 +0.3 +0.1 — — Hispanic +1.2 -0.8 +0.3 +0.9 +1.2 -0.5 -6.4 +12.7 + 1.0 -6.1 -18.1 — -8.9 -0.5 -0.6 -2.8 — +3.6 +6.7 -5.8 -6.9 — +0.1 -2.2 -3.0 — -3.4 +0.4 -0.8 -0.5 -8.3 +3.1 — — +4.2 -1.9 -0.3 -1.2 -0.2 -0.2 9 APA (APA 30 - Bellingham) for which the difference is greater than five percent, and for Hispanics, there are two APAs for which the difference is greater than five percent (APA 11 - Yakima, and APA 24, Chehalis). Radar Patrols A second benchmark available for analysis is the comparison of traffic stop data for drivers who have been contacted as a result of being identified as speeding via radar with all other stops. This particular benchmark statistic constitutes a measure of both driving quantity and driving quality, and has the important additional advantage of being a “blind” count – that is to say, WSP Troopers operating radar units seldom if ever can determine the race of motorists identified as speeders by this traffic safety enforcement technique. The figures displayed in Table 4 present findings on the percent of drivers contacted by the WSP as a result of radar displayed by race and APA, and the figures presented in Table 5 subtract the percentage of contacted via radar (by race) from the percentage contacted by the WSP as a result of all other self-initiated contacts. Adhering to the above-mentioned standard of differences of greater than five percent being substantively significant, Table 5 reveals that there is not a single APA in which Blacks, Native-Americans, Asian/Pacific Islanders, or East Indians are over-represented in contacts initiated as a result of radar patrols compared with all other self-initiated contacts. Hispanics are over-represented in one APA (APA 12 - Sunnyside). (Tables 4 and 5 on the following two pages) 10 Table 4: Contacts Via Radar Patrols (%) Data for Nov. 2005 - Sept. 2006 APA 2 3 4 5 6 7 8 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 30 31 32 33 34 35 36 37 38 39 40 Statewide 271,168 White 76.4 83.2 84.4 69.7 69.6 76.1 90.5 65.5 55.0 74.3 84.7 97.4 87.8 94.6 93.8 86.3 90.1 85.7 85.1 83.4 85.9 85.3 80.5 78.4 83.5 89.5 78.6 90.2 92.1 86.6 88.2 90.4 94.4 94.4 Black 9.7 7.0 4.7 8.1 10.9 4.4 1.5 2.0 1.5 2.1 1.0 0.4 2.5 1.7 1.8 2.9 0.7 3.9 2.9 0.6 2.7 0.4 2.3 2.0 2.4 4.1 3.8 1.8 1.2 5.0 2.8 1.7 0.8 0.7 Native Amer. 0.2 0.2 0.5 0.2 0.2 0.1 0.8 3.8 1.4 0.2 0.5 1.2 0.6 1.0 0.3 0.2 0.7 0.1 0.2 0.3 0.5 2.9 0.3 1.0 0.3 0.2 0.3 0.1 1.7 0.4 0.6 1.2 0.2 0.3 Asian 6.8 4.0 4.3 11.3 7.9 8.2 3.2 1.8 1.2 1.5 0.9 0.4 2.7 1.0 2.4 3.4 0.9 4.0 4.4 1.4 3.4 0.6 2.4 9.9 6.4 2.8 8.4 2.6 2.5 4.1 3.0 1.9 1.7 1.0 E. Indian 0.5 0.4 0.8 2.7 1.6 2.6 0.4 0.5 0.3 0.2 0.4 0.1 0.7 0.1 0.3 1.0 0.2 1.0 1.3 0.4 0.7 0.2 0.8 4.2 1.8 0.2 2.5 0.6 0.5 0.2 0.4 0.3 0.3 0.2 Hispanic 5.8 4.7 4.5 7.2 8.5 7.9 3.3 26.2 39.9 21.5 12.5 0.5 5.7 1.5 1.2 5.7 7.4 4.5 5.9 14.0 6.5 10.5 13.4 3.8 5.3 3.0 6.1 4.6 1.8 3.5 4.4 4.5 2.6 3.4 84.8 2.9 0.5 3.6 0.9 6.8 11 N 3,313 4,092 5,567 3,644 5,329 7,691 2,190 5,651 2,806 9,283 7,594 3,702 7,156 9,482 5,054 7,745 5,027 4,994 7,810 9,866 10,096 5,599 8,949 6,272 5,667 3,646 14,392 8,516 10,561 13,207 8,241 1,975 6,664 4,000 Table 5: Self-Initiated Contacts Minus Contacts Via Radar Patrols Data for Nov. 2005 - Sept. 2006 APA 2 3 4 5 6 7 8 11 12 13 15 16 19 20 21 22 23 24 25 26 27 28 30 31 32 33 34 35 36 37 38 39 40 Statewide White -2.1 -1.1 +0.9 -1.4 -3.5 -1.5 -0.2 -4.4 -5.5 -0.6 -0.4 +0.3 -0.7 -0.2 -0.1 -0.2 +2.1 +0.3 -2.9 -0.3 -3.3 -3.0 -2.6 +0.2 -1.4 0.0 -0.2 -0.5 -0.4 +0.2 -0.9 -0.3 -0.2 Black +2.0 +0.4 -0.2 +2.8 +1.8 +1.1 +0.2 -0.1 -0.3 +0.1 0.0 -0.1 +0.5 0.0 -0.5 +0.1 -0.8 -0.2 -0.1 0.0 0.0 -0.2 +0.3 -0.3 +0.6 +0.5 0.0 +0.1 +0.2 -0.7 -0.1 0.0 -0.2 Native Amer. +0.2 0.0 +0.1 0.0 +0.1 0.0 -0.2 +2.0 +0.4 0.0 +0.3 -0.1 -0.1 0.0 0.0 +0.4 0.0 0.0 -0.1 0.0 +2.2 0.0 +0.6 +0.1 +0.1 -0.1 0.0 +0.1 0.0 +0.2 +0.3 0.0 0.0 Asian -0.4 0.0 -0.2 -1.1 +1.1 +0.4 -0.6 -0.4 -0.2 0.0 -0.1 -0.2 +0.1 +0.1 -0.2 0.0 -0.9 -0.5 -0.3 -0.4 -0.1 -0.4 -2.7 -2.0 +0.2 -1.4 0.0 -0.4 -0.1 -0.4 -0.3 -0.1 -0.1 -1.7 +0.8 +0.1 0.0 12 E. Indian Hispanic +0.1 +0.2 0.0 +0.8 -0.2 -0.1 -0.5 +0.3 +0.1 +0.8 -0.1 +0.2 0.0 +0.3 -0.1 +4.0 0.0 +5.9 0.0 +0.4 0.0 +0.1 0.0 0.0 0.0 +0.1 +0.2 +0.1 -0.2 0.0 +0.1 +0.4 -0.2 +0.1 -0.1 +0.7 0.0 +3.2 0.0 +0.7 0.0 +2.3 -0.2 +3.8 -0.9 +0.3 -0.4 +2.5 0.0 +0.7 -0.3 +1.1 -0.1 +0.3 -0.1 0.0 0.0 +0.2 -0.1 +1.1 -0.3 +1.0 -0.1 -0.4 0.0 -0.1 0.0 +1.0 Accidents Arguably the most effective denominator benchmark is to compare traffic stop data with rates of involvement in roadway accidents. These accident data can be seen as measuring both the quantity and quality of driving in a particular area. Most importantly, traffic accident data constitute another “blind” measure since WSP Troopers do not know the race of those citizens they will contact in a traffic accident setting prior to arriving at the scene of the collision or other type of accident. At a later point in this report findings are reported from an assessment of the accuracy of traffic accident data coded for race. The accident data are assessed against evidence collected in an observational study permitting the coding of digital facial images of drivers on two principal roadways in the Seattle and Spokane areas. That assessment strongly suggests that racially coded traffic accidents likely constitute a very good estimator for the racial composition of the driving population. These findings from an observational study – in this case the coding of facial digital images by a group of racially and ethnically diverse coders. (Tables 6 and 7 on the following two pages) Table 6 displays findings on the percent of drivers contacted by the WSP as a result of their involvement in motor vehicle accidents by race and APA, and the figures presented in Table 7 subtract the percentage involved in accidents (by race) from the percentage contacted as a result of self-initiated activity by the WSP. The results in Table 7 reveal that there is not a single APA in which Blacks, Native-Americans, Asians/Pacific Islanders, East Indians, or Hispanics are over-represented in contacts as compared to accident data (in fact, there are three APAs in which Hispanics are under-represented). Table 6: Contacts Via Collisions (%) Data for Nov. 2005 - Sept. 2006 13 APA 2 3 4 5 6 7 8 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 30 31 32 33 34 35 36 37 38 39 40 Statewide White 76.9 83.7 88.0 70.9 65.9 74.4 85.0 61.7 42.5 72.2 86.2 96.9 85.4 94.0 91.5 87.6 85.0 87.4 88.2 75.8 76.1 78.2 72.9 83.6 84.9 90.7 81.3 86.6 92.0 90.3 85.8 89.5 94.0 95.3 Black 8.4 6.2 2.9 7.2 9.2 3.9 0.0 1.2 0.4 1.4 0.5 0.0 3.5 1.2 3.0 2.4 1.5 1.6 2.3 1.0 3.0 0.9 1.7 1.6 1.8 2.7 3.1 1.2 1.1 2.8 1.4 0.3 0.5 0.0 Native Amer. 0.2 0.3 0.4 0.1 0.3 0.2 2.9 4.8 1.4 0.3 0.5 2.2 0.5 1.0 0.0 0.0 1.5 0.2 0.0 0.0 0.4 2.4 0.2 1.7 0.9 0.0 0.4 0.0 3.9 0.7 1.9 1.3 0.0 1.1 Asian 6.9 3.9 3.8 11.9 10.1 10.2 2.9 0.7 1.4 1.8 1.8 0.0 1.5 0.9 2.0 3.3 2.3 2.8 2.3 2.1 4.1 0.5 1.9 2.8 3.5 2.2 5.8 3.1 1.5 2.5 1.9 1.8 0.9 0.0 E. Indian 0.6 0.1 0.5 2.6 2.3 3.0 0.0 0.5 0.4 0.3 0.9 0.0 1.0 0.3 0.5 0.8 0.0 0.9 2.0 1.3 1.0 0.5 0.9 2.8 1.1 0.4 2.1 0.7 0.0 0.1 0.0 0.0 0.0 0.0 Hispanic 6.5 5.4 3.8 6.7 11.3 7.4 7.9 30.7 53.6 23.7 9.6 0.9 7.5 2.4 3.0 5.6 9.8 6.3 5.1 19.6 15.1 17.5 22.4 6.9 7.6 4.0 6.7 8.5 1.5 3.2 8.2 6.8 4.6 3.7 N 2,462 1,880 1,371 3,449 3,019 2,285 140 579 280 722 218 226 199 1,396 199 1,236 133 429 391 520 677 211 468 708 543 226 2,530 885 464 1,134 366 380 216 190 79.3 4.2 0.6 5.6 1.3 8.6 30,132 14 Table 7: Self-Initiated Contacts Minus Contacts Via Collisions (%) Data for Nov. 2005 - Sept. 2006 APA 2 3 4 5 6 7 8 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 30 31 32 33 34 35 36 37 38 39 40 Statewide White -2.6 -1.6 -2.7 -2.6 +0.2 +0.2 +5.3 -1.6 +7.0 +1.5 -1.7 +0.1 +2.7 +0.1 +2.1 -1.4 +3.9 +0.4 -2.8 +4.7 +9.5 +1.8 +4.6 -2.6 -1.2 -2.6 -2.7 +3.4 +0.6 -4.1 +2.6 0.0 +0.1 -0.7 Black +3.3 +1.2 +1.6 +3.7 +3.5 +1.6 +1.7 +0.7 +0.8 +0.8 +0.5 +0.4 -1.1 +1.0 -1.2 +1.0 -0.7 +1.5 +0.4 -0.5 -0.3 -0.5 +0.4 +0.7 +0.3 +2.0 +1.2 +0.6 +0.2 +2.4 +0.7 +1.3 +0.3 +0.5 Native Amer. +0.2 -0.1 +0.2 +0.1 0.0 +0.1 +1.9 +1.4 +0.4 -0.1 0.0 -0.7 0.0 -0.1 +0.3 +0.2 -0.4 -0.1 +0.2 +0.2 +0.1 +1.7 +0.1 -0.1 -0.5 +0.3 0.0 +0.1 -2.1 -0.3 -0.9 +0.2 +0.2 -0.2 Asian -0.5 +0.1 +0.3 -1.7 -1.1 -1.6 -0.3 +0.7 -0.4 -0.3 -1.0 +0.3 +1.0 +0.2 +0.5 -0.1 -1.4 +0.3 +1.6 -1.0 -1.1 0.0 +0.1 +4.4 +0.9 +0.8 +1.2 -0.5 +0.6 +1.5 +0.7 -0.2 +0.7 +0.9 E. Indian 0.0 +0.3 +0.1 -0.4 +0.6 -0.5 +0.4 -0.1 -0.1 -0.1 -0.6 +0.1 -0.3 -0.2 -0.2 0.0 +0.3 -0.1 -0.8 -0.9 -0.3 -0.3 -0.3 +0.5 +0.3 -0.2 +0.1 -0.2 +0.4 +0.1 +0.3 +0.1 +0.2 +0.2 Hispanic -0.5 +0.1 -0.6 +0.8 -2.0 +0.7 -4.3 -0.5 -7.8 -1.8 +3.0 -0.3 -1.8 -0.8 -1.7 +1.0 -2.0 -1.7 +1.4 -2.4 -7.9 -4.7 -5.2 -2.8 +0.2 -0.3 +0.5 -3.6 +0.3 +0.5 -2.9 -1.3 -1.6 -0.4 +3.8 -0.5 0.0 -2.0 -0.4 -0.9 15 Daylight Stops A logical argument would suggest that if racial profiling were in fact occurring, it would be more likely to manifest itself in daylight stops than night-time stops because WSP Troopers would be better able to form an impression of the race of individual drivers than at times of the day when their visibility is likely to be impaired. (Table 8 on following page) While it is true that there may be differences in driving times and habits according to race which traffic stop data analyzed in this manner cannot address, Table 8 presents findings on the percentage of stops made in daylight hours2 by race for each APA. These analyses reveal that, while there is considerable variation in the overall proportion of daylight stops across autonomous patrol areas, (adhering to the five percentage point criterion) a higher proportion of Blacks than Whites are stopped in daylight hours in four APAs (APA 12 - Sunnyside; APA 23 - Kelso; APA 37 - Hoquiam; APA 39 - Raymond). A higher proportion of Native-Americans than Whites are stopped in daylight hours in five APAs (APA 4 - Thurston County; APA 5 - Seattle North; APA 13 - Kennewick; APA 15 Colville; and APA 21 - Vancouver). A higher proportion of Asians/Pacific Islanders than Whites are stopped in daylight hours in three APAs (APA 27 - Okanogan; APA 30, Bellingham; and APA 39 - Raymond). A higher percentage of East Indians than Whites are stopped in four APAs (APA 11 - Yakima; APA 28 - Ephrata; APA 30 – 2 These data were coded such that 7 p.m. to 7 a.m. constituted non-daylight stops. While we realize full well that there are substantial monthly/seasonal differences in the number of daylight hours in any given day, there were no substantial differences in the number of stops over the various months included in the data set. The coding of this variable thus assumes that monthly/seasonal differences in the number of daylight hours will essentially cancel each other out. 16 Table 8: Daylight Stops (%) Data for Nov. 2005 - Sept. 2006 APA Overall 2 3 4 5 6 7 8 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 30 31 32 33 34 35 36 37 38 39 40 White Black Native Amer. Asian E. Indian Hispanic 59.3 59.1 56.3 56.4 57.9 61.5 78.6 67.7 77.3 64.2 72.9 64.4 81.2 55.7 71.4 58.1 80.1 57.3 52.9 68.9 71.5 77.0 75.2 53.9 59.4 52.2 61.5 51.3 70.8 55.4 67.0 46.7 74.1 81.6 51.7 48.6 42.7 47.0 48.3 49.7 63.3 56.3 84.4 52.7 60.7 51.5 83.0 37.1 57.8 47.4 74.5 72.1 40.6 70.8 67.8 79.4 70.4 43.3 53.2 29.2 46.4 42.4 62.7 38.6 73.4 41.1 85.1 84.4 52.5 40.0 64.9 65.4 59.3 44.4 63.9 57.2 62.9 80.0 70.0 69.7 78.0 53.8 72.0 72.2 68.4 60.0 32.0 64.4 62.0 67.0 77.4 43.0 43.5 27.3 53.2 41.7 75.5 42.6 54.9 50.7 70.6 77.8 51.6 48.6 49.3 51.2 50.0 52.8 77.2 61.4 77.4 49.3 67.1 51.9 75.3 43.4 53.8 47.0 86.2 56.7 40.9 72.4 71.9 86.8 78.9 63.9 57.7 32.0 57.4 45.7 66.3 45.6 62.1 40.8 82.5 89.7 56.1 53.6 53.8 44.5 47.3 49.5 86.7 74.0 80.0 56.8 74.3 33.3 84.7 44.1 65.2 43.7 70.0 61.5 43.5 68.7 70.8 58.8 84.5 62.1 51.4 47.6 57.2 53.8 75.4 55.4 61.0 33.3 81.0 75.0 52.1 51.1 48.7 47.6 47.1 52.3 68.3 54.5 67.7 51.0 58.0 61.7 75.3 44.2 66.3 46.7 75.9 49.5 40.1 49.8 65.3 67.1 62.8 52.9 34.0 41.0 47.9 38.0 63.0 49.7 52.7 41.8 55.1 72.5 17 57.4 57.4 55.2 53.9 54.8 59.0 77.8 62.8 72.8 60.8 70.8 64.4 80.8 54.9 70.6 56.7 79.6 57.4 51.1 65.7 70.9 75.3 73.1 54.4 57.0 50.0 59.4 50.3 70.6 53.8 66.1 46.3 73.7 81.4 Bellingham; APA 39 - Raymond). While these disparities should be noted, overall, this comparison of the proportion of minority compared to white drivers who are contacted by the WSP in daylight hours indicates that for the most part, minorities tend to be underrepresented in daylight stops. Conclusions Regarding Stops Based on Multiple Denominators Considered in their totality, these four distinct benchmark data comparisons indicate rather clearly that WSP Troopers are not engaged in systemic racial profiling at the level of which drivers they contact. This statement applies both with respect to statewide figures, and with respect to the situation in the 34 Autonomous Patrol Areas (APAs) distributed across the state. The Analysis of Citations for Evidence of Biased Policing In addition to manifesting itself in decisions to stop motorists, biased policing can occur at the level of which drivers who are stopped by police officers are issued citations. In this section of the 2007 traffic stop data monitoring report we present both bivariate and multivariate statistical analyses of the citation decisions made by WSP Troopers in the period November 2005 through September of 2006. Table 9 presents findings on the percentage of those contacted in each APA who were issued citations, broken down by race. The findings set forth in this table indicate that Black drivers were somewhat more likely to be issued citations than White motorists in 23 of 34 APAs, Native-Americans were more likely to be issued citations than Whites in 29 APAs, Asians in 20 APAs, East Indians in 20 APAs, and Hispanics in 29 APAs. (Table 9 on the following page) 18 Table 9: Percent Issued Citations by Race and APA Data for Nov. 2005 - Sept. 2006 APA 52.9 43.7 49.2 47.4 46.0 51.1 40.8 39.6 38.5 51.5 38.4 40.1 61.0 41.1 42.5 48.7 32.5 47.7 50.9 30.3 42.8 23.3 50.6 44.3 54.2 41.1 55.9 37.8 51.4 41.7 51.2 47.7 62.8 41.9 50.1 White 52.2 43.6 49.0 49.9 49.5 54.7 58.3 42.3 43.8 52.2 43.8 42.4 65.3 38.8 40.1 51.4 41.8 60.4 56.2 39.3 49.2 38.2 58.4 42.6 53.2 29.0 53.4 50.0 56.8 41.1 61.8 47.9 74.6 56.3 49.5 Black Native Amer. Asian E. Indian Hisp. 65.6 51.5 43.9 59.7 56.7 44.1 53.6 54.7 72.3 48.2 49.0 60.3 57.7 44.9 42.0 50.8 66.7 45.7 43.5 59.3 55.6 50.2 47.3 53.6 55.6 53.3 53.3 46.8 36.8 41.8 42.0 48.5 28.9 34.0 20.0 52.9 70.0 41.1 38.6 57.2 50.0 38.8 57.1 54.5 45.1 55.6 33.3 59.6 71.2 72.7 70.8 68.6 54.3 39.8 32.4 47.8 48.0 46.7 60.9 50.0 36.1 44.8 41.4 55.0 48.7 44.6 20.0 42.3 60.0 58.2 57.1 54.8 60.0 61.6 54.3 60.9 40.0 33.7 32.8 32.7 50.0 50.3 55.4 47.9 35.5 31.6 52.8 39.9 47.2 62.1 60.8 48.3 59.1 62.4 60.5 54.8 67.4 73.0 69.2 56.4 54.5 28.5 42.9 38.5 57.4 61.1 58.7 61.7 43.2 47.3 48.3 48.0 57.3 64.7 66.2 58.9 59.6 36.8 28.6 46.0 51.3 56.1 58.5 48.1 58.2 46.1 50.0 55.1 64.7 75.9 85.7 61.0 33.3 48.3 33.3 56.9 53.2 47.3 50.0 19 Overall 53.2 44.5 49.9 47.6 47.7 51.3 42.0 42.3 45.0 52.6 40.7 40.4 62.0 41.3 42.7 49.0 33.7 49.0 52.2 30.8 43.7 26.1 50.7 46.9 55.5 40.1 56.6 52.1 41.6 51.4 48.2 63.1 42.5 While these data could be interpreted as an indication that WSP troopers are more likely to issue citations to members of minority groups than to Whites, there are a number of important differences across the racial groups with respect to both the number of violations observed as a result of a traffic stop and the seriousness of those violations which influence the decision of WSP Troopers to issue citations. Table 10 presents findings on the average number of violations of those contacted by the WSP by race for the state’s 34 APAs. At the statewide level Whites have an average of 1.54 violations per contact; Blacks 1.74; Native-Americans 1.87; Asians 1.48; East Indians 1.39, and Hispanics 1.76. African Americans have a higher average number of violations than Non-Hispanic Whites in 32 of 34 APAs, Native-Americans have a higher average number of violations than Non-Hispanic Whites in 31 APAs, Asians and East Indians have a higher average number of violations than Non-Hispanic Whites in only five APAs, while Hispanics have a higher average number of violations than NonHispanic Whites in all 34 APAs. (Table 10 and Table 11 on the following two pages) Table 11 presents findings on the average violation seriousness score1 by race for each of the 34 APAs. Statewide, those drivers identified as East Indian by WSP Troopers have the lowest average seriousness scores at .08, followed by Asians at .11, NonHispanic Whites at .15, African Americans at .24, and Hispanics drivers at .25. Native1 This variable is coded “one” for serious offenses and coded “zero” for other offenses, and then summed across the eight violation fields (with possible scores ranging from zero to eight). Serious violations included the following offenses: felony drugs; misdemeanor drugs; DUI drugs with test; DUI drugs, no test; DUI underage, with test; DUI underage, no test; DUI with test; DUI without test; felony flight, elude; felony warrant; hit and run; insurance - none; license suspension/revocation; misdemeanor warrant; negligent driving, 1st degree; negligent driving, 2nd degree; reckless driving; vehicular homicide; and vehicular assault. 20 Table 10: Average Number of Violations by Race and APA Data for Nov. 2005 - Sept. 2006 APA 2 3 4 5 6 7 8 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 30 31 32 33 34 35 36 37 38 39 40 White 1.63 1.78 1.80 1.65 1.62 1.63 1.74 1.39 1.60 1.39 1.54 1.66 1.35 1.53 1.28 1.56 1.36 1.62 1.37 1.76 1.58 1.39 1.45 1.59 1.54 1.46 1.54 1.39 1.50 1.60 1.29 1.48 1.38 1.43 Statewide 1.54 Black 1.87 1.97 1.83 1.90 1.83 1.87 1.85 1.48 1.75 1.45 1.68 1.97 1.43 1.72 1.36 1.82 1.42 1.66 1.36 1.94 1.60 1.44 1.56 1.78 1.49 1.52 1.64 1.44 1.70 1.70 1.32 1.51 1.39 1.44 Native Amer. 2.10 2.47 2.30 1.81 2.07 1.96 2.19 1.76 1.92 1.33 1.64 1.91 1.41 1.81 1.56 1.36 1.74 2.80 2.00 1.87 1.99 1.90 1.70 2.10 2.15 1.55 1.92 1.42 1.96 2.04 1.55 2.09 1.47 1.22 Asian 1.57 1.79 1.70 1.59 1.57 1.61 1.61 1.32 1.40 1.50 1.36 1.59 1.23 1.58 1.35 1.50 1.34 1.46 1.25 1.75 1.58 1.39 1.34 1.26 1.26 1.38 1.38 1.29 1.41 1.47 1.30 1.37 1.26 1.34 1.74 1.87 1.48 21 E. Indian 1.52 1.77 1.49 1.51 1.46 1.55 1.93 1.42 1.80 1.32 1.31 1.78 1.17 1.44 1.17 1.26 1.20 1.32 1.14 1.51 1.58 1.29 1.26 1.31 1.16 1.48 1.30 1.20 1.35 1.59 1.12 1.00 1.24 1.00 Hispanic 1.87 1.98 2.05 1.90 1.88 1.87 1.82 1.66 1.96 1.64 1.76 1.94 1.52 1.68 1.40 1.63 1.37 1.81 1.55 2.03 1.75 1.72 1.74 1.76 1.82 1.56 1.73 1.51 1.72 1.69 1.36 1.59 1.63 1.53 1.39 1.76 Table 11: Average Seriousness of Violations by Race and APA Data for Nov. 2005 - Sept. 2006 APA 2 3 4 5 6 7 8 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 30 31 32 33 34 35 36 37 38 39 40 Statewide White .23 .26 .22 .20 .19 .13 .17 .10 .09 .11 .14 .13 .09 .15 .07 .16 .09 .19 .12 .16 .11 .09 .09 .16 .19 .16 .16 .12 .13 .15 .09 .21 .13 .13 .15 Black .32 .34 .21 .30 .29 .23 .32 .14 .13 .14 .22 .09 .13 .23 .12 .26 .11 .19 .14 .28 .16 .18 .13 .21 .15 .17 .20 .12 .25 .18 .10 .22 .06 .28 .24 Native Amer. .57 .67 .55 .23 .63 .33 .44 .31 .22 .10 .30 .30 .14 .34 .24 .14 .29 .70 .24 .36 .20 .35 .17 .52 .52 .50 .34 .33 .26 .43 .21 .45 .12 .11 .34 Asian .18 .20 .14 .15 .15 .10 .22 .04 .09 .09 .11 .19 .06 .12 .06 .11 .05 .12 .05 .09 .08 .13 .03 .04 .05 .09 .08 .07 .08 .11 .08 .16 .07 .05 .11 22 E. Indian .13 .39 .08 .13 .15 .07 .27 .06 .13 .05 .20 .11 .04 .12 .04 .05 .10 .05 .07 .04 .08 .00 .07 .04 .04 .19 .06 .04 .08 .16 .00 .00 .00 .08 Hispanic .35 .39 .32 .34 .36 .25 .25 .25 .25 .24 .30 .23 .15 .23 .13 .19 .14 .25 .21 .25 .21 .26 .22 .27 .37 .21 .28 .16 .17 .21 .12 .22 .32 .21 .08 .25 American drivers contacted by the WSP had the highest average seriousness scores, registering at .34. At the individual APA level, Blacks and Native-Americans had average seriousness scores that were lower than those of Whites in only four of thirtyfour APAs; Asians had average seriousness scores that were higher than Non-Hispanic Whites in only three APAs, while East Indians had average seriousness scores that were higher than Non-Hispanic Whites in seven APAs. Hispanic drivers had higher average seriousness scores than Non-Hispanic Whites in all 34 APAs. These cross-race differences in the number of violations observed during a traffic stop, and in the seriousness of violations noted are taken into account in the multivariate analyses of citation decisions of WSP Troopers presented below. Multivariate Analysis of Citations Our multivariate analyses of citations focus on two dependent variables: (1) whether an individual contacted by the WSP was issued a citation as a result of the traffic stop, and (2) in situations of multiple violations, the number of citations issued. Taking into account the points made above regarding differences in the average number and seriousness of violations across racial groups, we conducted separate analyses for each of the 34 autonomous patrol areas with the predictor/independent variables in the first model consisting of the driver’s gender (males coded one, females coded zero); age (in years, a continuous variable); and race (dummy variables for African American, NativeAmerican, Asian, East Indian, and Hispanic, with Non-Hispanic Whites treated as the reference category). We also included measures of the number of violations of the individual contacted and the combined seriousness of those violations; a variable indicating whether the stop occurred during daylight hours; and a variable indicating 23 whether the stop occurred on an interstate highway (interstate highway coded one; all other locations coded zero). We also included separate “dummy variables” (binary variables indicating the presence or absence of a trait or characteristic) for individuals contacted who had “out-of-state” license plates (most typically from British Columbia, California, and Oregon). The second set of multivariate statistical models developed for the analysis include all the variables identified above, as well as interaction terms for race multiplied by the number and combined seriousness of the violations in order to control for the possible effects on being issued a citation of differences in rates of noncompliance with traffic laws across racial groups. While our focus in this report is on the impact of race on being issued a citation, the full logistic regression models run on the WSP traffic stop data for the period November 2004 through September 2006 indicated with respect to gender that males were significantly more likely to be issued a citation in 21 of 34 APAs (see Table 12); age had a statistically significant impact on receiving a citation in 32 of the 34 APAs (with younger drivers being more likely to be issued a citation); stops occurring on interstate highways were more likely to result in citations being issued in 15 APAs; and daylight stops were more likely to result in citations being issued in 30 APAs. The findings set forth in Table 13 indicate that the number of violations had a statistically significant impact on receiving a citation in 15 APAs (those with a greater number of violations were more likely to be issued citations), and the combined seriousness score had a statistically significant effect on receiving a citation in 33 APAs (those with higher (Table12 and Table 13 on the following two pages) 24 Table 12: Odds Ratios - Citation Dependent Variable (with Interaction Terms) Data for Nov. 2005 - Sept. 2006 APA 2 3 4 5 6 7 8 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 30 31 32 33 34 35 36 37 38 39 40 Male 1.11** 1.18** 1.12** 1.33** 1.33** 1.12** 1.69** 1.26** .98 .98 1.08 1.16* .86** 1.19** 1.05 1.15** 1.16 1.01 .91 1.25** .90* 1.37** 1.08 1.43** 1.17** 1.11 1.10** 1.14** 1.07 1.11** 1.03 1.05 1.09 1.21* Age .99** .99** .99** .98** .98** .98** .97** .98** .98** .99** .99** .99** .98** .99** .99** .99** .98** .98** .98** .99** .98** .98** .98** .98** .99** 1.00 .98** .99** .99** .99** .98** .99** 1.00 .98** Interstate .95 .92 1.44** 1.08 1.14** 1.05 4.13** 1.11 1.11 1.26** 1.53 N.A. 1.84** 1.62** N.A. 1.28** 1.84 1.38** 1.45** .32 1.89** N.A. 1.88** 1.83** 1.66** .38 2.00** 1.00 N.A. .23** N.A. 4.03** N.A. .92 * p < .01 ** p < .001 25 Daylight Stop 1.37** 1.56** 2.12** 1.92** 1.46** 1.91** 1.33* 2.22** 1.71 2.47** 1.97** 2.40** 1.58** 2.39** 3.15** 2.08** 2.07** 2.75** 1.38** 2.59** 1.97** 1.22* 2.29** 2.80** 2.77** 4.64** 2.41** 5.40** 1.81** 2.76** 3.46** 1.48** 4.01** 1.50** Table 13: Odds Ratios - Citation Dependent Variable (with Interaction Terms) Data for Nov. 2005 - Sept. 2006 APA 2 3 5 6 7 8 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 30 31 32 33 34 35 36 37 38 39 40 # Violations Seriousness BC plate CA plate OR plate 1.01 4.03** .86 1.04 1.15 1.16** 4.37** .42 1.04 .87 1.14** 4.05** 2.14** 1.79** 1.65** .95 4.81** 1.58* .91 1.15 1.16** 3.12** 1.63 .95 1.07 .98 4.01** 1.09 1.16 .90 1.14 2.06** .19 1.00 .69 1.16** 4.16** .95 1.66** 1.25 .91 5.59** .49 1.10 .67 .94 5.11** 1.38 1.54** 1.26** 1.22** 1.72** 1.27 1.23 1.10 1.26** 3.62** 2.81** 2.75** 1.41 .91 4.32** 1.47 1.05 1.19 .96 5.70** 1.40 1.57* .97 .75 3.26** 1.05 2.32** 1.58* 1.03 4.33** .88 1.28 1.21** 1.18** 2.07** .98 1.70** 1.34** 1.01 3.75** 1.60* 2.25** 1.31** 1.23** 1.57** 1.61* 1.39** 1.36** 1.19** 2.22** 1.31 1.83** 1.32 .73 3.75** 1.49* 1.30 .76 1.14 3.92** 1.06 2.39** 1.18 .76 4.60** 1.10 1.56* 1.07 .94 5.11** 1.60** .64 1.32 1.03 4.66** 1.96** 1.82* .87 1.07 5.78** 1.59 1.60* 2.14** 2.41** .94 3.79** 2.01** 1.32* 1.16** 6.57** 1.23 .69 1.10 3.88** 3.22** 1.25 1.46** 1.65** 1.15** 3.46** .59 .92 .86 1.00 5.58** 1.75 1.27 1.25 1.48** 2.69** 1.51 1.23 1.76 1.07** 2.35** 2.61** 1.60* .91 1.14 1.58** 1.99 2.01 1.59** * p < .01 ** p < .001 26 seriousness scores were more likely to receive citations). Drivers with BC plates were more likely to be issued citations in six APAs; those with California plates were more likely to be issued citations in 12 APAs, while those with Oregon plates were more likely to be issued citations in nine APAs. Table 14 presents summary odds ratios for the effects of race on citation (these models included interaction terms and all other independent variables). This table reveals that African Americans were not more likely to be issued citations in a single APA, and were significantly less likely (p < .001) to be issued a citation in four APAs (Tacoma Freeway, Seattle North, Everett Central, and Everett East). Native-Americans were not more likely to be cited in a single APA, and were significantly less likely to receive a citation in Yakima. Hispanics were not more likely to be issued a citation in a single APA, and were significantly less likely to be issued citations in the Seattle North, Seattle East, Wenatchee, and Hoqiuam APAs. While the results for East Indians should be treated with caution due to the large number of APAs in which there were too low a number of contacts with members of this group to allow for reliable statistical analyses, there was only one APA (Bellingham) in which East Indians were more likely to be issued citations than the comparison group of Non-Hispanic Whites. However, these analyses did indicate that Asian drivers were significantly more likely to be issued citations in five of the state’s APAs, those being Kelso, Ellensburg, Bellingham, Mount Vernon, and Everett Central. (Table 14 on the next page) The disproportionate citation rate for Asian drivers in these five APAs appears to be related to higher rates of citation for members of this group as a result of contacts for 27 Table 14: Odds Ratios - Citation Dependent Variable (with Interaction Terms) Data for Nov. 2005 - Sept. 2006 APA 2 3 4 5 6 7 8 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 30 31 32 33 34 35 36 37 38 39 40 Black .70** .79 1.01 .64** .85 .80 .62 1.08 .59 .83 1.76 1.47 .79 .55* .55 .69 .72 .90 1.06 1.44 1.05 2.05 .94 .56 1.03 .67 .64** .40** .82 .77 1.78 1.19 1.39 1.00 Native .60 .41 1.72 .77 1.81 1.96 .15 .38** .17* 3.50 1.51 .86 2.63 .62 .19 .12 .85 .17 .30 .62 1.02 1.05 .10* 1.46 .51 1.75 .75 N.A. 1.11 1.26 .41 .37 1.28 1.63 Asian 1.24 .98 1.34 .95 1.19 1.10 1.90 1.83 .88 .74 .79 3.04 2.22* .90 1.25 1.17 1.02 2.53** 1.22 1.76 1.69** 1.46 1.69 3.11** 4.00** 1.06 1.71** 1.49 1.99* 1.06 1.51 .15 1.09 1.34 * p < .01 ** p < .001 28 Hispanic .57 .91 1.27 .58** 1.08 .64** .54 .88 1.01 .85 1.02 2.86 1.41 .76 .65 .87 .83 .87 1.04 .62** .98 1.29 .55 .96 .70 .85 .87 .71 1.50 .89 .50** .35* .77 .74 East Indian .87 1.09 .43 .86 1.03 1.18 .29 1.15 .65 .30 1.37 1.52 .43 1.25 4.58 .50 1.20 1.05 .44 1.86 1.72 3.27 .89 2.15** 1.85 .71 .87 .80 2.04 .56 3.44 1.84 N.A. 1.00 speeding violations. In APA 23 (Kelso), 78.2% of Asian drivers who were contacted as a result of speeding (via radar patrols) were issued citations, compared with 67.4% of nonAsian drivers. In APA 26 (Ellensburg) 61.1% of Asian drivers contacted as a result of speeding (radar) were issued citations, compared to 51.7% of non-Asian drivers. In APA 30 (Bellingham) 72.9% of Asians contacted as a result of speeding (radar) were issued citations, compared with 53.3% of non-Asian drivers. In APA 31 (Mount Vernon) 86.7% of Asian drivers contacted as a result of speeding (radar) were issued citations, compared to 60.4% of non-Asian drivers. In APA 33 (Everett Central) 84.5% of Asian drivers contacted as a result of speeding (radar) were issued citations, compared to 76.8% of nonAsian drivers. Critics of our multivariate analytical approach might contend that our finding of attenuated racial/ethnic bias in the issuing of citations when the number and seriousness of violations across racial/ethnic groups is considered is an artifact which itself is the result of racial bias on the part of members of the Washington State Patrol. If officers record a greater number and severity of violations for members of minority groups, this could be the product of bias rather than the actual driving behavior of those contacted. In order to address this potential criticism, we conducted an additional set of analyses on the probability of receiving a citation for each of the 34 APAs for drivers who had only one recorded violation. These analyses included all variables (with the obvious exception of the number of violations and the interaction terms) included in previous models. (Table 15 on the following page) 29 Table 15: Odds Ratios - Citation Dependent Variable (Single Violation Recorded) Data for Nov. 2005 - Sept. 2006 APA 2 3 4 5 6 7 8 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 30 31 32 33 34 35 36 37 38 39 40 Black .79** .82 .94 .82 .95 .97 .87 1.10 .50 1.09 1.61 1.26 1.06 .63** .74 .89 1.38 .98 1.17 1.59 1.15 1.91 1.23 .66 .91 .71 .81* .63* .93 .93 1.48 1.08 1.44 1.23 Native .89 .35 2.36 .78 2.45 2.18 .70 .45** .32 3.04 1.58 .74 2.01 .98 .49 .29* 1.22 .55 .55 1.03 1.15 1.06 .33* 1.25 1.09 1.50 .96 N.A. 1.15 1.64 .80 .68 1.60 1.07 Asian 1.13 1.06 1.09 .97 1.10 1.06 1.78 1.29 .71 .69 1.00 2.57 1.69 .94 1.45 .97 1.38 1.53* 1.30 1.33 1.34* 1.74 1.59** 1.84** 2.20** .93 1.26** 1.09 1.88** .99 1.33 .78 1.57 1.31 * p < .01 ** p < .001 30 Hispanic 1.05 1.12 1.41* .74* 1.26* .84 .79 1.06 1.41** 1.02 1.37** 3.15* 1.38 .98 1.09 1.07 1.10 .88 1.22 .83 1.06 1.40** .78** 1.12 .91 .91 1.11 .93 1.64 .93 .72** .82 .97 1.08 East Indian .78 1.06 .65 .87 .96 .98 .70 1.44 .24 .84 3.08 .88 2.25 1.00 2.90 .88 .69 1.30 1.04 1.21 1.99 3.41 1.09 1.65** 1.53 .79 1.01 1.21 1.56 .63 1.99 1.94 N.A. .70 Table 15 reveals that African American drivers who had only one recorded violation were not significantly more likely to be issued a citation in a single APA, and were significantly less likely to be issued a citation in the Tacoma Freeway and Spokane APAs. Native-Americans with a single recorded violation were not significantly more likely to be issued a citation in any APA, and were significantly less likely to be issued a citation in the Yakima APA. Hispanics with a single violation were significantly more likely to be cited in the Sunnyside, Walla Walla, and Okanogan APAs, and were significantly less likely to be cited in Bellingham and Hoqiuam. East Indian drivers with a single recorded violation were significantly more likely to be cited in the Bellingham APA, while Asian drivers with a single violation were significantly more likely to be cited in the Ephrata, Bellingham, Mount Vernon, Oak Harbor and Port Angeles APAs. While these multivariate statistical analyses reveal somewhat more evidence of potential bias in additional APAs across the Evergreen state, they do not indicate the existence of systematic bias in citing minorities who have a single violation recorded by the Washington State Patrol. In order to examine an additional potential manifestation of bias (namely, the “piling on” phenomenon whereby the police are engaged in issuing a greater number of citations to members of minority groups than they do to Non-Hispanic Whites for the same type of offenses) a final set of analyses of citations issued in the Nov. 2005 to September 2006 period was done. The research team selected those cases in which more than a single violation was recorded, and treated the number of citations issued as the dependent variable, using ordinary least squares regression and statistically controlling 31 for the other independent variables. Table 16 presents beta coefficients (a measure of standardized effects under conditions of controlling for all other predictor variables) for the race variables. This analysis indicates that there were no APAs where African American drivers were issued a greater number of citations, and two (Bellingham and Everett East) in which they were issued significantly fewer citations. There were no APAs in which Native-Americans were issued a greater number of citations, and one (Wenatchee) in which they were issued significantly fewer citations. Hispanics were issued a greater number of citations in Goldendale, and significantly fewer citations in Seattle East, Walla Walla, Wenatchee, and Ellensburg. East Indians were not issued more citations in a single APA, while Asians with more than one recorded violation were issued a greater number of citations in seven APAs (Thurston County, Seattle South, Kelso, Chehalis, Mount Vernon, and Everett Central). Considering the analyses of citations overall, while there should be some concern regarding the higher rate of citation for Asian drivers in certain APAs, it is important to note that when racial differences in compliance with traffic and safety laws are statistically controlled for, there is no evidence of systematic racial bias on the part of the Washington State Patrol at the level of which drivers are issued citations. (Table 16 on the following page) 32 Table 16: Beta Coefficients, with Number of Citations as Dependent Variable (Interaction Terms Included ) Data for Nov. 2005 - Sept. 30, 2006 APA 2 3 4 5 6 7 8 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 30 31 32 33 34 35 36 37 38 39 40 Black - .05 .00 .03 - .03 .00 - .01 - .11* .06 .05 .01 .03 .02 - .03 - .03 .07 - .03 - .05 .08 .04 - .01 .02 .00 - .02 - .10** - .03 .01 - .01 - .10** .02 - .01 .01 .08 .05 - .01 Native .03 - .01 .04 .02 .00 .01 - .10 - .03 - .03 - .07* .04 .03 .00 - .01 - .10 .01 .06 .00 - .12 - .07** - .02 .00 - .02 .04 - .05 .06 - .01 .04 - .03 .01 .02 - .03 - .04 .03 Asian .03 - .01 .10** .01 .09** .05 - .05 .10 .05 .07 .02 .03 .07 .01 - .05 .06 .13 .10** .19** .05 .10** .03 - .02 .11* .17** .03 .11** - .03 .03 .01 .05 .12 .10 .05 * p < .01 ** p < .001 33 Hispanic - .01 - .01 - .02 - .02 -.03 - .10** - .17* - .01 .05 .02 - .18** - .01 .05 .00 - .07 .05 .21** .02 - .04 - .14** - .09** - .07 - .06 - .03 - .02 - .02 .02 .01 - .02 .00 .07 .06 - .06 - .03 East Indian N - .04 6,489 .08 7,493 .04 8,022 - .01 6,579 - .01 8,712 .04 9,364 - .07 1,853 - .08 3,970 - .11* 2,891 - .06 5,896 - .04 4,709 .04 3,721 .04 3,018 .01 8,562 - .04 1,667 .06 7,919 .02 1,934 .07 4,499 .02 3,140 .07 9,601 .01 6,353 .01 2,490 .07 5,378 - .03 4,069 - .01 3,707 - .03 2,757 .11 11,605 .01 4,933 .03 6,092 - .01 10,603 - .01 3,193 N.A. 1,457 N.A. 2,399 - .03 1,849 Comprehensive Multivariate Analysis of Citations Issued: Drilling Down to the Contextual Detail of Citation Issuance We conducted multivariate logistic regression analyses of the decision to issue a citation. In addition to the independent variables of race/ethnicity (Black, Native- American, Asian/Pacific Islander, Hispanic, and East Indian, treating Whites as the reference category) we included controls for gender (males=1; females =0); age (a continuous variable) whether the traffic stop occurred on an Interstate highway (Interstate=1; other=0); whether the stop occurred during daylight hours (daylight=1; night=0); the number of violations identified as a result of the traffic stop (a continuous variable); the seriousness of the violation(s); four dummy variables indicating whether the individual contacted had an out of state license plate (British Columbia, California, Oregon, and Idaho) and multiplicative interaction terms for each of the five minority groups controlling for differences in the number and seriousness of violations across the groups. Table 17 features odds ratios for the citation decision for each of the five minority groups for the full logistic regression models. Using a .001 probability criterion, this table reveals that African Americans were not significantly more likely to be issued citations in any autonomous patrol areas, to the contrary, as a group they were significantly less likely to be issued citations than Non-Hispanic Whites in three APAs. Similarly, Native-American drivers were not significantly more likely than Non-Hispanic Whites to be issued citations in any of the state’s 34 APAs, and as a group they were significantly less likely to be issued citations in one APA. Asian drivers in the state were (Table 17 on the following page) 34 Table 17: Odds Ratios -Citation Dependent Variable (Interaction Terms Included) Data for Nov. 2005 - Sept. 2006 APA 2 3 4 5 6 7 8 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 28 30 31 32 33 34 35 36 37 38 39 40 Black .70** .79 1.01 .64** .85 .80 .62 1.08 .59 .83 1.76 1.47 .79 .55 .55 .69 .72 .90 1.06 1.44 1.05 2.05 .94 .56 1.03 .67 .64** .40** .82 .77 1.78 1.19 1.39 1.00 Native .60 .41 1.72 .77 1.81 1.96 .15 .38** .17 3.50 1.51 .86 2.63 .62 .19 .12 .85 .17 .30 .62 1.02 1.05 .10 1.46 .51 1.75 .75 N.A. 1.11 1.26 .41 .37 1.28 1.63 * p < .01 ** p < .001 35 Asian Hispanic 1.24 .57 .98 .91 1.34 1.27 .95 .58** 1.19 1.08 1.10 .64** 1.90 .54 1.83 .88 .88 1.01 .74 .85 .79 1.02 3.04 2.86 2.22 1.41 .90 .76 1.25 .65 1.17 .87 1.02 .83 2.53** .87 1.22 1.04 1.76 .62** 1.69** .98 1.46 1.29 1.69 .55 3.11** .96 4.00** .70 1.06 .85 1.71** .87 1.49 .71 1.99 1.50 1.06 .89 1.51 .50** .15 .35 1.09 .77 1.34 .74 East Indian .87 1.09 .43 .86 1.03 1.18 .29 1.15 .65 .30 1.37 1.52 .43 1.25 4.58 .50 1.20 1.05 .44 1.86 1.72 3.27 .89 2.15** 1.85 .71 .87 .80 2.04 .56 3.44 1.84 N.A. 1.00 significantly more likely to be issued citations in 5 of the state’s 34 APAs. Hispanics were not significantly more likely than Non-Hispanic Whites to be issued citations in any APA, and were significantly less likely to be issued citations in four APAs. East Indians were significantly more likely to be issued citations in only one of the APAs. Considered collectively, these numerous analyses conducted from a variety of analytical perspectives indicate rather convincingly that as an agency the WSP and its Troopers are not engaged in biased policing at the level either of traffic stops or at the level of the issuance of citations. The Analysis of Searches Conducted as a Result of a Traffic Stop for Biased Policing In this section, we replicate most our earlier statistical analyses on the relationship between search and seizure and race using Washington State Patrol self reported data from November 2005 through September 2006. As we have done in past reports, we consolidate the various search categories into three distinct categories for the purposes of analysis: No Search, Low Discretion searches and High Discretion searches. Low Discretion searches include searches incident to arrest, impound or inventory searches, and warrant searches. Each of these searches is triggered by a preceding event, and thus the decision to search involves relatively less discretion than High Discretion searches. High Discretion searches include consent searches, “Terry” or pat-down searches, and k-9 searches. Search incident to arrest is the most common type of search conducted with well over half of all searches fitting into this category. Terry or pat-down searches are the most common high discretion search. 36 Table 18 shows the frequencies associated with each of these three search categories. As we have found in previous reports to the Washington State Patrol, searches resulting from traffic stops continue to be highly infrequent events. Only 3.3 percent of motorists contacted by WSP Troopers were searched during the 11-month time period analyzed here, with 2.9 percent being subjected to a low discretion search, and only .4 tenths of a percent being subjected to a high discretion search. Table 19 shows the results of a cross-tabulation of the search categories by race and ethnicity. The results reported here are quite similar to our earlier analysis of the 2002 and the 2003-2004 WSP traffic stop data. As a proportion within racial groups, Native Americans continued to be searched at higher rates than other races. Over 12 percent of Native Americans contacted by the WSP were subjected to a low discretion search, and 1.4 percent of Native Americans pulled over for a traffic stop were subjected to a high discretion search. Hispanics were subjected to low discretion searches 5.4 percent of the time, and were subjected to high discretion searches .9 of a percent of the time. African Americans were subjected to low discretion searches 5.3 percent of the time, and to high discretion searches .7 tenths of a percent of the time. Non-Hispanic Whites were subjected to low discretion searches 2.6 percent of the time, and to high discretion searches .3 tenths of a percent of the time. Asians/Pacific Islanders were subjected to low discretion searches 2.3 percent of the time, and they subjected to high discretion searches .3 tenths of a percent of the time. And lastly, East Indians were subjected to low discretion searches .7 tenths of a percent of the time, and to high discretion searches .1 tenth of a percent of the time. (Table 18 and Table 19 on the following page) 37 Table 18: Frequencies of Low and High Discretion Searches From all observations, Nov. 2005-Sept. 2006 Frequency Percent Cumulative Percent No Search 834,778 96.7 96.7 Low Discretion Search 25,131 2.9 99.6 High Discretion Search 3,407 .4 100.0 863,316 100.0 100.0 Total Table 19: Categories of Search by Race From all observations, Nov. 2005-Sept. 2006* No Search White 691,534 (97.1%) Low Discretion Search 18,346 (2.6%) Black 30,653 (94.0%) 1,719 (5.3%) 227 (0.7%) 32,599 (100%) Native Am. 4,004 (85.9%) 590 (12.7%) 66 (1.4%) 4,660 (100%) Asian/Pac 28,047 (97.4%) 665 (2.3%) 77 (0.3%) 28,789 (100%) Hispanic 60,848 (93.7%) 3,506 (5.4%) 577 (0.9%) 64,931 (100%) East Indian 15,212 (99.2%) 101 (0.7%) 20 (0.1%) 15,333 (100%) Other 3,647 (97.1%) 98 (2.6%) 9 (0.2%) 833,945 (96.7%) 25,025 (2.9%) 3,405 (0.4%) Total High Discretion Search 2,429 (0.3%) Total 712,309 (100%) 4,225 (100%) 862,375 (100%)** *The total number of observations is less that the total reported in Table 1 due to a relatively small number of missing variables. **percentages may not actually add up to 100 percent due to rounding errors. 38 Table 20 shows the hit rates for each racial/ethnic group, for both low and high discretion searches. Hit rates represent the rate at which law enforcement find contraband as a result of a search. They are by common convention calculated as a proportion of the total “hits” of contraband within each search category and within each racial/ethnic group category. For low discretion searches, the hit rate was .26 for NonHispanic Whites, African Americans and Native Americans, .20 for Hispanics, .17 for Asians/Pacific Islanders, and .10 for East Indians. For high discretion searches, the hit rate was .18 for Non-Hispanic Whites, .17 for Native Americans, .15 for African Americans and Hispanics alike, .11 for East Indians and .10 for Asians/Pacific Islanders. Table 21 presents the results of the multivariate analysis we did using a multinomial logit model. The dependent variable for the model is the three category search variable (0=No Search, 1=Low Discretion Search, 2=High Discretion Search). The specification of the model and the independent variables used the same as those in our previous report that analyzed the 2003-2004 data, excluding the APA or District level variables. When controlling for these covariates, this analysis indicates that for both categories of searches, males are more likely to be searched than females, younger drivers are more likely to be searched than older drivers, Native Americans, Hispanics and blacks are more likely to be searched than whites, while Asians/Pacific Islanders and East Indians are the least likely to be searched. The nature of contact variables indicate that the more the number of violations the more likely a search will occur, if the stop involved a serious violation a search is more likely, searches are more likely on interstates and non-interstates, and searches are less likely in the daylight hours than night (Table 20 and Table 21 on the following page) 39 Table 20: Hit Rates by Race, Across Categories of Search From all observations, Nov. 2005-Sept. 2006 Low Discretion Searches High Discretion Searches White No Contraban d 13,618 Black 1,278 441 .26 194 33 .15 Nat. Am. 435 155 .26 55 11 .17 Asian/Pac 550 115 .17 70 7 .10 Hispanic 2,922 584 .20 493 84 .15 E. Indian 91 10 .10 18 2 .11 77 18,971 21 6,056 .21 .27 8 2,833 1 570 .13 .17 Other Total Contraband Hit Rate No Contraband Contraband Hit Rate 4,730 .26 1995 432 .18 Table 21: Multinomial Logit Results From all observations, Nov. 2005-Sept. 2006 Variable Low Discretion Search Coefficient Significance (S.E.) level High Discretion Search Coefficient Significance (S.E.) level Driver Characteristics: Female Age Black Hispanic Native American Asian/ Pacific Islander East Indian Other Race -0.205 (.018) -0.27 (.001) 0.414 (.030) 0.343 (.022) 1.417 (.055) -0.253 (.044) -1.735 (.112) -0.403 (.120) .00 .00 .00 .00 .00 .00 .00 .00 -0.747 (.048) -0.045 (.002) 0.510 (.070) 0.588 (.048) 1.449 (.128) -0.416 (.117) -1.107 (.225) -0.526 (.335) .00 .00 .00 .00 .00 .00 .00 .12 Nature of Contact: Number of Violations Serious Violation(s) Interstate Daylight 0.687(.004) 3.416 (.021) 0.038 (.015) -1.080 (.015) .00 .00 .01 .00 0.355 (.012) 2.031 (.062) 0.223 (.036) -0.508 (.035) .00 .00 Officer Characteristics: Female Officer White Officer -0.226 (.031) 0.309 (.026) .00 .00 -0.438 (.086) 0.451 (.067) .49 .00 .00 -4.793 (.091) .00 Constant -3.984 (.036) 40 .00 time. The officer characteristics variables indicate that male officers are more likely to conduct searches than female officers and white officers are more likely to conduct searches than non-white or minority officers. Because the magnitude of the coefficients produced by the multinomial logit analysis are difficult to interpret, it is useful to employ the coefficient values to produce predicted probabilities of searches based on these data and this model. Table 23 presents predicated probabilities of searches for male and female drivers of different races and age categories. The probabilities were calculated for stops involving a Non-Hispanic White male police officer, in the daytime, on an interstate, with one (non-serious) violation. For example, among 18-year old male drivers, Non-Hispanic Whites have a probability of . 008 of being subjected to a low discretion search and a .004 probability of being subjected to a high discretion search; African Americans have a probability of .012 of being subjected to a low discretion search, and a .006 probability of being subjected to a high discretion search; Hispanics have a probability of .011 of being subjected to a low discretion search, and a .007 probability of being subjected to a high discretion search; Native Americans have a probability of .031 of being subjected to a low discretion search, and they have a .016 probability of being subjected to a high discretion search; Asians/pacific islanders have a probability of .006 of being subjected to a low discretion search, and a .0025 probability of being subjected to a high discretion search; and East Indians have a probability of .001 of being subjected to a low discretion search and a .001 probability of being subjected to a high discretion search. Within each racial group, the probabilities of females being searches are lower than that of males, and 50-year olds are less likely to be searched than 18-year olds. (Table 22 on next page) 41 Table 22: Predicted Probabilities of Searches* From all observations, Nov. 2005-Sept. 2006 No Search Age: Low Discretionary Search High Discretionary Search 18 50 18 50 18 50 Male White .988 .996 .008 .003 .004 .001 Black .982 .993 .012 .005 .006 .0015 Hispanic .982 .994 .011 .005 .007 .0016 Native American .953 .982 .031 .014 .016 .004 Asian .991 .997 .006 .003 .0025 .001 East Indian .997 .999 .001 .001 .001 .0003 Female White .992 .997 .006 .003 .002 .0004 Black .987 .995 .010 .004 .003 .0007 Hispanic .988 .995 .009 .004 .003 .0007 Native American .966 .987 .026 .011 .008 .002 Asian .994 .998 .005 .002 .001 .0003 East Indian .998 .999 .001 .0004 .0006 .0001 *Predicted probabilities were calculated for stops involving a white male police officer, in the daytime, on an interstate, with one (non-serious) violation. 42 To summarize the findings reported here, they are remarkably consistent with the results of our analysis of searches using the 2003-2004 data in our previous report to the Washington State Patrol. Among other things, this consistency in findings indicates that there has not been any noteworthy “de-policing” as a result of the WSU research team’s ongoing monitoring of WSP traffic stop data and earlier findings of disparities among the search rates of different races. The behavior of the WSP in conducting searches appears to have been essentially the same in 2006 as it was in the 2003-2004 period analyzed in previous reports to the WSP. There remains a correlation between the race of the driver and the likelihood of a search; in particular, Native Americans remain the most likely racial group to be subjected to either a low or a high discretion search, and African Americans and Hispanics are slightly more likely to be searched than are Non-Hispanic Whites. Asians/pacific islanders and East Indians are less likely to be searched than NonHispanic White, African American, Native American or Hispanic drivers. As we concluded in earlier reports, however, we find no evidence that these disparities at the bivariate level are the result of intentional or purposeful discrimination, and thus we find no evidence of intentional “racial profiling” (evidence of purposeful or intentional discrimination is generally the first step required by the federal courts when attempting to prove racial discrimination under the Equal Protection clause of the Fourteenth Amendment of the U.S. Constitution). We come to this conclusion by comparing the likelihoods of high discretion searches to low discretion searches, which suggest that officers do not act differently based on race when they have higher levels of discretion. Moreover, the multivariate analysis results indicate that while race is correlated with the both low and high discretion searches, there are multiple factors at 43 play in what is most certainly a complex event. The predicted probabilities reported in Table 23 indicate that of the driver characteristics, age and sex may have as important an impact on the likelihood. For instance, a Non-Hispanic White, 18-year old male has a probability of .004 of being subjected to a high discretion search while an 18-year old Hispanic female has a probability of .003, and a 50-year old African American or Hispanic female has a probability .0007 of being subjected to a high discretion search. Moreover, the hit rate analyses reported indicate that at least for Non-Hispanic Whites, African Americans, Hispanics and Native Americans, the WSP achieves fairly efficient policing. In fact, the hit rates for Non-Hispanic Whites, African Americans and Native Americans are exactly the same for low discretion searches. The low hit rates for Asians/pacific islanders and East Indians suggest that perhaps members of those groups are being searched at too high of rates to achieve what is commonly regarded in law enforcement management as “efficient policing.” These results are consistent with our earlier analysis, and are also consistent with findings based on both quantitative and qualitative data. Although we find no evidence of intentional discrimination or bad purpose, there remains a statistical disparity at the bivariate level of analysis in the proportion of Native Americans, blacks and Hispanics who are searched compared to whites (and of course a disparity that favors Asians/pacific islanders and East Indians). We have been unable to determine what might explain these disparities given the lack of any official WSP policy to target minority drivers or other evidence of intentional discrimination or bad purpose. We continue to believe that at least some of the disparity must be related to circumstances or events that occur before the search and that are not, and perhaps cannot be, captured by 44 these quantitative data. Because a majority of searches conducted are search incident to arrest, the events that lead to the arrest might hold the key for at least part of the explanation. In any event, the WSP may want to consider the matter further in order to determine what may be the underlying cause of these disparities short of intentional discrimination. The Analysis of Use of Force for Evidence of Biased Policing Introduction For the first time over the five-year course research being done by researchers in the Division of Governmental Studies and Services at Washington State University racially-coded data on use of force was available for analysis with respect to biased policing outcomes. Such data were made available for analysis for part of 2005, and very importantly enhanced data for 2006-2007 – digital records which contain far more information and more richly detailed accounts of uses of force associated with the threat of use of tasers – permits an excellent preliminary analysis of patterns of use of force to be presented in this report. During the Spring of 2007 one of the members of the WSU DGSS research team was permitted to inspect five case folders (selected at random among those with both minority and non-minority subjects) from which the data being analyzed are extracted. This review of the original document file for each of the five cases indicated that all of the informational elements found in the digital data given to the WSU researchers were accurate representations of the original document files in question. 45 As with the other sections of this project final report, a major effort was extended by the Washington State University research team to collect and organize as much data as possible in the quite limited timeframe of the NHTSA grant, and then submit preliminary findings in an end-of-project report with additional analyses being submitted as Addenda at some later date. More detailed analysis of the use of force data – particularly with respect to the effects associated with the adoption of tasers as a form of non-lethal intermediate element of force – will be presented in the form of an addendum to this report. The 2005 Use of Force Data The 2005 use of force data provide a useful, but rather limited range of potential for analysis. These data feature information on only the highest level of force employed, and as a consequence of this limited amount of information on the use of force incident the range of analyses possible is very limited. Insofar as some analysis can be done with the 2005 data (number of cases =270, for the period 01/05-12/05) it is apparent that there was no relationship between likelihood of experiencing more severity of force application and the race/ethnicity of the suspect when only the most severe tool or method of controlling behavior by the officer is recorded for our analysis. Using the WSP use of force data provided for 2005, across the 270 incidents of use of force for which digital records are available for analysis after appropriate coding for the race/ethnicity of the subjects and officers involved there was no relationship between race/ethnicity and level of severity of force employed as a last resort by the WSP officer. The following results can be presented in this regard for this report: 46 Severity of Force Non-Minority Minority Low Level of Force 0 1 (0.00%) (Verbal command) Moderate Level of Force 91 (55.15%) (OC/Chemical, Personal Weapon, Flashlight, (1.52%) 34 (51.52%) PR-24, Escorts, Counterpoint, Taser, Asp) Intermediate Level of Force 71 (43.03%) (Hair hold, Total Limb Control, Take Down) High Level of Force (Lethal) 3 (1.82%) (Shotgun/rifle, Vehicle, Handgun) 29 (43.94%) 2 (3.03%) While these results are likely rather reassuring to the WSP administrative team and Troopers alike, it needs to be pointed out that the limited nature of the 2005 data collected for monitoring and subsequent analysis greatly limits the depth of analysis that can be accomplished. The 2006-7 Use of Force Data The data collected on use of force since the beginning of 2006, after the deployment of the taser as a major non-lethal tool of intermediate force, is much richer in detail and more fully presents the context within which the officers’ use of force decisions can be analyzed. Because of this richness and level of contextual detail on officer actions and suspect behaviors, it is possible to come close to a replication of research done on use of force by respected Criminal Justice researchers who have studied this phenomenon carefully and commonly use a proportionality test to indicate the presence or absence of correspondence between a suspect’s behaviors and an officer’s use of force response. 47 Such a test permits an evaluator to determine the proportion of cases of use of force when there is appropriate proportionality between suspect behavior (e.g., passive resistance, active resistance, treat of use of weapon, actual use of weapon, etc.) and officer reaction (e.g., verbal command, OC spray, take down, display of weapon, etc.), and the proportion of cases wherein there is EITHER less than and more than a proportionate use of force response. In such an analysis, if the percentage of minorities and non-minorities present in either case of “disproportionality” is large, it may be the case that biased policing outcomes are in evidence. For example, if cases of less than proportionate force being used feature higher percentages of non-minorities than minorities, biased policing may be present. Similarly, if cases of more than proportionate force being used feature higher percentages of minorities than non-minorities, biased policing may be present. The categories of use of force by the officer taken from the official use of force records are arranged in ascending order of potential harm thusly, in accord with the research literature in this area: Verbal command or threat: Verbal Command, Handcuff only Taser Display or deploy as treat of use Restraint and control: Hair Hold, OC/Chemical Pain compliance/takedown: Escorts, Counterpoint, Total Limb Control, Take Down Intermediate Weapons: Personal Weapon, Flashlight, PR-24, Taser apply Deadly force: Shotgun/Rifle, Vehicle, Handgun The categories of arrestee conduct recorded in the use of force records are arranged in ascending order of resistance/non-compliance as follows: Complaining but compliant, passive resistance, active resistance, assaulting behavior, life-threatening behavior, possession of knife, possession/use of a firearm. The following distribution of cases indicates a high degree of proportionality [shaded cases] (78.1%). 48 Most Harmful force Subject Highest Level of Action Verbal command or threat Taser Display or deploy Restraint and control Pain compliance/ takedown Intermediate Weapons Deadly force 8 1 1 2 0 0 12 Total Complain Passive Resistance Active Resistance Assaulting Behavior Life Threatening 6 49 4 18 0 0 77 13 89 17 113 4 5 241 6 27 9 67 4 0 113 0 2 0 2 0 0 4 Had a Knife 0 2 0 2 0 0 4 Used or had a Gun 0 2 2 1 3 6 14 Total 33 172 33 205 11 11 465 It is reassuring that the percentage of cases falling in the appropriate use of force given the conduct of the arrestee, the important question to be addressed vis-à-vis racial profiling or biased policing concerns is the ethnic/racial breakdown within the “less force,” “commensurate force,” and “more force” categories. The following table sets forth findings from the 2006-2007 WSP use of force dataset. Force Factor Score Less force Commensurate force More force Total Non-minority Minority X2 Total 41 14.00% 27 15.60% 68 14.60% 231 79.10% 132 76.30% 363 78.10% 20 6.80% 14 8.10% 34 7.30% 292 100% 173 100% 465 100% .522(2) Chi Square = .522 (2 degrees of freedom). Impact of minority/non-minority distinction is NOT statistically significant In the area of use of force, there is no evidence of systematic bias in the application force vis-à-vis racial/ethnic minorities. Our preliminary analysis revealed that the introduction 49 of the taser into the use of force situation has occasioned some dramatic shifts in the frequency of use of some tools of control (e.g., OC spray). In our follow-up analyses to be submitted as an addendum to this final report we will perform a detailed analysis of these effects. The final section of this report moves back to a fundamental question we addressed at the outset – namely, the question of the most appropriate “denominator” for assessing the presence of racial profiling. For the analysis of traffic stops, citations and searches we have used four different estimators of the denominator in an attempt to present as clear a picture as possible of the possible presence of biased policing. The final section of this report sets forth a test of the proposition that one of these four estimators is likely a very close surrogate measure of the composition of the driving public on a particular roadway as validated in an observational study. Preliminary Results of the Use of Observational Studies for Denominator Assessment 50 Introduction: The Search for a Reliable Denominator A major issue for the assessment of the presence or absence of biased policing relates to the question of the proper “denominator” to be used against which to compare rates of stops, citations, and searches in any geographic area. Oftentimes the most readily accessible data derived from the U.S. Census or from state-level estimated demographics such as the OFM in Washington have little if any relevance for determining the proportion of population of varying racial and ethnic backgrounds that might be present on roadways of interest. The highways and/or roads in question in many cases serve as pass-through lanes of travel for motorists who do not resemble the resident population of the area of concern. Consequently, a great deal of effort has been expended in recent years by a number of scholars working in this area of research to make the argument that only through direct field observation by two or more coders recording the racial and ethnic composition of drivers on a particular roadway is it possible to establish an accurate denominator estimate {Lamberth, John (1996), Revised Statistical Analysis of the Incidence of Police Stops and Arrests of Black Drivers/Travelers on the New Jersey Turnpike between Interchanges 1 and 3 from the Years 1988 through 1991. Report of defendant’s expert in State v. Pedro Soto, 734 A2d 350 [N.J. Super. Ct. Law. Div. 1996]}. Given the great expense associated with this difficult process of field observation, some scholars have suggested that ACCIDENTS coded for race and ethnicity are an acceptable accurate substitute for field observation-based studies {Smith, Michael R. and Geoffrey P. Alpert (2003), “Searching for Direction: Courts, Social Science, and the Adjudication 51 of Racial Profiling Claims,” Justice Quarterly 19: 673-703 and Smith, Michael R. (2000), The Traffic Stop Practices of the Richmond, Virginia Police Department: Final Report}. In this regard, it is argued that accidents are principally a random event, and hence should affect all drivers relatively equally. It is the question of the reliability of racially-coded accident data that is the subject of study in this aspect of the NHTSAfunded research carried out by the research team from the WSU Division of Governmental Studies and Services. Observation Studies Conducted with the Aid of Digital Photography In previous research involving the systematic field observation of driver characteristics a substantial number of observers working in teams and working multiple shifts labored to collect observations and code those observations as they occurred. The only formal record of that work, unfortunately, is the paper record prepared by each coder, with a subsequent comparison of coder paper records being used to establish a level of inter-coder reliability for the observations in question. Given the extremely high personnel costs associated with this type of work, the norm is for only two coders to be used on an observation (see: Steven K. Smith, Carol J. DeFrances and Carolyn C. Williams, Assessing Measurement Techniques for Identifying Race, Ethnicity, and Gender: Observation-Based Data Collection in Airports and at Immigration Checkpoints. Washington, DC: U.S. Department of Justice, Bureau of Justice Statistics, Jan. 2003) The WSU Division of Governmental Studies and Services team attempted to raise the standard for field observation research of this type by securing digital photography 52 equipment and associated computer hardware and software that would permit the accomplishment of these very important enhancements over previous work in this area:  Collecting large numbers of facial images of drivers  Using random selection of images to ensure unbiased choice of observations  Collecting data that constitute a record of observation which is permanent and subject to re-analysis and replication by any interested party  Using multiple coders of diverse racial and ethnic backgrounds for the coding of facial images  Collecting data in multiple locations (South King Co., Spokane, and Yakima Valley) varying markedly in racial and ethnic composition The availability of moderately-priced high speed cameras and high resolution lenses which can be connected to computers to store large quantities of roadway digital images made it possible test a new method of conducting field observations for this study. In three diverse locations across the state the local WSP district office provided on-site assistance in identifying safe and strategically positioned observational sites from which a DGSS field observation team could collect facial images of vehicle operators in each location. The WSP provided agency vans that could be adapted for the purpose of providing an appropriate platform for the camera, computer equipment, and equipment operators (two persons) needed for the collection of large numbers of on-site photographically documented observations. With the technical assistance of subcontractor Norman McDonald, an Information Technology and Photographic Technology specialist, we were able to secure the use of the necessary camera and computer hardware and software and receive training for DGSS 53 researchers to collect driver facial images in our primary area of interest where our previous research lead us to endeavor to “drill down” into traffic stop phenomena in this area of the state – namely, the South King County area (APA 6) featuring a heavily traveled route [Highway 99] just north of the Seattle/Tacoma International Airport (SEATAC) where a highly diverse local population resides and much of the traffic on the roadway is composed of racially and ethnically diverse persons. Having an accurate denominator for assessing traffic stop data in this APA was essential to our “drill down” work. As it turned out, the photographic equipment and computer software needed for extracting and enlarging facial images from full intersection time-lapse images worked even better than expected (i.e., yielded a rich number of useable facial images for coding), and it was possible to increase the number of observation sites from the single site in western Washington to two additional sites in eastern and central Washington to test out the reliability of this method of research in both urban and rural settings. Comparison of Observational Results with Accident Records on US 99 (APA 6) The original purpose of conducting the observational study in APA 6 was to determine as best as possible what the actual racial and ethnic make-up of the driving public is on that highly traveled roadway. Since the incidence of traffic accidents on that road provides a substantial record against which the observational data could be compared, this location was our original choice for conducting an observational study. It became apparent once in the field that the “bugs” in the new equipment and the learning curve associated with using a new method of observation we anticipated with a first-time use of an untried approach to data collection did not arise as feared. Given this good fortune, it became possible to both code a large number of images on computer screens in 54 Pullman using multiple coders AND replicate the use of the same method of digital data collection in two additional research settings. Those two additional replications of the use of the method, and the results obtained from those efforts, are described below in the next section of this report. At this point it suffices to note that these two additional tests of the digital photography field observation method add further to our confidence in this approach to denominator estimation research. The following summary statistics were derived from WSP traffic stop data for the period November 1, 2005 through September 30, 2006, and reflect a total of 4,052 traffic accidents to which the WSP responded in APA 6 in that period. Of those accidents, a total of 3,019 featured racial/ethnic coding information. Number Percentage Non-Minority Drivers 1,991 65.9% Minority Drivers 1,028 34.1% The comparable figures, derived from field observation digital photographs collected on US Highway 99 in the Spring of 2007 (April 11-13) and coded by five racially and ethnically diverse coders – one Native American, two blacks, two Anglos (three males and two females) – represent a preliminary test of the utility of the foregoing accidentbased estimates of a denominator for APA 6. The figures reported here represent those cases in which 4 out of 5 coders agree on the minority/non-minority coding of a digital facial image [456 images of 692 coded (67%)] selected at random from the 6,198 intersection images recorded on US Highway 99 at the municipal boundary for Tukwilla. Number Percentage Non-Minority Drivers 305 66.9% Minority Drivers 151 33.1% 55 As can be seen from the comparison of the two sets of figures, the estimation of rates of minority and non-minority drivers from accidents would seen to be quite warranted. The findings from the accident records and the results of the observational study are very nearly identical. It is highly unlikely that such a close match in the results of the two independent measures of the “denominator” would coincide so closely by chance. Furthermore, a review of the preliminary analysis of findings from a replication of the digital photography-based observational study process in the Spokane area would seem to add further to the conclusion that accident rate data are likely to be a reliable surrogate measure for the racial/ethnic composition of the driver population on a high volume roadway. Preliminary Results for Spokane In the Spokane area the Spokane Police Department has been collecting accident data coded for race and ethnicity since January of 2005, and those data are sent to DGSS on a monthly basis for the compilation of a database to be used to compare against traffic stop data being collected in mobile data terminals being installed in the agency’s patrol vehicles. As of 01/01/05, a total of 1,594 traffic accidents have been coded with racial/ethnicity information, with 183 of those accidents occurring on Division Street (a major North-South thoroughfare), all involving two drivers (n=366) and each driver being coded for race, gender and ethnicity. The comparable figures for the Spokane replication of the Seattle-area study are as follows: Spokane PD Records for Division Number Non-Minority Drivers 351 56 Percentage 95.9% Minority Drivers 15 4.1 % Spokane Digital Photography Observational Study (Summer 2007) Number Percentage Non-Minority Drivers 443 97.1% Minority Drivers 13 2.9% This preliminary analysis of data collected in Spokane (4,658 intersection images from time-lapse setting; 541 facial images “harvested” at random from those images collected May 29-31, 2007) was conducted with four coders of diverse ethnic and racial background. In all cases wherein three out of the four coders agree on minority/nonminority category assignment with a high rating of image clarity and high level of confidence in judgment (n=456), it is evident that racially and ethnically coded accident data are very likely an excellent source of information for the estimation of denominators for assessing racial profiling phenomena. Of course, these findings are best considered preliminary; both more coding work and more thoroughgoing analytical work will be done to prepare an Addendum to this report on the use of accidents for denominator estimation at a near future date. Yakima Valley Replication Both the “Westside” (high-concentration minority population area) and “Eastside” (low rate of minority population) locations involved URBAN settings with large, multilane intersections featuring high volumes of traffic being available for setting up strategic observation sites. Our interest in racial profiling phenomena is not restricted to urban areas, however, and it is very important to know whether the digital photograph 57 observation methodology can be employed in rural settings as well where moving vehicles are the subjects of study. In accord with this need to “test the limits” of the digital photography observation methodology with moving vehicles we solicited and received support from the Union Gap office of the WSP to collect moving vehicle observation data on US Highway 82. This is a heavily traveled roadway where WSP records indicate a high proportion of Latino drivers being involved in traffic stops, citations, and accidents. Upon preliminary analysis, it is clear that the technology we secured for this type of field observation work DOES WORK with moving traffic in rural areas where manual activation of the shutter release is required. A total of 723 useable facial images were extracted from 2,914 images collected in two days (July 14 and 15, 2007) of field observation of moving vehicles. At this point no coding has been done on these images, but such an analysis will be done and reported in an addendum to this report. Conclusion It has been argued by many law enforcement agencies that the collection of racially coded data on traffic stops is not advisable because the presence or absence of racial profiling can only be established if an accurate “denominator” is available. It is argued further that since the determination of such an accurate denominator requires very expensive observational studies, the desire to collect racial profiling-relevant traffic stop data is severely tempered by the high costs associated with observational studies. Our research, reported at a preliminary stage of analysis, suggests very strongly that two facts need to be taken into consideration on the question of the advisability of collecting racially coded traffic stop data: 58 1. The cost of observational studies can be greatly reduced and methodologically enhanced by using digital photography 2. The use of racially-coded accident data as a surrogate denominator is likely an acceptable alternative to the collection of observational where the latter is cost-prohibitive for a police jurisdiction Given the short period of time available for the 2007 study – involving a very large (n=11,000+) multi-wave statewide mail survey, the analysis of 500,000+ traffic stops, and the analysis of use of force data – it was decided that the major effort would be devoted to the collection of as much pertinent data as possible, and the preparation of a set of preliminary findings for the end-of-project report. The findings reported here are, therefore, best considered preliminary and somewhat provisional. Additional work will be undertaken with these data in the months ahead, and Addenda to this section and some of the other sections of the report (e.g., use of force and taser implementation) will be submitted to the WSP as they are developed. 59