Continued Use of Race, Over-Use of Consent Searches Reported

(Austin) Many Texas law enforcement agencies continue to use consent searches inconsistently and inappropriately, according to a report released today by the Texas Criminal Justice Coalition titled Searching for Consent: An Analysis of Racial Profiling Data in Texas. As a result, many Texans, regardless of race, are subjected to over-searching. The report warns that these over-searching policies ultimately diminish public safety, and it urges departments to use more efficient policing practices.



“The over-use and inconsistent use of consent searches in Texas is not just a minority issue or civil rights issue, but also a public safety issue,” said Ana Yáñez-Correa, Executive Director of the Texas Criminal Justice Coalition. “Consent searches divert resources from crime-fighting tasks that improve public safety. Our officers’ time and energy should be spent on productive techniques, not on a hit or miss tactic that is diminishing the community’s faith in law enforcement.”



Report data indicate that 2.3 percent all drivers (103,705) statewide were subjected to consent searches at traffic stops in 2004. The report found that some departments conducted consent searches of all races much more frequently than the statewide average. In addition, departments that consent searched minorities at higher rates also tended to consent search Anglos more often.



“We hope this report can be used as a tool by law enforcement across the state to take a look at their disparities and make policy changes that will improve the way they conduct searches and protect the public,” said Yáñez-Correa.



The Texas Criminal Justice Coalition’s report did reveal some encouraging news. From 2003 to 2004, about half of departments reported that they decreased the size of the racial disparity in consent searches they conducted, according to their own self-reported data.



Nevertheless, the report revealed that consent searches rarely uncover wrongdoing and are more likely to target minorities. Approximately two out of three departments still use race as a factor in conducting consent searches, and Blacks and Latinos continue to be searched more frequently than Anglos.



“If the law is colorblind, then race-based searches need to go,” said Mary Ramos, State Deputy Director for the League of United Latin American Citizens of Texas. “This report shows that Texas still has miles to go before all law enforcement agencies start looking for what’s in the trunk and ...