“We found evidence that BPD supervisors have explicitly condoned trespassing arrests that do not meet constitutional standards, and evidence suggesting that trespassing enforcement is focused on public housing developments. A shift commander for one of BPD’s districts emailed a template for describing trespassing arrests to a sergeant and a patrol officer. The template provides a blueprint for arresting an individual standing on or near a public housing development who cannot give a ‘valid reason’ for being there—a facially unconstitutional detention. Equally troubling is the fact that the template contains blanks to be filled in for details of the arrest, including the arrest data and location and the suspect’s name and address, but does not include a prompt to fill in the race or gender of the arrestee. Rather, the words “black male” are automatically included in the description of the arrest. The supervisor’s template thus presumes that individuals arrested for trespassing will be African American. …
“One African-American man in his mid-fifties was stopped 30 times in less than four years. The only reasons provided for these stops were officers’ suspicion that the man was ‘loitering’ or ‘trespassing,’ or as part of a ‘CDS investigation.’ On at least 15 occasions, officers detained the man while they checked to see if he had outstanding warrants. Despite these repeated intrusions, none of the 30 stops resulted in a citation or criminal charge.”
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“In addition, BPD’s disproportionate enforcement against African Americans is suggestive of intentional discrimination because the racial disparities are greatest for enforcement activities that involve higher degrees of officer discretion. In the five years of arrest data we reviewed, African Americans accounted for a larger share of charges for highly discretionary misdemeanor offenses than for other offenses, including: 91 percent of those charged solely with trespassing, 91 percent of charges for failing to obey an officer’s orders, 88 percent of those arrested solely for “impeding” and 84 percent of people charged with disorderly conduct. As noted above, booking supervisors and prosecutors dismissed a significantly higher portion of charges made against African Americans for each of these charges. This pattern indicates that, where BPD officers have more discretion to make arrests, they exercise that discretion to arrest African Americans disproportionately. Moreover, the racial disparities in dismissal rates exist only for highly discretionary misdemeanor arrests, not felony arrests. That is, booking officials and prosecutors dismissed charges at nearly identical rates across racial groups for felony charges like first degree assault, burglary, and robbery for which there is little officer discretion about whether to arrest suspects. For every discretionary misdemeanor offense that we examined, however, officials dismissed charges against African Americans at significantly higher rates—indicating that officers apply a lower standard when arresting African Americans for these offenses.
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In one case, police stopped a black man wearing a hoodie in a “high crime area” because he “thought it could be possible that the individual could be out seeking a victim of opportunity.” The incident escalated with police — who had no legal reason to stop the man — beating the man in the face, neck and ribs and deploying a Taser on him twice.
The man was later taken to a hospital, and not charged with any offense. Yet later, the officer’s supervisor determined in a report that the “officers showed great restraint and professionalism.”