An analysis of Illinois traffic stop data from 2013
Introduction
Throughout Illinois, there is a dramatic racial disparity in police use of so-called “consent searches” and dog sniff searches during routine traffic stops. This is shown by a decade of government data about consent searches collected and published under the Illinois Traffic Stop Statistical Study Act of 2003 (“Study Act”), and the first two years of such dat
a regarding dog sniff searches.
For example, the recently published 2013 data shows that Illinois State Police (“ISP”) troopers are 2½ times more likely to consent search Hispanic motorists compared to white motorists, but white motorists are 2½ times more likely than Hispanic motorists to be found with contraband during such ISP searches. Likewise, ISP troopers are more than twice as likely to dog sniff Hispanic motorists compared to white motorists, yet white motorists are 64% more likely than Hispanic motorists to be found with contraband during a trooper’s search based on a dog alert. These disparities are a clear sign that the ISP’s threshold to conduct consent searches and dog sniff searches is far lower for Hispanic motorists than for white motorists. Such racial disparate impact against black and Hispanic motorists likewise exists statewide, and in stops by the Chicago Police Department and other local and county police agencies.[1]
This ACLU of Illinois report begins with a brief discussion of the Study Act, upon which this report is based. It then presents findings of substantial and ongoing racial disparate impact in the use of consent searches and dog sniff searches during routine traffic stops.
The Study Act
The Study Act requires all police officers in Illinois to document all of their traffic stops, including motorist race and what happened. It also requires all police agencies in Illinois to report their stops data to the Illinois Department of Transportation (“IDOT”). It then requires IDOT to publish an annual data report. See 625 ILCS 5/11-212. IDOT has published ten years of Study Act data on its website.[2]
The Study Act has twice been expanded to capture new kinds of traffic stop data. In 2006, in response to Study Act data regarding racial disparity in consent searches, it was expanded to require disclosure of whether a consent search yielded contraband, and whether a motorist declined consent to search. See Public Act 94-997. In 2011, in response to Study Act data regarding racial disparity in canine sniffs, it was expanded to document whether a dog sniff occurred, whether a dog alerted, whether a dog alert caused a search by an officer, and whether contraband was discovered. See Public Act 97-0469.[3]
This report begins with the data stated in the Study Act, and makes simple calculations as shown in the attached exhibits.
Findings and discussion
I. Consent searches
A. The inherent hazards of consent searches
A consent search occurs when a police officer asks for a motorists’ permission to search an automobile during a routine traffic stop, whether or not there are any lawful grounds for the search, simply based on an officer’s “hunch” that the motorist is carrying contraband. Consent searches inherently raise three serious civil rights and civil liberties concerns.
First, in many cases, the motorist’s supposed “consent” to search is not truly voluntary. Consent is often granted on an isolated roadside in a one-on-one encounter with an armed law enforcement official. This setting is inherently coercive. Many civilians believe they must grant consent. Other civilians fear the consequences of refusing to grant consent, such as the issuance of extra traffic citations, or the delay caused by further interrogation or bringing a drug-sniffing dog to the scene. Thus, the overwhelming majority of motorists consent to a search when asked.
Second, once consent is granted, the result is an intrusive and publicly humiliating search of one’s car and/or person. See Terry v. Ohio, 392 U.S. 1, 24-25 (1968) (describing a pat-down frisk of one’s body as a “severe” intrusion, and as “annoying, frightening, and perhaps humiliating”); Florida v. J.L., 529 U.S. 266, 272 (2000) (describing such frisks as “intrusive” and “embarrassing”).
Third, because the decision whether to request consent to search is typically based on the subjective “hunch” of individual police officers, consent searches are inherently susceptible to bias, conscious or otherwise. From a management perspective, consent searches are particularly troublesome. Since they are subjective, they are not subject to meaningful supervisory review.
B. Statewide consent searches
Statewide in 2013, black and Hispanic motorists were nearly twice as likely as white motorists to have their vehicles consent searched during traffic stops. Specifically, black motorists were 95% more likely, and Hispanic motorists were 89% more likely. There are similar disparities every year such data has been collected starting in 2004. See Exh. 3 (analysis of statewide consent search rates).
On the other hand, when police in Illinois performed a consent search in 2013, white motorists were far more likely than minority motorists to be found with contraband. Specifically, white motorists were 49% more likely than black motorists, and 56% more likely than Hispanic motorists. Again, there are similar disparities every year such data has been collected starting in 2004. See Exh. 4 (analysis of statewide consent search hit rates). Such “hit rate” disparities show that “a lower standard of proof was applied to searches of minorities than to searches of Caucasians.” See Police Executive Research Forum, By the numbers: A guide for analyzing race data from vehicle stops (2004) at p. 274 (“PERF manual”).[4]
C. ISP consent searches
In 2013, the ISP conducted 2,124 consent searches. This was more than any other police agency in Illinois, and 9% of all consent searches performed in the state. See Exh. 5 (analysis of ISP consent search rates); Exh. 3 (analysis of statewide consent search rates); Exh. 1 (IDOT report of 2013 Study Act data) at p. 11.
Hispanic motorists were 2.49 times more likely than white motorists to have their vehicles consent searched during traffic stops by ISP troopers. But white motorists were 2.48 times more likely than Hispanic motorists to be found with contraband during such searches. There are similar disparities every year such data has been collected starting in 2004. See Exh. 5 (analysis of ISP consent search rates); Exh. 6 (analysis of ISP consent search hit rates).
D. CPD consents searches
In 2013, the CPD conducted 1,390 consent searches. Other than the ISP, this was more than any other police agency in Illinois. See Exh. 7 (analysis of CPD consent search rates); Exh. 1 (IDOT report of 2013 Study Act data) at p. 11.
Black and Hispanic motorists were more than four times more likely than white motorists to have their vehicles consent searched during traffic stops by the CPD in 2013. Specifically, black motorists were 4.74 times more likely, and Hispanic motorists were 4.09 times more likely. There are similar disparities every year such data has been collected starting in 2004. See Exh. 7 (analysis of CPD consent search rates).
On the other hand, when CPD officers performed a consent search in 2013, white motorists were far more likely than minority motorists to be found with contraband. Specifically, white motorists were 2.1 times more likely than black motorists, and 1.86 times more likely than Hispanic motorists. Again, there are similar disparities every year such data has been collected starting in 2004. See Exh. 8 (analysis of CPD consent search hit rates).
E. Consent searches by other police agencies
Eleven of the nearly 1,000 police agencies in Illinois conducted more than one-third of all the state’s consent searches in 2013. After the ISP and the CPD, the following nine agencies conducted the most consent searches: Aurora (1,157), Springfield (896), McHenry County (596), Lake County (419), Grundy County (410), Rockford (408), Jacksonville (388), Posen (383), and Belleville (358). Exh. 1 (IDOT report of 2013 Study Act data) at p. 11. Racial disparity resulted from the consent searches by many of these police agencies in Illinois. For example:
Aurora. Black and Hispanic motorists were far more likely than white motorists to be consent searched (2.36 and 1.63 times more often), and white motorists were far more likely than black and Hispanic motorists to be found with contraband (30% and 46% more). See Exh. 9 (analysis of Aurora consent search rates); Exh. 10 (analysis of Aurora consent search hit rates). Aurora is the second-most populous city in Illinois, with 200,000 people.
Springfield. Black motorists were 3.4 times more likely than white motorists to be consent searched, and white motorists were 89% more likely than black motorists to be found with contraband. See Exh. 11 (analysis of Springfield consent search rates); Exh. 12 (analysis of Springfield consent search hit rates). Springfield is the sixth-most populous city in Illinois, with 117,000 people.
Lake County. Hispanic motorists were twice as likely as white motorists to be consent searched, and white motorists were 40% more likely than Hispanic motorists to be found with contraband. See Exh. 13 (analysis of Lake County consent search rates); Exh. 14 (analysis of Lake County consent search hit rates). Lake County is the third-most populous county in Illinois, with 700,000 people.
Rockford. Black motorists were 69% more likely than white motorists to be consent searched, and white motorists were 67% more likely than black motorists to be found with contraband. See Exh. 15 (analysis of Rockford consent search rates); Exh. 16 (analysis of Rockford consent search hit rates). Rockford is the third-most populous city in Illinois, with 150,000 people.
F. The solution: ban consent searches
Consent searches should be prohibited. The General Assembly should enact legislation banning the practice statewide. Policymakers for individual police agencies should prohibit the practice, too. Consent searches are coercive and invasive of the privacy of motorists of all races. Moreover, consent searches will always cause racial disparity, given the very high level of officer subjectivity in deciding when to request consent, and the very high frequency that civilians grant consent.
II. Dog sniff searches
A. The inherent hazards of dog sniff searches
A dog sniff search occurs when a police officer directs a police dog to sniff a vehicle for drugs during a routine traffic stops, simply based on an officer’s “hunch” that the motorist is carrying drugs. A dog alert ordinarily provides a lawful basis for police officers to manually search the interior of the vehicle. Dog sniff searches inherently raise three serious civil rights and civil liberties concerns.
First, dog sniffs are menacing, especially for minority motorists, in light of historical abuses committed with police dogs. Dog sniffs also are humiliating, taking place in full view of passing motorists, friends and strangers alike, many of whom probably conclude that the people subjected to dog sniffs must be guilty of something. Full car searches based on false dog alerts are even more frightening and embarrassing.
Second, dog sniffs are all too frequently unreliable. As shown below, dog alerts are wrong as often as they are right. Thousands of innocent motorists are subjected to lengthy, invasive, and humiliating vehicle searches by police officers as a result of erroneous dog alerts.
Third, there is a substantial racial disparity in erroneous dog alerts, as shown below. Perhaps this is the “Clever Hans Effect,” named for the horse widely believed to be capable of arithmetic, but actually capable only of reading the unintentional emotional reactions of his human audiences while he slowly stamped his hoof. See “Clever hounds,” The Economist (Feb. 15, 2011).[5]
B. Statewide dog sniff searches
Statewide in 2013, no contraband was found during 40% of the officer searches performed in response to a dog alert. Stated differently, false alerts by police dogs caused police officers to manually search the vehicles of 1,715 innocent motorists. See Exh. 17 (analysis of statewide dog sniff hit rates).
There was also a statewide racial disparity in 2013. Black motorists were 55% more likely than white motorists to be subjected to a dog sniff. Yet white motorists were 14% more likely than black motorists to be found with contraband during officer searches performed in response to a dog alert. See Exh. 18 (analysis of statewide dog sniff rates); Exh. 17 (analysis of statewide dog sniff hit rates).
C. ISP dog sniff searches
In 2013, no contraband was found during 50% of the trooper searches performed in response to the alert of an ISP dog. Thus, 381 innocent motorists were subjected to a full search of their cars by ISP troopers because ISP dogs were wrong as often as they were right. See Exh. 19 (analysis of ISP dog sniff hit rates).
Even worse is the racial disparity. Hispanic motorists were 2.16 times more likely than white motorists to be subjected to a dog sniff search by ISP troopers in 2013. Yet white motorists were 64% more likely than Hispanic motorists to be found with contraband during a trooper search prompted by the alert of an ISP dog. Stated differently, while white motorists had contraband more than one-half of the time (53%), Hispanic motorists had contraband only one-third of the time (33%). This ISP racial disparity was similar in 2012. See Exh. 20 (analysis of ISP dog sniff rates); Exh. 19 (analysis of ISP dog sniff hit rates).
D. The solution: limit and regulate dog sniff searches
Given the foregoing problems, the ACLU of Illinois recommends three changes regarding dog sniff searches for drugs during routine traffic stops.
First, police officers should be required to have reasonable suspicion of criminal activity before subjecting motorists to a dog sniff for drugs. While the Illinois Supreme Court held that this standard was required by the U.S. Constitution, the U.S. Supreme Court subsequently reversed and held it was not, and then the Illinois Supreme Court held it was also not required by the Illinois Constitution.[6] The dissents of U.S. Supreme Court Justices Souter and Ginsburg emphasized the fallibility of drug sniffing dogs, and the fact that that dog sniffs make a traffic stop lengthier and more embarrassing, intimidating, and adversarial.[7] In 2005, legislation to mandate this standard (H.B. 1557) was sponsored by most members of the Illinois House Black Caucus. Without this more objective standard, too many police officers use hunches to decide which cars to sniff, and those hunches inevitably cause racial disparate impact.
Second, police agencies should annually use the Study Act data to identify dogs with unusually high false positives. Such dogs might need further training, or retirement. Information about this dog-by-dog review process should be monitored by a statewide regulatory body, and should be made publicly available.
Third, training of dogs and handlers should be improved. In response to a 2011 study showing racial disparity in dog sniff searches,[8] new Illinois legislation mandated that all state and local police dogs must be trained by programs that meet the minimum certification requirements set by the Illinois Law Enforcement Training Standards Board. See Public Act 97-469, codified at 50 ILCS 705/10.12. The troubling 2013 data – including both the high rate of false positives and the substantial racial disparate impact – show that more needs to be done to improve this training.
[1] While this report focuses on consent searches and dog sniff searches, many police agencies in Illinois also have racial disparities in the initial decisions to commence traffic stops. Statewide in 2013, minority motorists were stopped 22% more frequently than expected based on the minority driver benchmarks established by the statistical consultant retained by the Illinois Department of Transportation (“IDOT”). Nearly 120 Illinois police agencies, comprising 13% of all such agencies, stopped minority drivers at least twice as frequently as expected based on their respective IDOT benchmarks. See Exh. 1 (IDOT report of 2013 Study Act data) at pp. 4-5. Moreover, there was a statewide racial disparity in the duration of traffic stops in 2013: the mean durations are 11 minutes for white drivers, 12 minutes for black drivers, and 13 minutes for Hispanic drivers. See Exh. 2 (IDOT data sheet for all of Illinois in 2013).
[2] See http://www.idot.illinois.gov/transportation-system/local-transportation-partners/law-enforcement/illinois-traffic-stop-study.
[3] For all its strengths, the Study Act should be improved in two ways. First, it should be made permanent. Under a necessary four-year extension enacted earlier this year, the Study Act is now scheduled to sunset in July 2019. See Public Act 98-686. Second, the Study Act should be expanded to cover sidewalk stops as well as traffic stops.
[4] See http://www.policeforum.org/assets/docs/Free_Online_Documents/Racially-Biased_Policing/by%20the%20numbers%20-%20a%20guide%20for%20analyzing%20race%20data%20from%20vehicle%20stops%202004.pdf.
[5] See http://www.economist.com/blogs/babbage/2011/02/animal_behaviour/print.
[6] People v. Caballes, 207 Ill. 2d 504 (2003); Illinois v. Caballes, 541 U.S. 972 (2004); People v. Caballes, 221 Ill. 2d 282 (2006).
[7] 541 U.S. at 411-13 (Souter, J., dissenting); id. at 421-22 (Ginsburg, J., dissenting). See also http://www.aclu.org/files/FilesPDFs/caballes.pdf (the ACLU amicus brief before the U.S. Supreme Court in Caballes, making similar arguments).
[8] See http://articles.chicagotribune.com/2011-01-06/news/ct-met-canine-officers-20110105_1_drug-sniffing-dogs-alex-rothacker-drug-dog.
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Traffic stop data shows persistent patterns of racial bias, according to new report
New Data Shows Racial Bias in Police Consent Searches
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In 2013, the CPD conducted 100,676 traffic stops. See Exh. 1. The American Civil Liberties Union of Illinois analyzed the underlying IDOT data regarding these stops. We found significant racial disparities in traffic stops, both City-wide and in the police districts that contain the fewest minority residents. We also found significant racial disparities in four kinds of searches conducted during these traffic stops. Specifically, we found:
1. Racial disparities in traffic stops.
- City-wide. The rate of black drivers in the stops (46%) is far higher than the rate of black residents in the city population (32%). See Exh. 2. White and Hispanic drivers are stopped at rates lower than their population.
- In higher-white police districts. In the five police districts where whites are a majority of the resident population, minority motorists are significantly over-stopped. As expressed in ratios of stop rates to population rates, black motorists are over-stopped by ratios ranging from 1.7 to 7.5, and Hispanic motorists are over-stopped by ratios ranging from 1.1 to 2.3. For example, in District #18 (Near North), where the resident population is 76% white, blacks are 9% of the residents and 19% of the traffic stops (yielding an over-stop ratio of 2.1), and Hispanics are 5% of the population and 11% of the stops (yielding an over-stop ratio of 2.3). See Exh. 2. [1]
2. Racial disparities in four kinds of searches during traffic stops
- Searches of vehicles by consent (1,390 times). CPD was over four times more likely to search black and Hispanic motorists, compared to white motorists (4.74 and 4.09 times). See Exh. 3. CPD was about twice as likely to find contraband when they searched white motorists, compared to black and Hispanic motorists (2.1 and 1.86 times). See Exh. 4. (The points in this paragraph were part of the ACLU’s August 2014 published report about consent searches of cars throughout Illinois.)
- Searches of vehicles by non-consent (2,421 times). CPD was far more likely to search black and Hispanic motorists compared to white motorists (3.42 and 4.82 times). See Exh. 6. CPD was far more likely to find contraband when they searched white motorists, compared to black and Hispanic motorists (1.76 and 1.51 times). See Exh. 7.
- Searches of drivers by consent (1,597 times). CPD was far more likely to search black and Hispanic drivers compared to white motorists (4.9 and 4.46 times). See Exh. 8. White motorists were slightly less likely than black motorists to be caught with contraband (0.94 times), and were more likely than Hispanic motorists to be caught with contraband (1.34). See Exh. 9.
- Searches of drivers by non-consent (2,668 times). CPD was far more likely to search black and Hispanic motorists compared to white motorists (3.72 and 5.22 times). See Exh. 10. CPD was far more likely to find contraband when they searched white motorists, compared to black and Hispanic motorists (1.65 and 2.70 times). See Exh. 11.
I. Racial disparity in traffic stops
For all analysis of traffic stop rates depending upon the race of the driver, city-wide and by district, see Exh. 2.
A. City-wide
On a City-wide basis, black drivers are over-stopped:
Race |
% pop. |
% stops |
% stops/ % pop. |
White |
31.7% |
27.1% |
0.85 |
Black |
32.4% |
45.9% |
1.42 |
Hispanic |
28.9% |
22.4% |
0.78 |
B. The nine whitest districts
In all nine of the whitest districts (listed below in descending order of whiteness), black drivers are notably over-stopped. The column on the far right (% black stops / % black residents) states the degree of over-stopping, e.g., “2.06” for Near North means that the black stop rate is a little more than double the black population rate. Note that the rate of over-stopping black motorists in these whiter districts (1.52 to 7.46) is substantially higher than the already high rate of over-stopping black motorists on a city-wide basis (1.42). Specifically:
District # |
District name |
% white residents |
% black stop |
% black residents |
% black stop/ % black res |
18 |
Near North |
75.5% |
18.8% |
9.1% |
2.06 |
19 |
Town Hall |
75.0% |
17.0% |
6.6% |
2.58 |
16 |
Jefferson P. |
69.2% |
7.5% |
1.0% |
7.46 |
20 |
Lincoln/Fstr. |
54.1% |
18.6% |
10.9% |
1.71 |
1 |
Central |
52.5% |
38.8% |
21.4% |
1.81 |
24 |
Rogers Park |
42.9% |
27.4% |
18.0% |
1.52 |
14 |
Shakespeare |
42.3% |
14.3% |
6.8% |
2.10 |
12 |
Monroe |
40.5% |
31.8% |
18.0% |
1.77 |
17 |
Albany Park |
38.7% |
7.1% |
3.3% |
2.15 |
Likewise, Hispanics motorists are over-stopped in all five majority white districts, at rates ranging from 1.1 to 2.3.
District # |
District name |
% white residents |
% Hisp stop |
% Hisp residents |
% Hisp stop/ % Hisp res |
18 |
Near North |
75.5% |
11.4% |
5.0% |
2.29 |
19 |
Town Hall |
75.0% |
14.9% |
10.0% |
1.49 |
16 |
Jefferson P. |
69.2% |
31.2% |
22.8% |
1.37 |
20 |
Lincoln/Fstr. |
54.1% |
20.0% |
18.1% |
1.10 |
1 |
Central |
52.5% |
10.0% |
6.0% |
1.66 |
II. Racial disparity in four kinds of searches during traffic stops
A. Overview
In 2013, the CPD reported conducting 9,643 searches during traffic stops. For each search, the CPD data identify what was searched (the car, the driver, or the passenger), and the basis for the search (consent or some other basis). The following chart summarizes the number of searches, by type.
|
By consent |
By other basis |
Total |
Vehicle |
1,390 |
2,421 |
3,811 |
Driver |
1,597 |
2,668 |
4,265 |
Passenger |
682 |
885 |
1,567 |
Total |
3,669 |
5,974 |
9,643 |
In all four kinds of searches analyzed in this report, black and Hispanic motorists were significantly more likely to be searched, and white motorists were significantly more likely than Hispanic motorists to be caught with contraband. In three of four kinds of searches, white motorists were significantly more likely than black motorists to be caught with contraband. In the one exception to this pattern (consent searches of drivers), black motorists were only 6% more likely than white motorists to be caught with contraband. This hit-rate pattern generally holds when the different types and amounts of contraband are disaggregated. [2]
B. Searches of cars by consent
CPD conducted 1,390 consent searches of vehicles in 2013. See Exh. 3. Other than the ISP, the CPD conducted more vehicle consent searches than any other police agency in Illinois. See IDOT 2013 report at p. 11.
Minority motorists were far more likely to be searched. Specifically, black motorists were 4.74 times more likely than white motorists to be searched, and Hispanic motorists were 4.09 times more likely. The pattern for 2013 mirrors earlier years: from 2004 to 2012, minority motorists were three to seven times more likely than white motorists to be searched. See Exh. 3.
White motorists were far more likely to be caught with contraband, taking all forms of contraband as a whole. Specifically, white motorists were 2.1 times more likely than black motorists, and 1.86 times more likely than Hispanic motorists, to be caught with contraband. The hit rates were 12% for black motorists, 13% for Hispanic motorists, and 24% for white motorists. From 2007 to 2012, white drivers also were more likely than minority drivers to be caught with contraband, with just one exception (in 2008 the white/black hit rate disparity was 0.98). See Exh. 4.
When the 179 busts are disaggregated by type and quantity of contraband, the higher white hit rate generally holds. For example, white motorists were more likely to be caught with drugs, including all specific quantities of drugs up to 100 grams. There are a few exceptions to this norm: the only drug bust larger than 100 grams (type and precise amount unreported) involved a black motorist; all seven weapon busts (types unreported) involved black or Hispanic motorists; the only stolen property bust involved a black motorist; and all but one of the 32 alcohol busts involved black or Hispanic motorists. See Exh. 5.
C. Searches of cars by non-consent
CPD conducted 2,421 non-consent searches of vehicles in 2013. Minority motorists were far more likely to be searched. Specifically, black motorists were 3.42 times more likely than white motorists to be searched, and Hispanic motorists were 4.82 times more likely. The search rates were 3.9% for Hispanic motorists, 2.8% for black motorists, and 0.8% for white motorists. See Exh. 6.
White motorists were far more likely to be caught with contraband, taking all forms of contraband as a whole. Specifically, white motorists were 1.76 times more likely than black motorists, and 1.51 times more likely than Hispanic motorists, to be caught with contraband. The hit rates were 17% for black motorists, 20% for Hispanic motorists, and 30% for white motorists. See Exh. 7.
When the 473 busts are disaggregated, the higher white hit rate generally holds. For example, white motorists were more likely than black and Hispanic motorists to be caught with drugs, more than 100 grams of drugs, and weapons. There are a few exceptions to this norm: all four of the drug busts of 51 to 100 grams involved black or Hispanic motorists; the only stolen property bust involved a black motorist; and Hispanic motorists were more likely than white motorists to be caught with alcohol. Id.
D. Searches of drivers by consent
CPD searched 1,597 drivers by consent in 2013. CPD was far more likely to search black and Hispanic motorists compared to white motorists (4.9 and 4.46 times). See Exh. 8.
The hit rates were 4.61% for black motorists, 3.25% for Hispanic motorists, and 4.35% for white motorists. Thus, white motorists were slightly less likely than black motorists to be caught with contraband (0.94 times), and more likely than Hispanic motorists to be caught with contraband (1.34). See Exh. 9. For context, please note: whites were more likely that Hispanics to have contraband in all four types of searches analyzed in this report; whites were more likely to then blacks to have contraband in three of the four types of searches; in consent searches of drivers, blacks were only 6% more likely than whites to have contraband; and when whites were more likely than minorities to have contraband, the differentials were much higher (respectively 34%, 51%, 65%, 76%, 86%, 210%, and 270%).
When the 39 busts are disaggregated, whites are more likely than blacks or Hispanics to have drugs. On the other hand, minorities but not whites were caught a very small number of times with 11 to 50 grams of drugs (3 times), 51 to 100 grams (2 times), paraphernalia (3 times), alcohol (1 time), weapons (1 time), stolen property (1 time), or other contraband (1 time). See Exh. 9.
E. Searches of drivers by non-consent
CPD searched 2,668 drivers by means other than consent in 2013. CPD was far more likely to search black and Hispanic motorists compared to white motorists (3.72 and 5.22 times). See Exh. 10.
White motorists were far more likely to be caught with contraband, taking all forms of contraband as a whole. Specifically, white motorists were 1.65 times more likely than black motorists, and 2.70 times more likely than Hispanic motorists, to be caught with contraband. The hit rates were 6% for black motorists, 4% for Hispanic motorists, and 10% for white motorists. See Exh. 11.
When the 95 busts are disaggregated, the higher white hit rate generally holds. There are a few exceptions: black and/or Hispanic motorists, but not white motorists, were caught a few times with alcohol (4 times), weapons (7 times), stolen property (1 time), or other contraband (4 times). Id.
III. Next steps
This report is only the most recent of many reports showing ongoing racial disparities in encounters between police and members of the general public in Illinois. To begin to remedy this serious problem, the ACLU of Illinois call for the following reforms:
- Make permanent the Illinois Traffic Stop Statistical Study Act. All the traffic stop and search data in this report was collected pursuant to this critical law, which was sponsored in 2003 by then-State Senator Barack Obama. Unfortunately, this law is scheduled to expire in a few years.
- Expand the Study Act to sidewalk stops. CPD sidewalk stop data indicates racial disparity in the use of that police tactic, too.
- Abolish consent searches during routine traffic stops. They have a racially disparate impact, and in many cases are not truly consensual.
- Require all police to wear and use body cameras during their encounters with civilians, subject to necessary privacy safeguards.
- Require all police to issue a receipt (or other documentation) to all civilians they interact with, including during traffic stops, sidewalk stops, and consensual encounters. This receipt should state the officer’s name, the time and place of the encounter, and the reason for the encounter. Such receipts will facilitate any civilian complaints regarding the encounter.
[1] Please note that nearly 10% of all CPD traffic stops in 2013 (9,695 of 100,676) lack a reported district. See Exh. 2.
[2] Please note a few data and methodological points. The CPD data report very few searches in some districts; for example, District #1 (Central), with 3,875 traffic stops in 2013, reports only 12 searches. See Exh. 12. The CPD data do not identify passenger race, so this report does not analyze searches of passengers. The CPD data on contraband do not distinguish driver and passenger searches, so the driver search hit-rate analysis in this report does not include stops where both the driver and a passenger were searched.
Related Links
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PDF files will open in a new window:
- IDOT Data Sheet on All Traffic Stops (Exhibit 1)

- Traffic Stops by Race by District (Exhibit 2)

- Searches of Cars by Consent: Searches Per Stop 2004-2013 (Exhibit 3)

- Searches of Cars by Consent: Contraband Finds Per Search 2007-2013 (Exhibit 4)

- Searches of Cars by Consent: Contraband Finds Per Search, by Type (Exhibit 5)

- Searches of Cars by Non-Consent: Searches Per Stop (Exhibit 6)

- Searches of Cars by Non-Consent: Contraband Finds Per Search, by Type (Exhibit 7)

- Searches of Drivers by Consent: Searches Per Stop (Exhibit 8)

- Searches of Drivers by Consent: Contraband Finds Per Search, by Type (Exhibit 9)

- Searches of Drivers by Non-Consent: Searches Per Stop (Exhibit 10)

- Searches of Drivers by Non-Consent: Contraband Finds Per Search, by Type (Exhibit 11)

- Stops and Searches by District (Exhibit 12)

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[node:title]
Type
Menu parent dynamic listing
Style
Standard with sidebar