The purpose of this directive is to establish policy and procedure to unequivocally state that racial and ethnic profiling in law enforcement are totally unacceptable. This directive shall provide guidelines for police officers to prevent such occurrences and to protect our officers when they act within the dictates of the law and policy from unwarranted accusations.
It is the policy of the Port Orange Police Department that enforcement profiling is prohibited in conducting traffic and/or field contacts, asset seizure and forfeiture efforts pursuant to FS 30.15 and 166.0493. (CALEA 1.2.9A)
It is the policy of the Port Orange Police department to conduct patrol operations in a proactive manner, to aggressively investigate suspicious persons and circumstances, and to actively enforce the motor vehicle laws of the State of Florida, while insisting that citizens will only be stopped or detained when there exists reasonable suspicion to believe they have committed, are committing, or are about to commit, an infraction or violation of the law.
It is the policy of this department to provide citizens with the highest degree of law enforcement services, regardless of race, ethnic origin, gender, age, income status, sexual orientation, and religious or political affiliation.
A fundamental right guaranteed by the Constitution of the United States to all who live in this nation is the right to equal protection under the law. Along with this right is the fundamental right to be free from unreasonable searches and seizures by government agencies. Citizens are free to walk and drive our streets, highways, and other public places without police interference so long as they obey the law. They are also entitled to be free from crime, and from the depredations of criminals, and to remain safe from the actions of reckless and careless drivers.
The Port Orange Police Department is charged with protecting these rights, for all, regardless of race, color, ethnicity, gender, sexual orientation, religious or political affiliation, physical handicap, or other belief system.
Because of the nature of their business, law enforcement officers are required to be observant to the identity of unusual occurrences and law violations, and to act upon them. It is this proactive enforcement that keeps our citizens free from crime and the streets and highways they travel upon safe.
This policy is intended to assist the officers of the Port Orange Police Department in accomplishing this mission in a way that respects the dignity of all persons, and yet sends a strong deterrent message to actual and potential violators that, if a law is violated, a police encounter will follow.
Bias based profiling may lead to allegations of violations of the constitutional rights of citizen, the undermining of legitimate law enforcement efforts and claims of civil rights violations. Profiling alienates citizens, fosters distrust, and invites media scrutiny, legislative actions and judicial intervention.
The 'Purpose', 'Policy' and 'Discussion' sections of this policy shall be posted on the Port Orange Police Department web page. Printed copies for the public will be available on request from the Records Section. The site will include instructions on how citizens who feel that a member of this department has violated this policy may file complaint.
Investigation of Complaints
An annual administrative review will be conducted of agency profiling practices and citizen concerns. The review shall be available to the public on the department web page.