41H-Racial and Gender Profiling 2019

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41H-Racial and Gender Profiling Policy & Procedure Page 2 of 4 • Continuing our commitment to community policing and problem solving, including vigorous, lawful and nondiscriminatory traffic enforcement that promotes public safety and strengthens public trust, confidence, and awareness. • Except in “suspect specific incidents,” police employees are prohibited from considering the race, gender, and national or ethnic origin of members of the public in deciding to detain a person or stop a motor vehicle and in deciding upon the scope or substance of any law enforcement action. It is the policy of the Lexington Police Department that: Except in “suspect specific incidents,” police officers shall not consider the race, gender, national or ethnic origin of members of the public in deciding to detain a person or stop a motor vehicle and in deciding upon the scope or substance of any law enforcement action. Comm. V. Mercado, 422 Mass. 367 (1996) states it is permissible to use race as a factor in narrowing the range of suspects when suspect profiling. PROCEDURES A. Definitions 1. Biased Based Policing: The selection of an individual(s) for enforcement action based solely on a trait common to a group. This includes, but is not limited to, race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group, or any other identifiable group.i 2. Racial and Gender Profiling: Chapter 228 of the Acts of 2000 includes the following definition: the practice of detaining or stopping a suspect based on a broad set of criteria which cast suspicion on an entire class of people without any individualized suspicion of the particular person being stopped. 3. Suspect Specific Incident: An incident in which a police department employee is lawfully attempting to detain, apprehend, or otherwise be on the lookout for one or more specific suspects who have been identified or described in part by national or ethnic origin, gender or race. B. Prevention of Bias Based Profiling 1. Practice Prohibited: Biased based policing, including racial or gender profiling, is prohibited. [1.2.9(a)] 2. Training [1.2.9(b)] a. All Department employees engaged in enforcement activities shall receive training in bias based policing.