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Senior Paper Part2
Senior Paper Part2
Are The Good Guys Actually The Bad Guys? Police Protocol and Traffic Stops
Jewel T. Lee
Abstract
This paper reflects on traffic stops and their procedures, when they go wrong, and how to
fix the issue of traffic stops ending in deaths. I started off by introducing the topic and why its an
issue. I gave a brief history of traffic stops including the very first traffic stop ever recorded. I
provided two reasons that deemed the most important to me on why there is even an issue. This
included: Discrimination and Lack of Respect for Authority. When exploring the topic of
Discrimination I made sure to keep it as unbiased as possible and to not seem one-sided to either
the officers or minorities. I went into detail and included experiments, case studies, and statistics
to back-up my arguments.
Police officers killed 1,129 people in 2017. Sixty four percent, 718, of those deaths were
from a non violent offence: traffic stops (Harriot, 2018). The procedure of a traffic stop is
something that should be common knowledge. Pull off to the side upon seeing those flashing
lights, wait for the police officer to come over, say why they stopped you, ask for your license,
registration, and proof of insurance, he writes you a ticket, and then you both go about your days
("What to Do During," n.d.). This really is a simple process. Why are there so many deaths
stemming from it? Police traffic stops often go wrong due to a variety of reasons which end in
tragedies.
Brief History
Washington D.C is home of the very first modern day traffic stop ever recorded. The
year was 1872 and the suspect was Ulysses S. Grant, the current President of the United States
(Keefe, 2016). At the time, the fine for speeding was a steep twenty dollars, and a friendship
blossomed between the president and the police officer; the same cannot be said today. Today
the fine for an average speeding ticket in Virginia is at most two-hundred and fifty dollars and
has to be paid within forty days of receiving a ticket- contingent upon make it out alive (Flusche,
2014). Now traffic stops are public records. North Carolina became the nation's first state to
mandate the collection of data when a police officer stops a motorist in 1999. From January of
2002, all states followed and have a collection of records from traffic stops since (Baumgartner,
n.d.). With the use of new technology of body cameras and dash cameras, citizens are now able
to see what happens during individual traffic stops, and most importantly, where and how it all
went wrong.
GOOD GUYS BAD GUYS 4
This section contributes to why police protocol is an issue and why it is causing such a
social stir amongst society. Generally speaking, there are a plethora of issues that go under this;
Discrimination
There is an overwhelming number of people on the road. In the United States alone there
were 222 million licensed drivers ("Car Drivers," n.d.) and Virginia made up only 5,912,048 in
2016 ("Total Number," 2017). It would be foolish to write this paper and not include what is
currently the biggest perceived motive for brutality on the road. Discrimination. According to
the Bureau of Justice Statistics, from data in 2015 in the city of Chicago, Black and Hispanic
occupants were more likely to have numerous contacts with police than white inhabitants,
particularly in reference to traffic and road stops. More than one of every six Black occupants
who were pulled over in traffic stops or in the city had comparative cooperation with police on
different occasions throughout a singular year (Davis, Whyde, & Langton, 2018). At the point
police started an interaction, they were twice as prone to threaten or utilize constrain against
Black and Hispanic occupants than white inhabitants. The police force is made up of all
different types of races and ethnicities so saying “all officers are racist” is invalid. However,
numerous police departments and officers approach to law and order by initializing an "us v.
them" attitude toward black communities, which divides and instills distrust among citizens and
law enforcement. John Dovidio, a social psychologist at Yale University with a PhD, says “the
biases come from unconscious or unintentional beliefs. A large proportion of white Americans
GOOD GUYS BAD GUYS 5
have these [implicit] biases, and it's hard to expect police officers to be any different.” John
Implicit biases are attitudes or stereotypes that can influence our beliefs, actions and
decisions, even though we're not consciously aware of them and don't express those
implicit bias is the unconscious association between black individuals and crime. That
association can influence an officer's behavior, even if he or she doesn't hold or express
shooting armed targets and not unarmed targets. In the experiment, individuals were presented
with images of black and white men holding either guns or miscellaneous items such as a
cellphone or bags of chips. The researchers found that armed black males were shot more
frequently and quickly. They were also shot at more whether they were armed or unarmed
compared to the images of white males which were shot at less frequently whether armed or
unarmed (Correll, Park, Judd, & Wittenbrink, 2002). This is something that is not ignored and
the reason that whenever an officer shoots a black person it is blown up on social media. There
is the distrust among “us v. them”. Only about 50% of Black and Hispanic inhabitants halted in
the city by police thought the stop was legit and valid, whereas 66% of white occupants did.
60% of Black inhabitants who encountered threats or experienced force, believed that it was
excessive. This contrasted with the 43% of white occupants who experienced threats or force that
In 2016 the most frequent age of licensed drivers on the road were from ages fifty-five to
fifty-nine totaling about 20,300,000 million in the United States ("Licensed Drivers," 2017). To
be considered an ‘experienced driver’, drivers typically have to be twenty-five years and older
and younger than sixty-five ("How Age Affects," n.d.). In 2016 only about 12% of licensed
drivers were younger than 25 ("Licensed Drivers," 2017). When looking at the big picture and
thinking about who is most likely to be the least respectful towards authority, society may think
it’s the youth due to the overwhelming number of teens that start to search for more
independence (Dixon, Graber, & Brooks-Gunn, 2008). However, upon interviewing a Master
Police Officer, he stated that there “Is no difference with experienced and inexperienced drivers
and the only problems are: miseducation, lack of compliance, and lack of authority.” He also
said that this permeates all ages EXCEPT for seniors over sixty-five (A. Perry, personal
communication, October 8, 2018). Chris Cahill, the Police Association president, says that, "In
the past you wouldn't swear at police officers and you wouldn't abuse them. This is going back a
few years obviously and if that kind of respect erodes away then other things become more fair
game” (Cann, 2018). Of course there are exceptions. During a traffic stop, drivers under the age
of 18 tend to be less compliant due to an “invincibility mindset” and a lack of attention to detail
as well as how they’re brought up. Young drivers do not automatically reflect negatively onto
officers, they do it based upon how their family/ parents feel about officers. Children imitate
parents in more ways than one, and it’s especially important that parents show how to correctly
act during a traffic stop even more so when children are in the backseat. Parents should always
be respectful when it comes to law enforcement. This shows the child in the backseat that they
should be polite and respectful as well when it comes to interacting with law enforcement. It
GOOD GUYS BAD GUYS 7
could cost a child their life if they imitate a parent’s wrongful action’s when it’s the child’s turn
to be behind the wheel. If the parent complains about law enforcement and unfairness of getting
a ticket, then the children will then believe that police officers are in the wrong and that they
shouldn’t respect them when it comes to a stop (Taylor, 2016). This leads to there being a lack
of respect to the badge. Cahill says that the rise of youth crime rate has jumped 11.6 percent
over the last three years. This directly correlates to the The Ministry of Justice figure’s
demonstrating the quantity of individuals imprisoned for neglecting to stop for police hopped
from 17 to 79 in the years of 2012 and 2017, and 500 additional individuals were indicted for
neglecting to stop just last year compared to five years before. Cahill says that mirrors a general
increment in individuals. This is due to the increase of youth drivers being pursued and the
Police Protocol
This section goes over what police are instructed to do, what their rules and regulations
are for the different types of traffic stops, and what are they supposed to do if something goes
According to the Bureau of Justice Statistics, the most common reason of interaction with
police is a traffic stop. In 2011, traffic stops accounted for about 42% of interactions ("Traffic
Stops," 2018). In today’s day and age, the most important outcome to come from interaction with
law enforcement and citizens is the safety of everyone involved. From the moment an officer
steps out of the car ,their guard is immediately up. Not to say they’re automatically on the
defense, but they’re automatically calculating everything that could go wrong due to it being an
unknown risk stop. In 2009, the term “unknown risk’ came about.
GOOD GUYS BAD GUYS 8
This term used to be called “low-risk,” that is until people started dying from these low
risk situations. The term “unknown risk” is normal technique to be employed in all traffic stops,
with the exception of stopping vehicles containing suspected armed or felony suspects (Virginia
Beach, 2009, p. 1). These are the everyday traffic stops for common things that may happen on
the street. The officer’s procedure is to follow a script, which is to identify themselves and say
who they are. Next, officers explain why they have stopped the vehicle. This is pretty self
explanatory as the officer just explains what the person did wrong i.e going 55 in a 35 or failed to
use their blinker. They then ask for the license, registration, and proof of insurance ("License,
Registration," 2012). The job is mostly done at this point. The officer then goes back to their car,
inserts information, and provides a fine or date to appear in court. These stops become “high
risk” when there is knowledge that the vehicle operator is dangerous, meaning the vehicle
operator is armed or a felony suspect. Even though these traffic stops have very different
In this section are cases and examples of things going wrong at a traffic stop whether it be
a death or a broken legs. Consequently, the most notable and attention grabbing cases are the
Precedent
Social media is an amazing way for everyone to become knowledgeable of the news and
especially providing a platform to share when things may go wrong. Social media has definitely
become a way to spread videos of when traffic stops go wrong and rallying groups of people
GOOD GUYS BAD GUYS 9
together over the internet to try and find justice for these tragedies. Things people see in videos
can actually be misleading. Many people may not actually know that police officers have the
authority to use force due to the case of Graham v. Connor. In this case officers pulled over
Graham having reasonable belief that he robbed a convenience store. Upon being pulled over,
Graham got out of the car and ran two circles around it then passed out on the curb. Graham was
handcuffed and laid face down when officers revived him. Graham attempted to show his
diabetes id, and the officers shoved his head into the hood of the car and told him to shut up.
Graham had multiple injuries including a broken foot as a result of the encounter. He then
counteracted and said the force from the officers was “malicious and sadistic.” The Supreme
Court decided that “malicious and sadistic” are just words to describe “objective reasonableness”
which is the way officers act. So basically saying something is “evil” doesn’t mean it is actually
evil when they’re just acting objectively. The officer is the person that can decide how much
force should be given in situations, not the person being pulled over. This set a precedent in
traffic stop procedures in the means that an officer can open the car door and forcibly remove
someone from a vehicle in the event that they are not acting in compliance. This then leads to
the issue of people believing that an officer used excessive force and officer is acting wrongfully
during traffic stops when officers actually have the authority to act the way they do (Oyez n.d).
This is also the reason why many incidents may become viral- if the public sees an officer acting
aggressively, they can automatically assume that the officer is being violent when they are
Famous Instance
GOOD GUYS BAD GUYS 10
The life and death of Sandra Bland became a controversial topic all over the country and
internet. It all started with a routine traffic stop in 2015 that went terribly wrong and ended in a
tragedy shortly after. Dashcam video is available of the traffic stop. In the video Officer Brian
Encinia pulled Sandra Bland over for failing to use a blinker when making a lane change. Upon
his arrival from doing his standard procedure steps of gathering all of her information, it is
audible that he makes note of her irritation for being pulled over. Bland expressed her distress
over being pulled over by saying that she feels she should not have received a ticket because she
was attempting to move out of the officers way being that she felt he was speeding up and tailing
her. The stop turns sour after Encinia tells Bland to step out of her vehicle when she won’t put
out her cigarette. Encinia becomes irate and leans into Blands car attempting to pull her out. He
tells her “I’m going to yank you out of here I’m going to drag you out of here.” He pulls a taser
out of his holster and shouts, “Get out of the car. I will light you up. Get out. Now.” After Bland
is out of the car, the video shows them walk off camera, and a few moments later, they appear
again and Blands wrists are now in handcuffs. Bland is crying and screaming that Encinia
hammered Blands head to the ground and that she had epilepsy. Encinia responds with a simple
four lettered “Good.” Upon receiving the media attention, there were claims that the video was
altered and edited due to the number of jump-cuts in the released video. After a press conference
where a Texas state senator states that there needs to be transparency and that bland did not
deserve to be in custody (Dart, 2015). Three days after her arrest, Bland was found dead in her
cell, and her death was ruled a suicide. America cannot help but wonder if it was actually a
murder. Since then, Bland’s family has reached a 1.8 million dollar settlement with Waller
GOOD GUYS BAD GUYS 11
County and the Texas Department of Public Safety paying one hundred thousand dollars.
Encinia has being indicted for perjury of Bland’s arrest (Kennedy, 2016) .
Solutions
To eliminate the number of tragedies when it comes to traffic stops, there needs to be
Education
Nearly all fifty states require passing an educational class prior to getting a licence or
permit. In the state of Virginia, the youth are granted this in their sophomore year of highschool.
According to Virginia Code § 22.1-205, driver education programs must discuss “traffic stops,
including law-enforcement procedures for traffic stops, appropriate actions to be taken by drivers
during traffic stops, and appropriate interactions with law-enforcement officers who initiate
traffic stops.” However, this hardly happens. How to properly interact with an officer should be
something that is a lesson in itself not something that is a few sentences on a slide show and
never spoken about again until someone dies. It is foolish to assume that the youth is
knowledgeable about what happens during a traffic stop when they have not yet been in the
driver's seat and been pulled over themselves. The state of North Carolina implemented a new
policy requiring traffic stop protocol be taught in drivers education classes as well as guidelines
of a traffic stop being printed into the DMV handbook. Vicki Hale, owner and instructor of Elite
Driving School in Eden, says “ That way everyone is on the same page. All students will learn
the exact same information and feel more prepared," in regards to the new policy being
implemented in drivers education courses (Mensch, 2018). Portsmouth police have a program
called “Teens and Traffic Stops” where they allow students to go through a traffic stop from an
GOOD GUYS BAD GUYS 12
officer perspective as well as being the one being pulled over. Perceived as the first in Virginia,
the program is targeted to show adolescents what to do – and what not to do – when pulled over
by police. In short sessions of an hour and a half, the students watched films of traffic stops and
reenacted situations with officers. The students got to sit in the driver's seat of squad cars and
pretend to be officers themselves. The program enables students to encounter traffic stops from
the officer's point of view. For instance, when students are sitting in the front of the squad car,
they can see with their own eyes how an officer is most likely unable to see the number of
individuals inside the vehicle that is pulled over, as well as where the driver may have their
hands. The program additionally directly enhances the connection among police and young
drivers by building comprehension of why officers may do the things they do. Many students
said that the program helped them understand how to behave when being pulled over. A student,
Terriyanna Brown, said that she "better understood police ... they really do care about other
people." Another said it was helpful to see the officers perspective of what's going on during a
traffic stop do to the role play. Police Chief Tonya Chapman stated that when it comes to a
traffic stop “the end goal is that everyone goes home safely” (Matray, 2018).
Community Engagement
This section includes community outreach programs that are in effect that can provide a
more positive light to police officers. A $1 million public administration battle, called Safe Stop,
incorporates communication on Television and appeared in motion picture theaters and other
public spots, portrays the legal prerequisites of drivers amid a traffic stop. Including, keeping
hands on the steering wheel until an officer approaches and not exiting a vehicle unless an officer
tells them to. While campaigns about the rights citizens have during a traffic stop has been
GOOD GUYS BAD GUYS 13
conducted around the country, New Jersey has criticized some advocates that convey drivers and
travelers bear obligation regarding traffic stops that go amiss. Shootings of unarmed Black men
by the police have sparked many national movements such as '#BlackLivesMatter' which is
directly to help bring attention to police brutality and national discussions on race and the
manner citizens are treated by police officers. Police departments across the nation have battled
with how to make changes. A few offices have received body cameras, required implicit-bias,
and de-escalation classes as well as holding numerous gatherings with neighborhood leaders to
promote trust and engagement among communities. Departments can implement as many new
policies as they want, but it means nothing if they are not educating the public also (Corasaniti,
2017). Many police departments are taking a new look at community policing. Community
policing is when police and members of the community collaborate to gain trust and build safer
neighborhoods. Efforts to reach across racial lines to build connections among community
members help to reduce inconsistency among the community and its inhabitants. Community
policing includes attending town meetings, participating in polls and surveys, meeting with
groups in the community and walking the beat to increase officer interactions with the
neighborhood. "In the past, an officer used to walk a beat. They'd get out of their car, get to
know people," says Dovidio, "When you don't have those personal experiences, you tend to treat
people in a homogeneous way." Clearly, not every situation an officer encounters will be the
same; therefore, officers cannot treat people the same way regardless of the situation- knowing
the community members will elicit a better response on how to conduct interactions with them
i.e knowing someone is deaf or has autism; therefore, officers have to treat them differently and
are able to cater to certain needs. Recently, policing style has dropped out of support among the
GOOD GUYS BAD GUYS 14
community as police have taken a hard fist on minor offenses with an end goal to reduce the
number of crime rates across various cities. "Policing in most recent 30 years in America has
concentrated on a mission of wrongdoing control," says Tom Tyler, PhD, a professor of law and
psychology at Yale Law School says. Divisions started embracing new methods, for example,
New York City's questionable "stop-and-frisk" program, which urged officers to stop people on
foot and scan them for weapons and any illegal items. Columbia College analyst Andrew
Gelman, PhD, announced that the program had the impact of unfortunately focusing on black
and Hispanic residents, even in the wake of controlling for race-specific wrongdoing rates in
different areas. Commentators state such projects illicit a wedge of distrust among police and
residents among the community. The absence of trust is especially tricky when layered on top of
racial stereotypes. "Effective policing requires the cooperation of the community. If the
community doesn't trust you, they won't give you info to help you do your job," says Dovidio.
"If you can create a sense of being on the same team, having the same goals, it makes policing
The procedure of a traffic stop has barely ever changed- thus there is not many
educational
‘classes’ officers take to brush up on skills. And when there is they’re hardly ever required and
they’re once every few years. There are some police departments that are switching up this
status
quo and trying new things. For example, some police departments have implemented a policy
that the officer who chases and catches a suspect is not the one to initiate the steps that follow
GOOD GUYS BAD GUYS 15
after the arrest such as booking the suspect or leading the interrogation. This helps eliminate all
of the bias they have conjured up since they were the one to make the arrest. Contrary to the
Virginia Beach Police department, some departments from other cities do not have a standard
procedure / script to follow upon inducing a traffic stop. Procedures haven't been distributed for
everyday street stops, and having a procedure can help eliminate bias when officers make the
decision to pull someone over. "In ambiguous situations, people are more likely to act on bias,"
Tyler says, "If you have a script to follow, that's more objective."
Conclusion
The only way to limit the death by traffic stop is to implement new procedures and to instil a
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