Traffic Stops: Understanding and Addressing Citizens' Concerns.

• Author: Cramer, Glenn

This article was originally published in the National Traffic Law Center's Between the Lines newsletter in April 2022 under NHTSA cooperative agreement 693JJ91950010. It is reprinted here with the permission of the National Traffic Law Center.

Editor's Note: The concept of "defunding police" has recently gained popularity among those seeking reform in law enforcement. In fact, a handful of jurisdictions in the United Sates have embraced this idea and turned over traffic enforcement, along with the funding for it, to non-police agencies. (1) Most jurisdictions, however, recognize the inherent danger faced by those enforcing traffic laws and continue the practice of traffic enforcement by law enforcement officers. How then, are those agencies balancing the public appetite for positive changes in law enforcement, while maintaining safety for the motoring public? In a two-part series, Between the Lines will examine this issue. Next mouth, Between the Lines will examine Connecticut's data-driven approach to address biased policing. This month's edition examines how local leadership can embrace the public's expectations for equity and implement policies and procedures to create an environment of equitable traffic law enforcement while also keeping the motoring public safe.

Across the United States, police departments and policing as a whole are in the spotlight. The horrific event in Minneapolis nearly two years ago has served as the example for many to illustrate systemic issues of racism and violence within the law enforcement profession. This perception of the law enforcement profession sparked discussion about defending the police and some communities actually implemented this concept. How one views this spotlight on a law enforcement agency depends on one's perspective. Some law enforcement agencies have become defensive, hoping the winds of change will pass them by or, like a vast majority of law enforcement agencies, view this challenge as an opportunity to bring even greater professionalism and better practices to a profession to which most officers are deeply dedicated.

"[T]he power of the police to fulfill their functions and duties is dependent on public approval of their existence, actions and behavior, and on their ability to secure and maintain public respect." (2) Few governmental services touch American lives as often as does the surface transportation system. Law enforcement officers contact over 20 million motorists per year during the course of routine traffic stops. (3) Thus, public opinion of policing is influenced largely by individual roadside interactions. The practice of the traffic stop shows the way the automobile has fundamentally changed the relationship between the police and the community.

There is a public expectation that traffic stops and any subsequent searches are within the scope of the law and based upon articulable facts and circumstances observed by officers. The decision to stop a vehicle, and any enforcement action taken by an officer, is the result of several factors including the behavior of the driver, the officer's experience, the law, departmental policies, and procedures.

In many communities, there has been much public policy discussion about "police reform" and "defunding the police," too often overlooking the value of traffic law enforcement as a core function of providing professional police services. At the same time, there may be a tendency by law enforcement agencies to reduce the focus on traffic law enforcement as a way to minimize this public scrutiny. In other words, some law enforcement leaders have essentially chosen to not engage in traffic law enforcement as a less disruptive law enforcement strategy. With reduced traffic law enforcement, many states are realizing an increase in fatal and serious injury crashes. Anecdotally, during these tumultuous times of public safety, coupled with the COVID-19 state of emergency, there has been a demonstrated increase in risky driving behavior and the frequency of fatal and serious crashes when people perceived the law enforcement profession was not going to be engaged in traffic law enforcement. (4)

Studies and surveys have consistently identified the following questions about governmental services as being important to...