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Los Angeles Activists Demand LAPD Stop Pretextual Traffic Stops Because of 'Racial Disparities'

LOS ANGELES, CA - The Los Angeles Police Department (LAPD) could further limit the use of pretextual traffic stops following the department’s oversight board hearing a presentation from a local activist outfit earlier in March, which framed the practice as causing “racial disparities” in community policing.

Pretextual traffic stops are when an officer pulls a motorist over for a legitimate moving or equipment violation and uses the brief detention as a means to quickly investigate other potential offenses, be they subtle or obvious.

One common example is removing impaired drivers from the road. As SJKP Law Firm notes, one of the most common scenarios resulting in DUI arrests stems from police observing “a traffic violation.”

The practice of pretextual traffic stops was cemented in the 1996 Supreme Court decision of Whren v. United States after a traffic stop conducted by plainclothes officers over a driver’s failure to signal and excessive speed resulted in the suspect being arrested for crack cocaine possession, with the narcotics visible during the interaction with officers.  

Despite the practical application of pretextual stops in tandem with the High Court’s affirmation of its constitutionality, pretextual stops continue to be framed as a contentious matter akin to “fishing expeditions” that particularly impact “people of color,” according to NPR’s reporting on the topic back in 2021.

These sentiments could impose permanent restrictions on the LAPD’s use of pretextual stops following a presentation from the Push LA Coalition, where the Los Angeles Board of Police Commissioners heard the presentation on March 24th. According to the activist outfit, whose mission statement calls for "divestment from punishment and criminalization” of “Black and Brown Angelenos,” pretextual stops are apparently too effective in apprehending suspected criminals.

“If the City were to move forward with a stronger approach, it would help reduce racial disparities and disproportionate stops of black and brown folks,” activist Chauncee Smith said before the police oversight board during the meeting.

LAPD Captain Shannon White pushed back on the negative framing of pretextual traffic stops during the meeting, explaining the legality and practicality of the practice as being integral to preventing crime.

“On the surface, it can seem that these [traffic violations] are unimportant, that these are things that we can just let go or send somebody a letter,” Captain White stated, adding, “But we're ultimately challenging our officers to be proactive in preventing crime.”

When Commissioner Jeff Skobin asked Push LA Coalition whether they had examined any correlations between the number of pretextual traffic stops and the city’s crime rate, Smith admitted their analysis on the topic didn’t involve any research into that aspect of the debate.
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