Submitted by Stanley O. Gaines, Jr.
to the Community/Police Relations Working Group
of the Claremont Community Coalition
March 19, 2000
Introduction Racial Profiling in America The Landrum Shooting Recommendations
Addendum: Recent Initiatives of the Claremont
Police Chief
and Claremont City Manager concerning Racial Profiling
Today skin color makes you a suspect in America.
It makes you more likely to be
stopped, more likely to be searched, and more likely to be arrested
and imprisoned.
-American Civil Liberties Union, Is Jim Crow Justice Alive and Well
in America Today? (undated)
On February 17, 2000, the City of Claremont, CA announced
the appointment of William Ellis as interim police chief of the Claremont
Police Department. Interim Chief Ellis’ duties include the following:
“Review police department policies, in light of recent experiences, for
completeness, accuracy, and consistency with community values. Recommend
and implement modifications as appropriate. . . . Identify police department
strengths and weaknesses. . . .” (City of Claremont, CA, February 17, 2000).
Although the City of Claremont did not specify the “recent experiences”
mentioned above, it is likely that one such experience was the January
11, 1999 shooting death of an African American male motorist (i.e., Irvin
Landrum, Jr.) by two members of the Claremont Police Department (i.e.,
Agent Kent Jacks and Officer Hany Hanna; see City of Claremont, CA, January
3, 2000). The Landrum shooting has evoked enormous controversy within
and outside of Claremont, not only because of lingering questions concerning
the circumstances surrounding the shooting (Irvin Landrum Justice Organizing
Committee, October 3, 1999), but also because of the behavior of the City
Council and City Manager in response to criticism of the Claremont Police
Department and the City of Claremont – behavior that, as the City of Claremont
itself admitted, often has been “divisive” (City of Claremont, CA, January
3, 2000).
The term “community values,” as used in the description
of Interim Chief Ellis’ duties quoted above, is even more nebulous than
the term “recent experiences.” For example, according to its Web
site, the City of Claremont “Respects traditional values while embracing
new ideas” (City of Claremont, CA, undated). In any event, unlike
the directive for Interim Chief Ellis to determine the degree to which
the Claremont Police Department’s policies and procedures are “consistent
with community values” (City of Claremont, CA, February 17, 2000), no such
directive has been made specifically to determine the extent to which the
Claremont Police Department’s policies and procedures are consistent with
the Principles of Good Policing: Avoiding Violence between Police
and Citizens, published by the United States Department of Justice (March
1993). The lack of such a directive does not bode well for Claremont
residents’ efforts at achieving justice or reconciliation with regard to
the Landrum shooting, especially when one considers that the City of Claremont’s
own Community Dialogue Planning Committee is barred from discussing “issues
that might be related to this incident” (City of Claremont, CA, January
25, 2000).
In the present paper, I shall argue that the Claremont
Police Department’s Training Manual section on “Officer Survival” (Claremont
Police Department, November 13, 1997) legitimizes racial profiling -- a
police practice that that is common in southern California (American Civil
Liberties Union of Southern California, February 10, 2000) and throughout
the United States (American Civil Liberties Union, June 1999), despite
the fact that federal guidelines specifically discourage such a practice
(U. S. Department of Justice, March 1993). Moreover, I shall argue
that the City of Claremont’s “Fact Sheet” on the Landrum shooting (City
of Claremont, August 4, 1999) describes circumstances that, while consistent
in certain respects with the Claremont Police Department’s Training Manual
section on “Officer Survival” (Claremont Police Department, November 13,
1997), also is consistent with the phenomenon of racial profiling, as documented
by the American Civil Liberties Union (June 1999). I hasten to add
that, although I have prepared the present paper for submission to the
Community/Police Relations Working Group of the Claremont Community Coalition,
the views expressed in the present paper are mine alone.
…There is nothing new about [racial profiling]. Police abuse against people of color is a legacy of African American enslavement, repression, and legal inequality. Indeed, during hearings of the National Advisory Commission on Civil Disorders (‘The Kerner Commission’) in the fall of 1967 where more than 130 witnesses testified about the events leading up to the urban riots that had taken place in 150 cities the previous summer, one of the complaints that came up repeatedly was ‘the stopping of Negroes on foot or in cars without obvious basis.’ (p. 2)
One need not look to the distant past,
or even beyond Los Angeles County, to find evidence of racial profiling.
On February 10, 2000, the American Civil Liberties Union of Southern California
announced that it had filed a federal lawsuit on behalf of five men of
color (three African Americans and two Latinos) who, while driving in Los
Angeles, had been stopped and harassed by members of the Los Angeles Police
Department during the preceding year. As the following quote from
the Southern California ACLU’s lawsuit attests, the LAPD’s practice of
racial profiling not only led to harassment in all five cases but also
led to volatile situations in which the motorists’ lives potentially were
in danger:
In many respects, the Plaintiffs in this case represent a cross section of the nation. They come from divergent economic backgrounds and from different geographic locations of the United States. Today, they engage in a variety of different occupations here in Los Angeles. Carlos Gonzalez teaches math in a public school. David Askew is an actor. Timothy Campbell is a real estate developer. Alberto Lovato is a professional musician. And Tonye Allen is a freelance photographer. They share one common experience in common, however. They are all people of color, who, within the past year, were the victims of degrading, humiliating, and terrifying encounters with the LAPD as they drove their vehicles on the streets of this City on their way to work or home. These five separate episodes reflect a deeply disturbing pattern. Each of the Plaintiffs was followed, stopped, and detained for no valid reason by the LAPD. Three of the Plaintiffs were ordered out of their vehicles – two of them at gunpoint – and searched long before the police even asked for or looked at their driver’s licenses or registration papers. Three of the Plaintiffs were handcuffed. One of the Plaintiffs had a gun aimed at his head as he was ordered to lie face down on the ground; two other Plaintiffs saw armed officers place their hands on their holstered guns, ready to draw and fire at them. One of the Plaintiffs was locked in a jail cell for over two hours. Three of the Plaintiffs were, without any legitimate basis, suspected by the LAPD of stealing their vehicles. One of the Plaintiffs was told the absurd tale that he was stopped because he had been impeding traffic, even though at the time, there were no other cars on the road. And all of the Plaintiffs feared that, with one false move, they could be killed.
In reality, the Plaintiffs committed no offense, but instead, were stopped for “driving while black or brown,” or “DWB.” In short, what happened to the Plaintiffs would not have occurred if their skin were white and not dark. (p. 1-2)
In all five incidents described above, men of color were treated as “suspicious persons” – not because they had said or done anything wrong, but because they happened to have the “wrong” complexion (at least in the minds of the officers who stopped them). Ironically, although California public officials no longer are allowed to take individuals’ ethnicity into account when hiring state employees or when admitting students to state colleges and universities, officers in the state’s largest police department still are allowed to take individuals’ ethnicity into account when deciding whether to stop and detain motorists. The U. S. Department of Justice (March 1993) explicitly cautions against officers’ stereotyping of persons of color as “suspicious persons”:
Over the years, the concept of “suspicious person” has become less-clearly defined as the individual’s right of freedom of movement has been reinforced. At one time, “suspicious” could mean merely encountering an individual of one race in a neighborhood populated by members of another race, at any time of the day. That evolved to a late-night situation and eventually to a requirement that other circumstances be present. The difficulty in the inability to clearly define and articulate “suspicious” is that it creates the perception of harassment on the part of the individual stopped and questioned. Obviously, this can quickly result in tension between officer and citizen, with the possibility of the citizen resisting an arrest that may be questioned by the community and overturned by the courts. (p. 23)
The U. S. Department of Justice’s commentary seems almost prophetic in its description of the volatility inherent in the unjustifiable nature of traffic stops arising from the police practice of racial profiling. The Southern California ACLU lawsuit is a predictable outcome of racial profiling. Perhaps the one silver lining behind the cloud of the LAPD’s identification of innocent citizens as “suspicious persons” is that, in all five instances described above, the men were fortunate enough to escape with their lives. In contrast, when Irvin Landrum drove through Claremont on the night of January 11, 1999, he was not so fortunate.
Significant incidents, such as homicides, kidnap, major structure or large brush fire, officer-involved shooting, or injured officer require immediate notification to the Police Chief, regardless of the time of day or day of week. The Chief will then determine whether the City Manager will be immediately notified or if notification will wait until the next day. If the Chief immediately notifies the City Manager, they will mutually decide if the Mayor should be notified, who will notify the Mayor, and when the Mayor will be notified. If the Mayor is notified, the Mayor and the person notifying the Mayor will determine how and when the Council will be notified. In the absence of the Mayor, the Mayor Pro Tem shall be notified. (Claremont Police Department, November 13, 1995)
Inspection of the above paragraph reveals that the shooting victim’s next of kin and the Sheriff’s Department are not mentioned as individuals or entities to be notified immediately. In addition, the roles of the City Manager and the Mayor within the chain of command of persons to be notified in the event of an officer-related shooting are much more prominent that the City of Claremont’s “Fact Sheet” would lead one to believe. From the “Fact Sheet,” it is unclear as to (1) whether the division Captain, Police Chief, City Manager, and Mayor actually were contacted immediately following the Landrum shooting; and (2) how the division Captain, Police Chief, City Manager, and Mayor immediately responded (if at all).
To put it mildly, the Claremont Police Department and the City of Claremont have been less than forthcoming with regard to the circumstances surrounding the Landrum shooting. A visit to the City of Claremont’s Web site will not even yield the aforementioned “Fact Sheet”; however, that document is available via the Irvin Landrum Justice Organizing Committee Web site. The City Council’s prohibition against any discussion of the Landrum shooting by its Community Dialogue Planning Committee only fuels speculation that the Claremont Police Department and the City of Claremont are engaging in an ongoing, systematic cover-up of the actual sequence of events that led two Claremont police officers to shoot and kill Irvin Landrum, Jr. on the night of January 11, 1999.
American Civil Liberties Union (June 1999). Driving While Black: Racial profiling on our nation’s highways. [On-line]. Available: http://www.aclu.org/profiling/report/index.html
American Civil Liberties Union (undated). Is Jim Crow justice alive and well in America today? [On-line]. Available: http://www.aclu.org/profiling
American Civil Liberties Union of Southern California (February
10, 2000). ACLU sues to bring a halt to racial profiling of motorists
by LAPD. [On-line]. Available:
http://www.aclu-sc.org/newsreleases/000209DWB.htm
City of Claremont, CA (August 4, 1999). Landrum incident – fact sheet. [On-line]. Available: http://bernard.pitzer.edu/~hfairchi/Landrum/FactSheet/html
City of Claremont, CA (January 3, 2000). City Council issues statement regarding city’s actions related to Landrum shooting. [On-line]. Available: http://www.ci.claremont.ca.us/what%…s/landrum%20actions%20statement.htm
City of Claremont, CA (January 25, 2000). Charge statement to Community Dialogue Planning Committee. [On-line]. Available: http://www.ci.claremont.ca.us/what%…27s%20news/charge%20statement.htm
City of Claremont, CA (February 17, 2000). Interim police chief appointed. [On-line]. Available: http://www.ci.claremont.ca.us/what%…im%20Police%20chief%20appointed.htm
City of Claremont, CA (undated). City of Claremont, California. [On-line]. Available: http://www.ci.claremont.ca.us/splash/htm
Claremont, CA Police Department (1997). Training manual. Claremont, CA: Claremont, CA Police Department.
Claremont, CA Police Department (1998). Policy manual. Claremont, CA: Claremont, CA Police Department.
Fiske, S. T., & Taylor, S. E. (1991). Social cognition, 2nd ed. New York: McGraw-Hill.
Irvin Landrum Justice Organizing Committee (October 3, 1999). On the killing of Irvin Landrum, Jr.: Debunking the City of Claremont’s “Fact Sheet”. [On-line]. Available: http://bernard.pitzer.edu/~hfairchi/Landrum/DebunkCCFacts.html
Mozingo, J. (2000, January 11). Police slaying still torments Claremont. Los Angeles Times, pp. A1, A19.
U. S. Department of Justice (March 1993). Principles
of good policing: Avoiding violence between police and citizens.
Washington, DC: Community Relations Service.
Addendum:
Recent Initiatives of the Claremont Police Chief
and Claremont City Manager concerning Racial Profiling
Submitted by Stanley O. Gaines, Jr.
to the Community/Police Relations Working Group
of the Claremont Community Coalition
March 26, 2000
On March 24, 2000, the Inland Valley Our Times reported, “[Claremont] Interim Police Chief Bill Ellis and City Manager Glenn Southard outlined a nine-point plan to gather data on racial profiling and make the department more responsive and open” (p. A1). This prospective plan on the part of the police chief and the city manager certainly is encouraging. However, I am discouraged by the failure of the interim police chief and the city manager to gather retrospective data on police officers’ unrecorded stops during the years immediately preceding or following the January 11, 1999 shooting death of Black motorist Irvin Landrum, Jr. by two Claremont police officers. Currently, several individuals and organizations unaffiliated with the Claremont Police Department or the City Council – including the Data Collection Working Group of the Claremont Community Coalition Concerned – are gathering precisely such data, in the form of accounts by persons who apparently have been stopped by members of the Claremont Police Department simply because they were persons of color. Moreover, Claremont police officers and City Council members have heard many of these accounts (e.g., during City Council meetings and Irvin Landrum Justice Organizing Committee rallies) but have failed to engage in any follow-up work (e.g., informing citizens how to file complaints against police officers, a process that is much more cumbersome than the Inland Valley Our Times article would imply).
Even more discouraging, in my opinion, is the claim by the interim police chief that the Claremont Police Department’s Training Manual prohibits racial profiling. In response to my query as to exactly which section of the manual actually prohibits racial profiling, the interim police chief pointed to a single sentence: “Officers shall stop persons on the basis of all available information, not solely on the basis of race or ethnicity” (April 28, 1998, p. 1-6). Unfortunately, that sentence does not prohibit racial profiling. In fact, a review of my paper on racial profiling reveals that the above sentence is entirely consistent with the portion of the Claremont Police Department’s Training Manual that encourages officers to use the profile of potential “cop killers” as a pretext for stopping Black male motorists and pedestrians late at night.
Interestingly, the interim police chief never
referred to the Claremont Police Department’s Training Manual, which is
a separate document from the Policy Manual. I am concerned that the
Claremont Police Department is trying to avoid admitting that its Training
Manual encourages racial profiling. Overall, the recent initiative
by the interim police chief and the city manager addresses the practices,
while failing to address the policies, of the Claremont Police Department.
References
Bush, T. (2000, March 24). Claremont officers to record
all stops. Inland Valley Our Times, p. A1.
Claremont, CA Police Department (1998). Policy manual.
Claremont, CA: Claremont, CA Police Department.