Benjamin Kelso thinks parents in minority-dominated areas of San Diego should be aware of the color of clothes their children wear. Their children might draw negative attention from police who think they’re in a gang, he said.
Kelso knows because he’s a police officer. And he knows because in the early 1990s, fellow San Diego police officers pulled him over for wearing blue and driving a blue Cadillac.
Kelso now heads the San Diego Black Police Officers Association and he’s risen to become a detective sergeant in SDPD’s domestic violence unit.
He said police and community race relations have improved since he’s been on the force, but SDPD still has a long way to go. We spoke with Kelso for our investigation into the department’s approach to racial profiling issues.
He talked about how his organization’s appearance at Trayvon Martin marches led some SDPD officers to question his loyalty to the force and how certain police practices have upset minority community members.
Q: Can you talk about how the department has changed since when you were pulled over?
A lot of things have changed, not just department-wide. If we look at our national views on race relations over the past 20 to 30 years, let’s go back further, from the Civil Rights era forward, there’s been significant change, significant progress leading up to now. There’s been significant progress on the San Diego Police Department.
Being openly racist is not condoned. In fact, it’s shunned. In some cases it’s disciplined when it’s brought out, when it’s discovered.
The gray area is those situations that lie in between – that could have racial connotations but they also have justifiable law enforcement applications, so to speak. That’s that crossroad between criminal profiling and racial profiling. Depending on the circumstances and the situation, one could be deemed totally justifiable where another one may not be.
They have certainly not solved any sort of larger context race relations problem. Are there officers in the police department that are racist? Certainly. Of every color. Because racism is still alive and well in the United States. It’s just not open.
Q: Can you give me an example of the blurred line between criminal and racial profiling?
Because people of different races commit crimes race can’t be completely eliminated as a potential factor in a certain crime. If a robbery is committed and the perpetrator happens to be black, that’s probably the No. 1 criteria associated with that. But you can’t use that alone as the basis for a stop. Otherwise we go back to what we had in the pre-Civil Rights era.
Q: All of the experts we’ve spoken with and folks in the community have said the key issue with respect to racial profiling is the issue of trust between the community and law enforcement. When profiling incidents happen here, do they erode trust within the community?
They do erode trust. They create problems. They create political backlash, so to speak. They ultimately wind up being situations that organizations like the Black Police Officers Association or the Latino Police Officers or some of the other minority organizations within law enforcement, we work in those communities to build those bridges again, to repair that damage, to try to keep those lines of communications open for when something goes wrong. It’s not a contest of loyalties because we’re law enforcement officers first and foremost. But even that gets questioned.
The damaging thing, the hurtful thing, is to have individuals that we work with question our loyalty because we are out trying to solve a problem, trying to mend a fence.
Q: Can you give an example?
The Trayvon Martin situation was certainly a nationally volatile situation. It raised a lot of community concerns. There were a lot of protests, marches. Nationwide.
We attend those things. Then we have officers that know who we are, see who we are. We’re identifiable as law enforcement, but we’re in the crowd at those things to help show the community that we support you. We don’t necessarily have to believe what your organization believes or whatever. But we support your right to protest, we support your right to feel pain about something that has happened in law enforcement.
Those things are huge. Those things build huge amounts of trust between us and the community. But it has a backlash. Everything has a cost. We get dirty looks from officers on the periphery that are watching the thing wondering, “What’re they doing there? Are they with them or are they with us? What is going on?”
Q: So that happened? You were at events and you sort of got a side-eye from other folks on the force?
Yeah. It became a big topic of discussion. People actually bring up questions. Officers do. They come out with it: “Well, what would have happened if there would have been a riot? Who would you have sided with?”
Q: That happened?
That question did come up, yeah. Obviously we keep those things in-house and we talk about those things. I had a very candid conversation with one individual who brought that subject up, as did others. When it ended, the individual walked away with a better understanding of what we’re here for and what we’re about. But what was it that made him question it? Only he can say what that was.
Q: What can police leadership do to address these kinds of issues?
Supporting efforts for training, making mandates that people should be treated fairly. I’m not saying that they don’t, either. I’m saying that if executive leadership supports change, change takes place.
I’ll bring up a prime example: making people sit on the curb. It has a safety concern for officers. In certain situations when an officer is outnumbered, it’s reasonable. But when suddenly those situations become the common practice for everyone, everyone at least in those areas, maybe it’s not so reasonable.
Maybe the commanding officers can get involved in those sorts of things, and say, you know what, if you need to do something like that because it’s a legitimate safety concern, do that. But when help arrives, move the person, have them sit in the back of the police car. Or have them sit in the back of the police car from the beginning if you can.
Because [sitting on the curb] is not the procedure that’s taught in the police academy – that is a cultural thing that’s taught in the field by other officers. It’s demeaning.
When we bring that up to officers, it’s actually met with anger sometimes. Because the cultural belief is that doing so impacts their safety. Now, by asking you to not put a person on the curb, you are now asking me to not be safe. And I want to go home at the end of the night. That’s not what the issue is at all.
Q: City Councilman David Alvarez said at a mayoral debate that it’s come to his attention that cultural competency training within the department might not be as strong as it used to be. Have you seen any changes to it?
Have I seen changes in cultural competency training over the years? Yes. Specific programs? I can’t name specific programs. I can only say that the training of today is not what it was once in the past. I think that those trainings should always be a part of ongoing training to help people deal with recognizing the impact of our actions as law enforcement officers.
We do a lot of things because we can and not necessarily because we have to. I guess we have to know where the intersection is of taking an action. Is this action absolutely necessary, or am I taking this action simply because I can take the action without consequence?
I think nationally we feel like we don’t have race problems anymore. We believe we’re post-racial. San Diego PD, do they feel they’re post-racial? Probably. But we know that we’re not.
"San Diego Has Fallen Behind on Combating Police Racial Profiling" by Liam Dillon and Megan Burks, Voice of San Diego 1/8/2014
The San Diego Police Department and its chief, William Lansdowne, used to be national leaders in addressing concerns about racial profiling. Now they’re not.
More than a decade ago, San Diego police were among the first to use data to examine how frequently officers targeted minorities in traffic stops. Today, that policy has become the norm in big urban departments across the country. But in San Diego, the effort has largely fallen by the wayside. Officers here now track race in fewer than one out of every five stops and a sergeant in the department’s research and analysis division wasn’t aware that the requirement to gather the information still existed when we asked about it.
Lansdowne isn’t troubled by the decrease in the department’s data collection efforts. He and his top deputies said residents don’t believe racial profiling is a problem.
“It hasn’t come up in years and years and years in interactions with the community,” said Assistant Chief Shelley Zimmerman, who’s in charge of the department’s neighborhood policing efforts.
But those who monitor San Diego police don’t share that perspective. The head of the local Black Police Officers Association, the president of the local NAACP and a city councilman all said racial profiling happens in San Diego and they hear about it.
“Everyone knows it exists,” said Lei-Chala Wilson, the local NAACP president.
And city taxpayers recently had to foot the bill for an incident where police officers stopped young minorities for no reason.
This spring, a federal judge ruled that two officers violated the Fourth Amendment rights of two black residents, Dante Harrell and Shannon Robinson, during a City Heights traffic stop in 2010. Harrell and Robinson’s lawsuit didn’t specifically allege racial profiling, but Harrell said he believed the stop happened because police look for reasons to pull over minorities in minority neighborhoods. The city agreed to settle the case last month for $450,000.
The lawsuit and renewed national scrutiny over racial profiling got Lansdowne’s attention. He has ordered a new round of data collection on race at traffic stops, saying profiling has again become an issue in San Diego.
Criminal justice experts, however, say racial profiling is always an issue: Incidents can erode trust between police and the communities they serve. For some people of color who believe San Diego police officers have pulled them over for that alone, the traffic stops have taken their toll.
"Nobody that I know or myself do I feel safe around [police],” said Abdihakim Afewerki, a 26-year-old engineering student who is black. Afewerki frequently spends time in Encanto and Lincoln Park. “In my eyes, they're not there to protect me, they're there to harass me.”
‘We Can’t Be Afraid to Look at the Statistics’
In the late 1990s, civil rights groups in San Jose demanded action after allegations emerged of racial profiling in traffic stops. Lansdowne, San Jose’s police chief at the time, responded.
His department pledged to gather race and ethnicity information voluntarily on traffic stops to see how frequently officers pulled over people of color. Criminal justice researchers hailed Lansdowne as the "father of data collection" on police racial profiling.
"We can't be afraid to look at the statistics," Lansdowne said when San Jose released its initial 1999 report, which showed only small disparities between minorities stopped and the citywide population.
But more than a decade later, Lansdowne, San Diego's chief for the last 10 years, has few statistics to look at.
The San Diego Police Department has had a policy to collect race and ethnicity data during traffic stops since 2000, making it one of the first big urban departments to do so, along with San Jose. The department has told officers they needed to gather this information multiple times in the years since.
But the message didn’t stick. A sergeant in the department’s research and analysis division wasn’t aware that a data collection policy still existed when we asked in late October.
“We do not keep any demographics on traffic stops,” Sgt. Laura McLean told us in an email.
It turns out officers were keeping demographics on traffic stops – just not very much. In the first 10 months of 2013, officers gathered racial information on roughly 16,000 traffic stops, an amount equivalent to about a fifth of the citations issued over the same time. Officers pulled over an untold number of additional drivers without giving them tickets – or noting their race. Many officers gathered the information diligently, police officials said, but the amount of data the department collected decreased substantially over time.
Lansdowne said the effort slowed because no one demanded the department analyze racial profiling in traffic stops, so he didn’t emphasize the requirement to collect the data. In the meantime, other law enforcement agencies have surpassed the San Diego Police Department when it comes to being proactive on the issue.
Seven of the 10 largest police departments in the country currently have policies requiring them to gather race and ethnicity information on traffic or pedestrian stops even if officers don’t arrest or cite the person stopped. An eighth department, Washington D.C., documents the race of those frisked by police.
These data are the cornerstone of a high-profile legal challenge over the New York City Police Department’s practice of stopping and frisking pedestrians in an effort to fight crime. Researchers found 84 percent of those stopped and frisked by New York police were black or Hispanic. Civil rights groups have argued these numbers show the practice is unconstitutionally biased against minorities.
Researchers who study the issue say data collection is a key part of a larger effort, along with robust diversity training and strict anti-bias policies, to prevent racial profiling.
“If there is a spirit and culture of transparency and accountability in the department, they’ll collect the data,” said Carol Archbold, a criminal justice professor who specializes in racial profiling issues at North Dakota State University.
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