To What Extent Does Racism Factor In Stop And Search Practices By The Police?

Police officers have often been accused ofrelationships based on racialized categorization.").
racism, sexism and, even on occasion, fascismIf the police are institutionally racist, what can be
but often these accusations are denied or refuteddone to reverse this apparent discriminatory
as being either completely unfounded or as beingattitude? Is it endemic within the police culture, or
sourced from aggrieved individuals with no, ordo the combined attitudes, perspectives and
little, basis in fact. Nevertheless, the accusationsbeliefs of individual officers mean that tackling
continue. These accusations, largely, come fromracism has to be done on an individual basis and, if
ethnic minorities and, in particular, the black andthis is the case, how would such a task be
Asian communities. Women tend to be less vocalundertaken? Where would one begin - at the
and even then, by women who are serving policetraining centre, through psychological profiling of
officers regarding poor promotional prospects; onpotential recruits? One problem which may arise in
the whole, most accusations made against the'forcing' race relations to be part of police officer
police are in relation to race or ethnicity ratherculture is that it could drive the problem
than gender.underground; officers may publicly denounce
Are these accusations justified? Do the policeracism whilst forcing those they see as obtaining
suffer from institutional racism as reported in the'special treatment' or 'positive discrimination' into a
Macpherson Inquiry following the tragic death ofcorner from which they cannot return. Whilst this
Stephen Lawrence in London? Alternatively, is itmay result in a few officers being reprimanded or
truly a case that, statistically, men (and it iseven forced to resign if they do not comply,
mostly men) who are black are more likely tomany more will be left to fester their dislike in a
commit street crime and thus police stop andmore discreet manner. We need to address the
search of such minorities are appropriate? Wouldproblem on a larger scale and tackle the root
even this justify the evidence that shows policecauses of racism among society to reach those
officers stop and search those who are black, sixwho - at the end of the day - grow up believing
times more often than those who are white?that multicultural Britain somehow means that
Police officers generally stop individuals they'white' people are no longer the 'majority' and that
suspect of committing, or being likely to commit,other ethnic groups are 'taking over'.
an offence. They are supposed to be equal inPolice officers are representative of the society in
their treatment of those they stop and should notwhich they police; they are not likely to be the
undertake, even subconsciously, racial profiling inonly organisation which suffers from institutional
order to carry out their duties. Of course, police(or any other) racism. Indeed, Jack Straw
officers are human and thus not infallible and soacknowledged this in his statement to the House
bring to their work (as many people do) their ownof Commons relating to the Macpherson Report:
prejudices, beliefs, opinions and interpretations of'In my view, any long-established, white-dominated
society and the problems within it. Whilst in aorganisation is liable to have procedures...and a
modern, multicultural and multi ethnic society, suchculture that tend to exclude or to disadvantage
prejudices are expected to be minimal, the realitynon-white people...including the Home Office - and
is that in some areas of the UK, minorities aremany other institutions'. Society at large
viewed as either taking over or being given thediscriminates - in one way or another - against
soft treatment because of their race or ethnicity.groups it feels represent different values, cultures
Police prejudices may have been normal in theand ideals. The problem with such attitudes within
past, but certainly one would hope that we havethe police, however, is that as a service, they
moved on as a society to accept anyone andoperate with some autonomy and have powers
everyone on the basis of their actions, over andavailable to them with which, if they so chose,
above the colour of their skin or ethniccould allow for racist (or other bigoted) attitudes
background. Again, however, infallibility is a humanto shine through and result in discriminatory
trait and we cannot expect that police officerspractices. Such practices may have the affect the
are any different. If young black men areethnic group to which such people belong to in
committing more street robberies than whiteterms of their views and feelings towards the
men, then undoubtedly they will be targeted aspolice officers who police them, but also against
potential suspects by the police and subject tothe systems which are there for their protection
more rigorous policing such as stop and search.(i.e. the criminal justice system). Such
However, is it police racism, whether overt oranti-establishment feeling is unlikely to be removed
otherwise, which explains the higher (and apparentby simple denials of racism but institutions which
disproportionate) number of black men stoppedhave - for them - been disproportionately
by the police? Is it reflective of a society that (astargeting them over and above others purely on
some might argue) discriminates against minoritiesthe basis of skin colour or ethnic background.
in all aspects: poor educational facilities and fewerFor example, research undertaken in Norway
employment prospects so that criminalityshows how police officers' actions can be
becomes more attractive and an easier option forperceived as racist, whilst at the same time
ethnic minorities? Whilst there are some whoallowing for other factors behind their stop and
climb the corporate ladder, becoming successfulsearch procedures. Sollund makes the argument
lawyers, even politicians, doctors or other white(and follows with examples) that although race
collar or blue collar workers, far more aremay play a factor, other reasons come into play
excluded from certain posts. The Race Relationswhen police officers decide to perform stop and
Act 1975 was supposed to remove discriminationsearches. Further, the examples illustrate that
from many aspects of society but particularly inaggression and/or frustration on both sides (i.e.
relation to employment. As we have often seenfrom the police and the person stopped) can
with legislation, however, laws to combat society'sexacerbate an already tense situation so that
perception of 'the other' do not necessarily workwhat may have been a routine stop '...escalate[s]
and, on occasion, may eventually come back andso dramatically'. Here, the black male driver was in
bite those who it seeks to protect.a BMW vehicle, known by the police to be a
Are police officers stopping higher numbers oftarget for thieves; the driver was in a hurry to
young black men because they are, like society,get to work and so may have appeared agitated
implicitly racist? The Police and Criminal Evidence(though Sollund points out that he was stopped at
Act 1984 (PACE), when it was produced, shoulda stop sign and so was not driving at that point).
have stopped, or at least reduced, the number ofOf more interest, however, is that mention is
people stopped and searched for anything othermade of police checking the licence plate and
than 'reasonable suspicion' (s.1). However,finding that the driver had been stopped before,
reasonable suspicion, whilst legislated to bethus raising the possibility that the police felt
objective, rarely is: police officers interpretjustified in performing a further stop. It is
'reasonable suspicion' in many ways and it is easytherefore a combination of these factors which
to find justification where there may be none.precipitated the stop itself; the driver's irritation
Various laws allow police officers to search thosedue to a lack of information as to the reasons
they suspect of carrying illegal substances as wellbehind the stop itself may have exacerbated the
as for weapons, etc. Reasonable suspicion ofsituation so that the end result was a violent
certain individuals may seem obvious and thusconfrontation between the [white] police officers
stereotyping of many may seem an obviousand the [black] driver. Sollund does not take either
requirement of police work but not all black menside at face value, nor are attempts made to
are out on the street seeking potential robberyjustify one parties' actions over and above the
victims; however, how many white old ladies areother; what Sollund does do is put forward
stopped and searched for drugs or weapons orarguments which illustrate each actor's
items used in burglaries? It is not necessarily beingperspective and thus provide subjective and
put forward however that stereotypes should beobjective interpretation for all those involved.
ignored altogether by police officers whenRacist commentary was used by one officer, but
consideration is given to who should be targetedwhether this was based on personal racism, or
in stop and search procedures.just a tactic to illicit an aggressive response to
Obvious reasons for fewer numbers of old ladiesjustify the stop itself, is unknown; it would be
(whether white or black) being stopped by policedoubtful if this would be a tactic unknown to
officers is that they rarely commit crimes, suchpolice officers all over the world, whatever the
as street robbery, burglary or drugs offences.race or even gender of the suspected person.
Therefore, stop and search techniques whichIt could be argued that police officers are biased
involve some form of stereotyping and/ortowards individuals and groups of individuals no
profiling are necessary; if some method ofmore or less than any other institution which
stereotyping of the population were notoperates control and/or power over others. The
undertaken then methods of policing would eitherarmed forces have also suffered accusations of
have stop altogether (to avoid any claims ofracism and sexism for decades; clubs which
discrimination) or police numbers would have tooperate 'private members' have often been
rise significantly to deal with the higher number ofaccused of being sexist for only allowing male
stops required to search everyone who 'may'members and being class-based. The particular
carry illegal weapons/substances. Either scenario isproblem for the police, however, is that their very
highly impractical.essence, their very existence requires them to be
Problems arise when one group (i.e. ethnicdiscriminatory in terms of who they target and
minorities) are specifically targeted over any otherwhen, how, where and why they do so. The
without reasonable grounds and such groundspolice force has traditionally - and in many ways
must be reasonable using an objective method.has to remain - responsive to crime (i.e.
Objective reasonable grounds should not includereactionary, rather than proactively) in order to
the ethnic group to which a suspect may belong;ensure their resources are not so stretched as to
this naturally occurs, but of course, whetheravoid collapse. Legislation to which they operate
consciously or not, officers utilise their experiencerequires them to use discretion and a method of
and knowledge of offending patterns. For thoseprofiling (whether on the grounds of race, gender,
police officers, such knowledge or experience canclass, etc.) to ensure that those who are likely to
be objective reasoning and thus their stop andhave offended, or who may offend, are targeted.
search practices continue to follow the patternSome research into the reasons why police
that young black men are stopped moreofficers undertake stops and precisely who they
frequently. If they believe that, statistically, mentarget raises interesting notions of both police bias
of certain ethnic groups are more likely to committowards ethnic groups, but equally towards
offences such as street robbery, then naturallyparticular age groups. Officers' reasons for stops
they will target such groups. If an offender iswere related to the appearance, including age,
intending to steal from a house (burglary), then hedress, vehicle and ethnicity (though only in some
or she may 'go equipped' and thus any stop andcases was ethnicity given); location and time of
search would identify this person as such; it maythe person(s), behaviour of the person(s) and any
be of note that seven percent of those who areinformation the officers had available as to local
stopped are actually arrested.problems/criminals. Further, the research
Research has shown that whilst police officers aresummarises that although in some cases, young
in fact bias to some extent, the underlying reasonblack men may be disproportionately stopped by
for their bias is the evidence stated above - thatpolice officers, they could, in some areas and at
certain groups from ethnic minorities commitcertain times, be under-represented in stops by
higher rates of offences. This research alsoofficers. The same research claims that white
shows that, despite the fact that there ispeople are in fact over-represented in stops by
disproportionately more stop and searches ofpolice officers. Asian people on the whole were
certain ethnic groups, this is not solely attributableless likely than either black, or white, people to be
to police bias but the geographic andstopped though there were 'some exceptions'.
demographics of the area. Nevertheless, inThus, depending on research undertaken, and
analysing the Islington Crime Survey, Brianperhaps the questions posed to both officers and
Maclean found some evidence that young blackthose subject to stops by them, ethnic minorities
men (16-24 years) were stopped by the policemay face no more, or less, bias by police officers
more frequently than white or Asians (19.1% aswhen it comes to stop and search procedures.
against 10.9 for the same group of white men).There is little doubt that officers' perception,
Interestingly, however, the figures for those whothough subjective, relies upon local intelligence;
were stopped and searched are relatively similar:people who are involved in criminal activities need
4.6% for black and 4.0% for white men. Theto be targeted specifically over those who are
figure for Asian men who were stopped only wasnot involved (or those who are not likely to
8.5% whilst stop and search figures arebecome involved) and that automatically
significantly lower at 1.4%. All figures relate togenerates a form of profiling. Building profiles of
stops or stops and searches whilst suspects werepeople inevitably involves their ethnicity, though it
on foot. Those in vehicles were lower still thoughobviously should not solely be on that basis. If
the difference for searches of those in vehiclesreports of robberies come in and officers' radio
were more stark than their counterpart figurescalls state that a young black male is the
for those stopped on foot (2.6% white, 7.9%perpetrator, then immediately it is obvious that
black and 2.5% Asian). On the basis of theseyoung white males will not be targeted. Where
figures, it does appear that stops and searches ofwould or should officers draw the line as to what
black men by police tend to outnumber white andpeople they ought to stop? If police officers
Asian men, but what is not clear is whether this isbegan to question everyone with whom they
reflective of the demographic area. Many areas incame into contact with, not only would their
Islington do house greater numbers of blacksenior ranks decry the waste of limited
people than white. Another potential problem withresources, but the public would respond with
interpreting statistical data, is lack of clarity inapoplexy. Thus, society as a whole requires the
terms of when and where such stops took place;police to discriminate against certain individuals -
i.e. were the stops undertaken by policeone only has to look at how the public have
immediately following a report of a streetresponded to youths who 'hang around the
robbery, was the time of day suspicious in that -streets' whereas decades ago, nothing more than
at 2am on a Thursday morning, it may be curiousa slight nuisance would have been attached to
to say anyone walking around and thus stoppingthem, we now target them as being the bane of
people is not wholly unusual. Statistical analysis isdecent folks' lives.
always difficult particularly if one is seeking to findAntisocial Behavioural Orders (ASBOs) have been
underlying causes as the data is often limited andissued in many cities and towns across the UK to
structured in such a way as to provide basictarget 'antisocial behaviour' which can simply
information only.consist of a group of youths - bored - standing
However, to return to the main question - doesaround perhaps being a little too exuberant in their
racial discrimination or racial attitudes affect policediscussions. Indeed, legislation has been introduced
stop and search numbers? Is the disproportionateto ensure that, where a group of two or more
number of black men who experience stop andyouths are congregating, they can be dispersed
search by the police reflective of a wider societyby the police. Though it is not related to race, but
which discriminates against them (in that crime isage, this is only one example of discriminatory
the only option due to fewer employmentmethods used against a particular group; there
opportunities) or is it geographic in that areas ofare other groups of people who tend to have a
higher rates of stop and search of young blackparticular ethnic origin - gypsies or travellers (i.e.
men are as result of a greater number of blackwho generally are Irish or of Irish descent) and
people residing in the area?who are targeted by police and the authorities as
A combination of both factors perhaps may exist,being unwanted and undesired. For instance, s.61
as well as the fact that younger people generallyand s.62 of Criminal Justice & Public Order
hang around with no real purpose and/or directionAct 1994 allows for police officers to order
more frequently than those in their thirties andpeople to leave land if reasonable grounds exist
forties who may go out to bars, parties, etc. Iffor the officer to believe such people (who
we look at age alone, figures show that thosegenerally are travellers) are residing there illegally
within the lower age range (16-24) are subjectedand causing damage. Penalties include terms of up
to higher rates of stop and stop and searches byto three months' custody. There is little doubt
police officers. Those who are aged 45 or overthat antisocial behaviour legislation may also be
are less likely to be stopped by almost one fifthutilised for this group of people.
(5.4%) of the same group who are 16-24 yearsOver and above these groups, further legislation
of age (24.2%), whilst only half the number arehas been brought in that implicitly enables the
likely to be stopped if they are in middle grouppolice and security services to utilise racial profiling,
(aged 25-44 : 13.1%). It is worrying however thatand thus racial discrimination, of Muslims/Islamists
it is a general assumption that police officers areto enable the greater public protection against
racist or that racism is endemic within the police.terrorism in the wake of September 11th events
This is despite the assertion by Lord Macphersonin the USA and the July 7th and 21st attacks in
that the Metropolitan Police was 'institutionallyLondon as it is highly likely that only 'Muslims' will
racist' (1999).be targeted as the only group likely to target the
Such an assumption, backed up by Macpherson, isUK on behalf of, or because of affiliation to,
highly damaging to police officers all over theAl-Qaeda (such as the Terrorism Act 2000 and
country, but particularly acute in cities with highthe Terrorism Act 2006). Legislation used against
numbers of ethnic minority groups (e.g. London,suspected terrorists has been subject to
Birmingham, Manchester, etc.). Whilst Lordcontroversy and cited as being in contravention of
Scarman had avoided such a label in the Brixtonthe European Convention on Human Rights Thus it
Riots Inquiry in the 1980s, Macpherson felt thatis difficult to see how some form of discrimination
Scarman's definition of overt racism was notis not utilised by police officers - on behalf of the
necessarily the one which could and should beState - whether due to their colour (i.e. Black
followed. Therefore, when police officers stop (orpeople), their perceived religion (Middle-Eastern or
stop and search) young black men - or otherAfrican/Asian people), or their lifestyle/culture
young ethnic minority men - then accusations of(such as Irish travellers/gypsies).
racism are undoubtedly likely to arise. This is notSociety, therefore, as a whole plays a part in
to say that problems such as institutional racism,allowing racism to become and remain endemic
if it exists, should be avoided or ignored; to do sowithin itself. Government legitimatises repression in
would only exacerbate the problem and causeone form or another by introducing laws which,
further conflict among others.even though not specifically stated, target people
However, to solely or largely attribute such stopfrom particular ethnic origins, age, culture or social
and search numbers as disproportionate down toclass. When stated over and over, such
racist attitudes by police officers and theirdiscrimination allows the general population to feel
institution, can cause resentment by policethat their concerns over 'others' because the
officers themselves. Following Macpherson'sGovernment has allowed such discrimination to
report, police integrity was obviously called intofester in its attempts to eradicate criminality in
question and this can cause serious problems withwhichever form it feels needs priority at any
morale among officers. Such low morale canparticular time. If and when, therefore, young
result in fewer stop and search procedures beingblack men (or institutions representing such
undertaken; statistical comparisons of stop andminority groups) claim racism, it is seen by many
searches between 1997-98 and 1998-1999, againas an excuse to remove responsibility for criminal
in 1999-2000 and 2002-2003 illustrate a drop inactions which, if they were white, would not be
such procedures between 1998 and 2000 anddismissed quite so readily.
only a slight increase in 2001. If police officers'Thus, political parties such as the National Front or
assert that their actions are justified but are notthe British National Party claim that to end such
supported by their bosses and condemned byproblems, curbs should be made on immigration
politicians on the one hand, whilst enacting lawslevels. Whilst publicly condemning such
which create greater powers for stop and searchorganisations as being racist, or fascist, the
on the other, then trust by police officers in theirGovernment may in fact be assisting such a
own status may be undermined. Recruitment maywave of anti-ethnic minority feeling as it tells of
drop, early retirement may increase and levels oftolerance for all generally, but then makes
police officers may drop (precisely what the publiclegislation targeting specific ethnic groups and
do not want to see).labelling them as 'potential' criminals or terrorists. It
This is a particular problem under Labour; theis not surprising, therefore, that organisations
Government wholeheartedly supportedwhich act on behalf of the Government in terms
Macpherson's report and ordered a review ofof law enforcement are accused of racism when
policing throughout England and Wales. Just athey use racial profiling to meet the expectation
couple of years later, however, further laws werethat anti-terrorism laws are being utilised and that
introduced empowering the police to makeaction is being taken to 'reduce crime' perpetrated
detentions based on racial profiling (due to theby specific groups (i.e. youths, street robbers and
events of September 11th in New York andburglary to name but three). It is difficult to fully
Washington); thus the Government sanctionedattribute any over-representation of black and
some form of racial discrimination for 'publicother ethnic minority groups in stop (or stop and
protection'. Even further, many of these lawssearch) policing methods to racism - institutional or
(despite opposition from some) allowed for theotherwise. There are undoubtedly other factors: if
detention of people without trial - thea person is known to be either associated directly,
Government was forced to review after the Lawor indirectly, with known criminals; if a person has
Lords ruled in favour of detainees who werea criminal record and/or has been in prison. Such
detained (usually in Belmarsh high security prison)factors will encourage police officers to stop such
without trial was incompatible with human rightspeople if they see them walking or driving around,
legislation. If this does not signify that society iseven if they have legitimate and reasonable rights
confused (and those who purport to act on itsto do so.
behalf) as to what constitutes racism and whatTargeting people because of prior criminal history
does not, what does? If the higher ranks of theis not unusual and one would suspect that the
police act in a particular way, or condone thepublic at large would expect officers to do so.
seemingly racist attitudes of their officers (by lackTargeting people due to racial or ethnic
of public or private condemnation) then it is notbackground is more difficult to justify however;
difficult to see how and why the police areeven if that person has a criminal record, any
considered racist, particularly by many groups ofstop by the police is likely to result in accusations
ethnic minorities.of racism. Officers who conduct such stops ought
For example, in the Macpherson report, it wasto try a little harder to understand the
specifically mentioned that the 'professionalbackground to which racism accusations are
incompetence' and 'failure of leadership by seniorbased and approach each stop (whether of a
officers' was core in the failure of the police in thewhite or black person) in a considerate and fair,
Lawrence murder inquiry. So what is thealbeit firm, manner. Respect is reciprocal and each
institutional racism with which the Metropolitanactor involved in such scenarios ought to be
Police were accused of? How is it defined?prepared to give and take; slightly lower levels of
According to Macpherson, it is: "collective failure ofaggression, a positive but sedate posture and no
an organisation to provide an appropriate anddoubt a little less authoritarian attitude may result
professional service to people because of theirin a lower levels of aggressive responses from
colour, culture or ethnic origin...seen or detected inthose who are stopped. A whole new experience
processes, attitudes and behaviour which amountof mutual understanding and even empathy of
to discrimination through unwitting prejudice,each person's perspective may mean more
ignorance, thoughtlessness and racist stereotypingpositive experiences for young ethnic minority
which disadvantages minority ethnic people."males which in turn would result in a less stressful
Justifying actions on the basis that a particularand less accusatory position of the officers.
group are more likely to partake in certainThus, in essence, the extent to which police
sanctioned conduct is part of the way in whichracism can be attributed to the apparent
we allocate resources for law and order. Ofdisproportionate overrepresentation of black
course, each side of the argument will statepeople, particularly young black men, in stop and
categorically that their position is the correct one,search statistics is truly difficult to state. In some
or that - if nothing else - the vast majoritycases, and in particular individual instances, there is
support their position and that on the whole, it isundoubtedly an element of racism when officers
the best method of policing. Thus, Sir Paulstop and search certain people, whether overtly
Condon, the Metropolitan Police Commissionerconducted or not. To attribute each stop and
himself denied that not only were the Metropolitansearch of a young black male as being racially
Police Service not racist, but that the definition ofmotivated, however, is not only false and harmful,
'institutional racism' itself was essentially indistinctbut discriminatory in itself. Officers may have
and variable, that it was impossible to label anysubtle prejudices which may affect their
institution in such a way! Nonetheless, once thejudgement when considering whether or not to
Lawrence Inquiry published it's findings, Sir Paulstop certain people, but they are not always
Condon accepted that his institution was racistrelated necessarily to ethnic status. It is far more
and ACPO accepted the definition - almostprobable that officers stop those people they feel
without complaint - along with Jack Straw, thenmatch descriptions of offenders or suspects and
Home Secretary.those who are of certain ethnic groups may be
According to O'Neill and Holdaway, the onlymore likely to meet such criteria. Whether this is
empirical evidence used to consider the questiondetermined by society as a whole, by
of institutional racism within police forces is theGovernments and/or by police officers
statistical data on stop and search but points outthemselves is something far more difficult to
the flawed nature of such evidence (i.e. that "theystate but it inevitably is an argument which will
are merely indicative of processes andrarely be out of the limelight.