Sunday, November 7, 2021

The Demand for Money Behind Many Police Traffic Stops

Busted taillights, missing plates, tinted windows: Across the U.S., ticket revenue funds towns — and the police responsible for finding violations.

By Mike McIntire and Michael H. Keller of The NY Times. Excerpts:

"A hidden scaffolding of financial incentives underpins the policing of motorists in the United States, encouraging some communities to essentially repurpose armed officers as revenue agents searching for infractions largely unrelated to public safety. As a result, driving is one of the most common daily routines during which people have been shot, Tased, beaten or arrested after minor offenses.

Some of those encounters — like those with Sandra Bland, Walter Scott and Philando Castile — are now notorious and contributed to a national upheaval over race and policing. The New York Times has identified more than 400 others from the past five years in which officers killed unarmed civilians who had not been under pursuit for violent crimes."

Fueling the culture of traffic stops is the federal government, which issues over $600 million a year in highway safety grants that subsidize ticket writing. Although federal officials say they do not impose quotas, at least 20 states have evaluated police performance on the number of traffic stops per hour, which critics say contributes to overpolicing and erosion of public trust, particularly among members of certain racial groups.

Many municipalities across the country rely heavily on ticket revenue and court fees to pay for government services, and some maintain outsize police departments to help generate that money, according to a review of hundreds of municipal audit reports, town budgets, court files and state highway records."

"A 2019 report by the American Civil Liberties Union of Ohio found that 1 in 6 traffic tickets in the state were issued in towns with mayor’s courts, which the A.C.L.U. called a “shadowy and unaccountable quasi-judicial system that wrings revenue from drivers.” The U.S. Supreme Court, as far back as 1927, flagged the inherent conflict in Ohio mayors imposing fines to pay “marshals, inspectors and detectives” who, in turn, generated cases."

"for every occasional lucky break, hundreds of innocent motorists are subjected to needless scrutiny, expense and potential danger.

“Because everybody on the road violates traffic laws, that allows the police, who are also in charge of criminal law enforcement, to investigate crime without meeting any of the standards required for criminal investigation,” said Sarah A. Seo, a law professor at Columbia University and the author of a history of traffic enforcement.

As early as the 1910s, Dr. Seo said, departments found that taking on traffic enforcement meant they could hire officers and expand their investigative powers. By 1920, traffic fines helped the Los Angeles police traffic division become “practically self-supporting,” according to an annual report at the time.

“We think that modern police departments and their power came from the need to fight crime,” Dr. Seo said. “Actually, it started with traffic enforcement.”

While tickets and the threat of punishment deter some would-be offenders, the need for municipalities to sustain that revenue model appears to be an incentive for many traffic stops today. An analysis of North Carolina court data by the Federal Reserve Bank of St. Louis found that “significantly more tickets” were issued when localities experienced financial difficulties, suggesting they were “used as a revenue-generation tool rather than solely a means to increase public safety.”

Thirty-one states and Washington, D.C., required annual vehicle inspections before 1976, but many dropped them over time, saying they failed to deliver safety benefits. Indeed, the Government Accountability Office found that vehicle component failure figured in only a small percentage of crashes, and there was no evidence that things like broken taillights were significant factors.

Nevertheless, state and local governments continue to profit from catching violations that are largely unrelated to traffic safety."

"Windsor is one of nearly 100 Virginia communities to receive federal grants encouraging tickets. The annual grants, awarded by state authorities, ranged last year from $900 to the village of Exmore for nabbing seatbelt scofflaws to $1 million to Fairfax County for drunken-driving enforcement. Windsor got $15,750 to target speeders.

There is little doubt that these grants affect the economics, and frequency, of traffic stops. In an interview, Windsor’s police chief, Rodney Riddle, denied having ticket quotas, though he suggested the “bean counters” in town hall might welcome the money.

But in a January email to officers, obtained through an open-records request, the chief pushed for enough tickets to comply with the grant paying the hourly cost of patrols.

“Please remember,” he wrote, “that you are required to write a minimum of two tickets per hour while on grant time and there is zero tolerance.”"

"The Virginia grants are a fraction of the roughly $600 million that the National Highway Traffic Safety Administration sends to states each year. Lucia Sanchez, a spokeswoman for the federal agency, said it did not encourage or require quotas or targets for grant recipients.

But a review of state grant applications found that the number of traffic stops is a common performance measure. In Arkansas, for instance, the goal was “three vehicle stops per hour” during grant-funded patrols, while in Madison, S.D., officers were required to “obtain two citations per grant hour.”"

"For all the billions spent to promote ticket-writing by police, there is little evidence that it has helped achieve the grants’ primary goal: reducing fatal car crashes.

In 2019 there were 33,244 fatal crashes nationwide, up from 30,296 in 2010. Traffic safety experts say targeted enforcement works, but improvements in automobile technology and highway engineering account for much of the progress since the 1970s and ’80s, when annual fatal crashes routinely exceeded 40,000."

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