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Report Reveals California Cops Explicit Bias against African Americans

While the data show that most people consent to a search when asked by an officer, research from the report reflects that this “consent” is not necessarily voluntary because of the inherent power inequality between a law enforcement officer and a member of the public. 

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The Board’s analyses reveal significant disparities that warrant further examination of law enforcement practices. 
The Board’s analyses reveal significant disparities that warrant further examination of law enforcement practices. 

By Stacy M. Brown | NNPA Newswire

A new report has revealed that California law enforcement officers searched, detained on the curb or in a patrol car, handcuffed, and removed from vehicles more individuals perceived as Black than individuals perceived as white, even though they stopped more than double the number of individuals perceived as white than individuals perceived as Black.

California’s Racial and Identity Profiling Advisory Board’s report gathered information from 18 law enforcement agencies.

The data revealed that officers stopped 2.9 million individuals in 2020. Most were African Americans and members of the LGBTQ community.

The agency said that the data included what officers “perceived” to be the race, ethnicity, gender, and disability status of people they stopped, even if the perception was different from how the person identified.

According to the data, authorities search African Americans 2.4 times more than whites and disproportionately more than other racial and ethnic groups.

It also found that individuals officers perceived as transgender women were 2.5 times more likely to be searched than women who appeared cisgender.

Data for the report came from the state’s most important law enforcement agencies, like the California Highway Patrol.

However, the highway patrol didn’t include data analyzing stops based on gender identity.

All agencies must report the data in 2023.

“The data in this report will be used by our profession to evaluate our practices as we continue to strive for police services that are aligned with our communities’ expectations of service,” Chief David Swing, co-chair of the Board and past president of the California Police Chiefs Association, said in a statement.

The report further showed that Black and Hispanic individuals were more likely to have force used against them compared to white individuals, while Asian and other individuals were less likely.

Specifically, the odds of having force used during a stop were 1.32 times and 1.16 times as high for Black and Hispanic individuals, respectively.

Asian and other individuals whom officers stopped had lower odds of having force used against them (0.80 and 0.82, respectively) relative to the odds for those perceived as white.

Search discovery rate analyses showed that, when officers searched individuals, all races, or ethnic groups of color, except for Asian and Middle Eastern/South Asian individuals, had higher search rates despite having lower rates of discovering contraband than individuals perceived as white.

Furthermore, a search and discovery rate analysis show that officers searched people perceived to have a mental health disability 4.8 times more often and people perceived to have other types of disabilities 2.7 times more often than people perceived to have no disability.

Still, they discovered contraband or evidence at a lower rate during stops and searches of people with disabilities.

Officers used force against individuals perceived to have mental health disabilities at 5.2 times the rate at which they used force against individuals they perceived to have no disabilities.

The data show that Black and Hispanic/Latinx individuals are asked for consent to search at higher rates than white individuals.

Officers searched Black, Hispanic/Latinx, and multiracial individuals at higher rates for consent-only searches than all other racial/ethnic groups.

These consent-only searches resulted in lower rates of discovery of contraband (8.5%, 11.3%, and 13.0%, respectively) than searches of all other racial and ethnic groups.

The reason for the stop was a traffic violation in more than half of the stops where officers conducted a consent-only search (consent being the only reason for the search) of Black, Hispanic/Latinx, and Middle Eastern/South Asian individuals.

On the other hand, less than 30% of the consent-only searches of white people happened during traffic stops.

The people who wrote the report said that searches based on consent alone lead to fewer discoveries than searches based on reasonable suspicion or probable cause.

With consent-only searches, the rate of finding something was 9.2 percentage points lower for Black people than for white people.

“Given the disparities in the data on consent searches, the board questions whether consent searches are truly voluntary,” the authors wrote.

While the data show that most people consent to a search when asked by an officer, research from the report reflects that this “consent” is not necessarily voluntary because of the inherent power inequality between a law enforcement officer and a member of the public.

The research shows that this natural power imbalance is evident in vulnerable groups, such as people with mental health problems or young people, who may be more likely to give in to authority.

“Indeed,” the authors wrote, “RIPA data reflects that for both people with mental health disabilities and youth, a larger proportion of their stops that began as consensual encounters resulted in searches, as compared to people without mental health disabilities or adults.”

Board members said they carefully looked at the data about people who were stopped and searched because of their status as people under supervision.

The Board’s analyses reveal significant disparities that warrant further examination of law enforcement practices.

For example, officers performed supervision-only searches – where supervision status is the only basis for the search – of individuals perceived as Black at 2.8 times the rate at which they performed supervision-only searches of individuals they perceived as white.

Similarly, officers also performed supervision plus searches – where the officer had some other basis to search the person – of Black individuals at 3.3 times the rate they performed supervision plus searches of white individuals.

The rates of discovering contraband for supervision-only searches were lower for all racial/ethnic groups than white individuals; Black individuals had the most considerable difference in their discovery rate (-11.4 percentage points) compared to whites.

Officers also reported a higher proportion of supervision-only searches during stops for traffic violations (46.9%) than during reasonable suspicion stops (24.6%).

“These were just a few of the many disparities discussed in the report,” board members noted.

“Given the large disparities observed, the Board reviewed efforts by various law enforcement agencies to limit inquiries into supervision status as well as stops and searches on the basis of supervision status.

“The RIPA data further indicates that the practice of conducting supervision-only searches shows racial disparities that result in low yield rates of contraband or evidence.”

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Activism

Oakland Post: Week of March 6 – 12, 2024

The printed Weekly Edition of the Oakland Post: Week of March 6 – 12, 2024

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Activism

Who are the Alameda County District 4 Supervisor Candidates’ Top Campaign Contributors?

Below, we’ve listed each candidate’s 10 highest campaign contributors. For Miley, two of his top campaign donors also bought their own advertisements to support him and/or oppose Esteen through independent expenditures. Such expenditures, though separate from campaign donations, are also public record, and we listed them. Additionally, the National Organization of Realtors has spent about $70,500 on their own independent expenditures to support Miley.

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Jennifer Esteen. (Campaign photo) and Supervisor Nate Miley. (Official photo).
Jennifer Esteen. (Campaign photo) and Supervisor Nate Miley. (Official photo).

By Zack Haber

Nate Miley, who has served on Alameda County’s Board of Supervisors since 2000, is running for reelection to the District 4 supervisor seat.

Jennifer Esteen, a nurse and activist, is seeking to unseat him and become one of the five members of the powerful board that sets the county’s budget, governs its unincorporated areas, and oversees the sheriff, Alameda Health System, and mental health system.

District 4 includes most of East Oakland’s hills and flatlands beyond Fruitvale, part of Pleasanton and unincorporated areas south of San Leandro like Ashland and Castro Valley.

Voting is open and will remain open until March 5.

In California, campaign donations of $100 or more are public record. The records show that Miley has received about $550,000 in total campaign donations since he won the previous District 4 election in March 2020. Esteen has raised about $255,000 in total campaign donations since she started collecting them last July. All figures are accurate through Feb. 20.

While Miley has raised more money, Esteen has received donations from more sources. Miley received donations of $100 or more from 439 different sources. Esteen received such donations from 507 different sources.

Below, we’ve listed each candidate’s 10 highest campaign contributors. For Miley, two of his top campaign donors also bought their own advertisements to support him and/or oppose Esteen through independent expenditures. Such expenditures, though separate from campaign donations, are also public record, and we listed them. Additionally, the National Organization of Realtors has spent about $70,500 on their own independent expenditures to support Miley.

Nate Miley’s top campaign contributors:

The California Apartment Association, a trade group representing landlords and investors in California’s rental housing business, has spent about $129,500 supporting Miley’s election bid through about $59,500 in ads against Esteen$55,000 in ads supporting Miley, and $15,000 in campaign donations.

The independent expenditure committee Preserve Agriculture in Alameda County has spent about $46,025 supporting Miley through about $27,200 in their own ads, and $18,825 in donations to his campaign. Preserve Agriculture has supported reelection efforts for former Alameda County DA Nancy O’Malley, and Sheriff Greg Ahern, a republican. It’s received funding from ChevronPG&E, and a the California Apartment Association.

Organizations associated with the Laborers’ International Union of North America, or LiUNA, have donated about $35,000 in total. Construction and General Laborers Local 304, a local chapter of the union representing which represents over 4,000 workers, donated $20,000.

Laborers Pacific Southwest Regional Organizing Coalition, which represents 70,000 LiUNA members in Arizona, California, Hawaii and New Mexico, donated $15,000.

William ‘Bill’ Crotinger and the East Oakland-based company Argent Materials have donated $26,000. Crotinger is the president and founder of Argent, a concrete and asphalt recycling yard. Argent’s website says it is an eco-friendly company that diverts materials from landfills. In 2018, Argent paid the EPA $27,000 under a settlement for committing Clean Water Act violations.

Michael Morgan of Hayward, owner of We Are Hemp, a marijuana dispensary in Ashland, has donated $21,500.

Alameda County District 1 Supervisor David Haubert has donated $21,250 from his 2024 reelection campaign. He’s running unopposed for the District 1 seat.

SEIU 1021which represents over 60,000 workers in local governments, non-profit agencies, healthcare programs, and schools in Northern California, has donated $20,000.

UA Local 342, which represents around 4,000 pipe trades industry workers in Contra Costa and Alameda counties, donated $20,000.

The union representing the county’s deputy sheriffs, Deputy Sheriff’s Association of Alameda County, has donated $17,000.

Becton Healthcare Resources and its managers have donated $14,625. Becton’s mission statement says it provides “behavioral health management services to organizations and groups that serve the serious and persistent mentally ill population.”

Jennifer Esteen’s top campaign contributors:

Mary Quinn Delaney of Piedmont, founder of Akonadi Foundation, has donated $20,000. Akonadi Foundation gives grants to nonprofit organizations, especially focusing on racial justice organizing,

Bridget Galli of Castro Valley has donated $7,000. Galli is a yoga instructor and a co-owner of Castro Valley Yoga.

Rachel Gelman of Oakland has donated $5,000. Gelman is an activist who has vowed to redistribute her inherited wealth to working class, Indigenous and Black communities.

California Worker Families Party has donated $5,000. The organization’s website describes itself as a “grassroots party for the multiracial working class.”

David Stern of Albany has donated $5,000. Stern is a retired UC Berkeley Professor of Education.

Oakland Rising Committee—a collaborative of racial, economic, and environmental justice organizations—has donated about $3,050.

Fredeke Von Bothmer-Goodyear, an unemployed resident of San Francisco, has donated $2,600.

Robert Britton of Castro Valley has donated $2,500. Britton is retired and worked in the labor movement for decades.

Progressive Era PAC has donated about $2,400. Its mission statement says it “exists to elect governing majorities of leaders in California committed to building a progressive era for people of color.”

East Bay Stonewall Democrats Club has donated $2,250. The club was founded in 1982 to give voice to the East Bay LGBTQIA+ communities.

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Alameda County

Michael P. Johnson Garners Major Support in Run for Alameda County Superior Court Judge

Michael P. Johnson is running for Alameda County Superior Court Judge, Seat 12, after having been appointed as a temporary judge over the past five years. Hon. Charles Smiley, presiding judge of the Alameda County Superior Court, said he had “personally observed Michael’s professionalism as judge pro tem, and his work as a pro tem judge ranks among the finest in our country.”

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Hon. Michael P. Johnson Ballotpedia photo, Hon. Winifred Y. Smith, (ret.) ADR Services photo, Hon. Charles Smiley GovDelivery photo.
Hon. Michael P. Johnson Ballotpedia photo, Hon. Winifred Y. Smith, (ret.) ADR Services photo, Hon. Charles Smiley GovDelivery photo.

By Post Staff

Michael P. Johnson is running for Alameda County Superior Court Judge, Seat 12, after having been appointed as a temporary judge over the past five years.

Hon. Charles Smiley, presiding judge of the Alameda County Superior Court, said he had “personally observed Michael’s professionalism as judge pro tem, and his work as a pro tem judge ranks among the finest in our country.”

As a resident of Alameda County for over 30 years, Johnson served as assistant vice president and senior counsel for AT&T and Warner Media.

Johnson said, “For decades, I have been an active member of the Alameda County Bar Association (ACBA) as well as the ACBA’s non-profit Volunteer Legal Services Corp. (now, Legal Access Alameda).

“I have been honored to have served as the president of the Board of Directors for both organizations. I am a lifetime member of the Charles Houston Bar Association, a non-profit organization comprised of African American lawyers, judges, and law students throughout Northern California.”

Hon. Winifred Y. Smith (ret.), a past presiding judge for the county said, “The Alameda County Superior Court needs Michael Johnson. He is smart, has great judicial temperament and is a man of the community. I have known Michael for over 15 years and can attest to his qualities and qualifications to serve on the Alameda County Superior Court bench.”

Johnson told the Post that he was also a member of CABL (California Association of Black Lawyers) as well as the National Bar Association (a global network of African American attorneys and judges) and the American Bar Association.

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