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Annual Report Missouri Vehicle Stops 2020 PDF

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MMIISSSSOOUURRII VVEEHHIICCLLEE SSTTOOPPSS 22002200 AANNNNUUAALL RREEPPOORRTT MISSOURI ATTORNEY GENERAL’S OFFICE Missouri Vehicle Stops 2020 Annual Report Contents Introduction 3 Background 4 Statewide Metrics 5 Rates by Race 7 Total Stops Across Agencies 8 Citation, Arrest, Search and Hit Rates Across Agencies 9 Relative Hit Rates For the Top 25 Agencies 11 Disparity Index for Missouri 13 Number of Stops by Race 16 Search Statistics 17 Non-Compliant Agencies 18 Agencies with Zero Stops 19 Appendix Population Data 20 Differences Between Disparity Indices 21 Non-White Hispanic Population 22 Share of Total Agency Stops 23 2 Missouri Attorney General’s Office Missouri Vehicle Stops Annual Report ERIC SCHMITT Missouri Attorney General ERIC S. SCHMITT SERVES AS MISSOURI’S 43RD ATTORNEY GENERAL AND CHIEF LAW ENFORCEMENT AND LEGAL OFFICER. As the chief lawyer for the data as it relates to race, the State of Missouri, my job is to number of stops, the search protect each and every one of rate, contraband hit rate and our six million citizens from arrest rates. In 2019, we iden- crime, abuse and fraud, a re- tified several changes to ques- sponsibility I take very seri- tions that officers must an- ously. Our government, the swer when making a stop that shared responsibility between we believe will make future re- the citizens of our state and ports more informative. This the elected officials, must be a includes questions relating to framework that preserves all the officer’s assignment, the citizens’ rights to life, liberty residential zip code of the driv- Eric Schmitt and pursuit of happiness. er stopped and the reason for Missouri Attorney General issuing a citation or warning. The office of the Missouri At- This data will provide more torney General is required, context for the data collected by law, to collect data on the and be fully available in the demographics of the traffic 2021 report. stops made by law enforce- ment officers from across the As we seek to balance the state, and to report these find- rights of all citizens of our ings to the Governor and the state with the enforcement of public. Importantly, this data the rule of law, and the brave can help government and law men and women of law en- enforcement determine any forcement who put their lives issues with disparities related on the line every day to pro- to stops and searches. tect us, we will continue to improve this report. This report aggregates the traffic stops data from 590 law enforcement agencies across the state, breaking down the 3 Missouri Attorney General’s Office Missouri Vehicle Stops Annual Report BACKGROUND Concerns raised by the citizens the VSR. These changes will im- implementation efforts across of Missouri and the Missouri prove the information collected the state are ongoing. legislature regarding allega- for the report while allowing for tions of bias in traffic enforce- a fundamental shift in the level ment prompted the passage of analysis possible through The benefits of these changes of SB 1053 (2000). SB 1053 cre- the VSR. Three new questions are already manifested in the ated Section 590.650, RSMo. have been added to the report current VSR, which provides which became effective August that collect information on offi- more detail and in-depth analy- 28, 2000. This statute created cer assignment during the stop, ses than previous reports, while the Vehicle Stops Report and re- the residential zip code of the still retaining all information quired that the Attorney Gener- stopped driver, and the cause of contained in previous versions. al’s Office collect and report on citations and/or warnings issued The value of improving the VSR’s traffic stops conducted by law to the driver. In addition, other data collection framework can enforcement officers across the questions have been adjusted be seen in the results found by state of Missouri. for clarity or to improve the val- simply including drivers’ juris- ue of the data collected by add- diction residency status on VSR ing new response options. forms. Analysis of Figure 7 in the Under § 590.650, RSMo. all peace appendix reveals that, on aver- officers in the state must report age, only 35% of traffic stops specific information, including The most significant change to conducted by Missouri law en- a driver’s race, for each vehicle the VSR is the shift toward col- forcement agencies involved stop made in the state. Law en- lecting disaggregated data from residents of their jurisdiction. forcement agencies must pro- across the state. Currently, agen- This reveals a significant weak- vide their vehicle stops data to cies only report the aggregate ness in the disparity index, a the Attorney General by March 1, numbers of stops meeting the metric historically central to the and the Attorney General must criteria for each question broken VSR, since it uses jurisdictions’ compile the data and report to down only by the race and eth- resident population as a bench- the Governor, General Assembly, nicity of the individual involved mark for expected traffic stop and each law enforcement agen- in the stop. This reporting frame- patterns. cy no later than June 1 of each work prevents incident-level year. The law allows the Gover- analyses that could take into nor to withhold state funds from consideration other factors such The summary of statewide vehi- any agency that does not submit as driver age, driver sex, and cle stops data has been provided its vehicle stops data to the At- time of stop. Multi-variate analy- by Dr. Jeffrey Milyo, Professor torney General by the statutory sis of incident-level data will sig- and Chair of the Department of deadline. nificantly improve VSR analysis. Economics at the University of To allow for collection of inci- Missouri in Columbia; and Dr. dent-level data, the AGO moved Brittany Street, Assistant Profes- After reviewing analysis of the to implement an optional data sor of Economics at the Univer- Vehicle Stops Report (VSR) and collection framework that col- sity of Missouri at Columbia. conferring with law enforce- lects all variables for each stop ment leaders across the state an agency made during the year, in 2019, the Attorney General’s rather than just totals by race for Office (AGO) began implement- each agency. These changes be- ing comprehensive changes to came effective January 2020 and 4 STATEWIDE METRICS This report summarizes traffic stop data from 590 law enforce- ment agencies in Missouri that reported data for calendar year 2020. Of these, 22 agencies re- ported no traffic stops during the year. These agencies often contract out traffic enforcement to another agency covering their jurisdictions and focus on other enforcement activities. In total, this report represent 97.7% of the 604 active law enforcement agencies in the state. The state- wide data described in this sec- tion are also presented in the same manner for each agency in the attached agency reports. 5 Missouri Attorney General’s Office Missouri Vehicle Stops Annual Report STATEWIDE METRICS CONTINUED In 2020, the agencies filing re- es. COVID-19 also affected the the search rate per 100 stops in- ports recorded 1,162,905 ve- policy threshold for arrests as creased from 6.74 to 8.21. The hicle stops, resulting in 95,501 agencies sought to reduce jail search rate for the White popu- searches and 44,762 arrests. populations to the greatest ex- lation increased from 6.74 to Table 1 provides summary data tent possible. In addition, with 8.30, while the search rate for on stops, searches, arrests, and stay at home orders in place in the Black population fell slightly citations, broken out by race many areas of the state, there from 8.86 to 8.55. The total num- and ethnic group; this facilitates were simply fewer drivers on the ber of arrests declined 40% over comparisons across groups and road. Consequently, these fac- the last year; the arrest rate per over time using past reports. tors must be considered when 100 stops was 4.89 in 2019 and 1 More detailed data on vehicle comparing data for 2020 to prior decreased to 3.85 in 2020. The stops and outcomes of stops are (or future) years. For example, arrest rate for the White popula- listed in Tables 4 and 5, located there were almost 24% fewer tion decreased from 4.55 to 3.70, at the end of this report. 2 vehicle stops by police agencies while the arrest rate for the Black in 2020 compared to the prior population dropped from 6.21 in year, so that the stop rate per 2019 to 4.61 in 2020. The 2020 VSR should be viewed 100 persons – defined as (100 X in the context of the COVID-19 stops / 2019 population) --- de- pandemic, for example, it is creased from 32.23 in 2019 to very likely that COVID-19 led to 23.82 in 2020. The stop rate for a reduction in traffic stops dur- the White population fell from ing 2020 as law enforcement 29.67 to 22.64, and the stop sought to minimize inter-person rate for the Black population contact, with implications for fell from 57.7 to 38.77. Further, the reasons officers did decide in 2020, there were 7% fewer to conduct stops and search- searches compared to 2019, but 1 Race and ethnicity are recorded based on officer perception at the time of the vehicle stop. 2 The analysis in the report is based on the aggregated data reported by each agency. Thus, it relies on the assumption of accuracy in the reported data in terms of the tallying of stops and resulting outcomes, the distinction between resident and non-resident drivers, etc. 6 TABLE 1: RATES BY RACE FOR MISSOURI Total White Black Hispanic Native American Asian Other Population 2019 Population 4,881,733 3,964,827 539,702 170,858 22,504 99,131 143,442 2019 Population % 100 81.22 11.06 3.5 0.46 2.03 2.94 Totals All Stops 1,162,905 897,674 209,222 29,711 1,979 10,349 13,970 Resident stops 589,388 475,184 92,097 12,891 768 4,269 4,179 Searches 95,501 74,478 17,882 2,268 137 304 432 Contraband 28,961 20,275 7,547 798 59 119 163 Arrests 44,762 33,230 9,636 1,427 65 174 230 Citations 548,109 393,395 126,937 16,909 817 5,034 5,017 Rates Stop Rate 23.82 22.64 38.77 17.39 8.79 10.44 9.74 Stop Rate, Residents 12.07 11.98 17.06 7.54 3.41 4.31 2.91 Search Rate 8.21 8.3 8.55 7.63 6.92 2.94 3.09 Contraband Hit Rate 30.33 27.22 42.2 35.19 43.07 39.14 37.73 Arrest Rate 3.85 3.7 4.61 4.8 3.28 1.68 1.65 Citation Rate 47.13 43.82 60.67 56.91 41.28 48.64 35.91 Notes: The American Community Survey five-year population estimates for ages 16+ as of 2019 are used for Missouri. The ACS only provides race-specific Hispanic estimates for White, meaning non-White Hispanic residents are double-counted in the 2019 race percentages above. Stop rate = (stops / 2019 population) X 100. Stop rate, residents only = (stops by residents / 2019 population) X 100. Search rate = (searches / stops) X 100. Contraband hit rate = (searches with contraband found / total searches) X 100. Arrest rate = (arrests / stops) X 100. Citation rate = (citations / stops) X 100. Table 1 also lists the number of traffic stops for residents of the community served by a particular agency. Stop rates are therefore calculated for all stops and for the subset of vehicle stops involving only residents. However, because only aggre- gate data is required to be reported by agencies, it is not possible to calculate search rates, arrest rates, etc. for residents, nor is it possible to break down the detailed data in Tables 4 and 5 (below) for residents only. In the future, as more agen- cies report incident-level data, a more detailed breakdown of data by residence will be feasible. For consistency and ease of exposition, all subsequent discussion of these data refers to total vehicle stops by agencies. 7 FIGURE 1: TOTAL STOPS ACROSS AGENCIES FOR MISSOURI (a) Total stops, pop. below median (b) Non-white total stops, pop. below median 5000 5000 4000 4000 ops 3000 ops 3000 st st otal 2000 otal 2000 t t 1000 1000 0 0 0 500 1000 1500 2000 2500 0 500 1000 1500 2000 2500 population population Agency stops Fitted line Agency stops Fitted line (d) Non-white total stops, pop. below 95th (c) Total stops, pop. below 95th percentile percentile 15000 8000 s 10000 6000 op ps total st 5000 otal sto 4000 t 2000 0 0 0 10000 20000 30000 40000 50000 0 10000 20000 30000 40000 population population Agency stops Fitted line Agency stops Fitted line (e) Total stops, all (f) Non-white total stops, all 60000 25000 20000 s 40000 s op op 15000 st st al al ot ot 10000 t 20000 t 5000 0 0 0 200000 400000 600000 800000 0 50000 100000 150000 200000 250000 population population Agency stops Fitted line Agency stops Fitted line Figure 1 provides more context by comparing traffic stops by agencies to their associated community population for both the total population (left side) and the non-white population (right-side) in each community. For example, the Columbia Police Department is matched to the total and non-white population for the city of Columbia, and so on. Agencies that do not match directly to census geographies, such as university and airport police, are assigned a population of zero. 8 The panels in Figure 1 are split across three rows according to community size; this facilitates comparisons across agen- cies serving similar-size communities. The panels in the first row focus only on agencies serving smaller communities (less than median population, or 2,475 persons), while the second row of panels covers agencies serving all but the largest 5% of cities (i.e., communities with less than 46,979 persons) and the last row of panels includes all agencies, except the Mis- souri State Highway Patrol. Each panel in Figure 1 also includes a “best fit” line that indicates the relationship between stops and population (i.e., the stop rate for the agencies and communities listed in each panel). The agency detailed reports replicate Figure 1 and highlight the location of each agency in this figure, which facilitates comparisons to other agencies. Notes: Figure (a) depicts the total number of stops for all agencies with a total population less than the median popula- tion size (2,475 persons) in Missouri plotted against population size. Similarly, Figure (b) shows the total number of non- white stops by the non-white population size for each agency for those same agencies. Figures (c) and (d) follow the same format but for agencies with a total population less than the 95th-percentile (46,979 persons). Finally, graphs (e) and (f) graph all agencies, except the Missouri State Highway Patrol, which covers the entire state. Population is measured using the 2019 American Community Survey 5-year estimates for Missouri. The ACS only provides race-specific Hispanic estimates for Whites. To avoid double counting, we calculate the total non-White population as the total population minus the Non- Hispanic White population for each agency. Agencies without population (e.g., university police) are considered to have a population of zero. FIGURE 2: CITATION, ARREST, SEARCH AND HIT RATES ACROSS AGENCIES FOR MISSOURI Figure 2 describes the other outcomes of interest for vehicle stops (i.e., arrests, citations, searches and the discovery of con- traband during a search, or “hits”), by the agency. The data are reported as rates, for all stops (left side) and for only stops involving the non-white population (right side). (a) Arrest and citation rate (b) Non-white arrest and citation rate 1 mean citation rate = 0.35 1 mean citation rate = 0.37 .8 .8 arrest rate ..46 arrest rate ..46 .2 .2 mean arrest rate = 0.05 mean arrest rate = 0.04 0 0 0 .2 .4 .6 .8 1 0 .2 .4 .6 .8 1 citation rate citation rate (c) Search and hit rate (d) Non-white search and hit rate 1 mean hit rate = 0.4 1 mean hit rate = 0.45 .8 .8 search rate ..46 search rate ..46 .2 .2 mean search rate = 0.08 mean search rate = 0.09 0 0 0 .2 .4 .6 .8 1 0 .2 .4 .6 .8 1 hit rate hit rate Notes: Figure (a) graphs the arrest rate and citation rate for all agencies in Missouri. Similarly, Figure (b) graphs the arrest rate and cita- tion rate for all non-white stops. Figure (c) graphs the search rate and hit rate for all agencies in Missouri. Similarly, Figure (d) graphs the search rate for all non-white stops and hit rate for all non-white searches. 9 The panels in the first row of Figure 2 show the distribution of agency citation rates and arrest rates per 100 stops compared to the average rates for all agencies. Agencies located in the upper right quadrants of these figures exhibit higher than average arrest and citation rates, while those in the lower left quadrant exhibit lower than average rates for both arrests and citations. 3 The panels in the second row of Figure 2 describe the search rate per 100 stops and the contraband hit rate per search, as well as the mean for these rates across all agencies. Agencies in the lower right quadrant conduct relatively few searches with higher contraband hit rates. Agencies in the upper left quadrant conduct relatively more searches with fewer contraband hit rates. The agency detail reports replicate Figure 2 and highlight the location of each agency in the figure. DATA LIMITATIONS FOR COMPARING DIFFERENCES When comparing these summary metrics across agencies or different population groups, several caveats must be considered. First, driving patterns and the composition of the driving population vary across communities. Second, traffic enforcement, the frequency of calls to police, and discretionary stops and searches also vary across agencies. Consequently, agencies may exhibit different stop rates or search rates due to the composition of drivers encountered by the agency, the enforcement poli- cies implemented by the agency, or some combination of these and other factors. For example, traffic stops that are the result of investigative stops or emergency calls may generate higher arrest rates than stops resulting from the enforcement of speed limits. Similarly, an arrest will almost always lead to a search, while searches of motorists during routine traffic stops are likely more rare and highly discretionary. Any comparison of search rates and hit rates must then consider the frequency of discretionary searches. As more agencies report incident-level data, accounting for such distinctions may become possible in subsequent reports. The same caveats apply when examining disparities in traffic stops and resulting outcomes across racial and ethnic groups. Observed differences may result from differential impacts of policing, differential treatment by police, or some combination of these and other factors. Differential impact refers to sources of disparities that are not a direct result of bias on the part of officers conducting vehicle stops. An example of differential impact would be if one population group has more outstanding warrants on average, then that group would have a higher arrest rate not because officers’ actions were different with respect to each group, but because the same enforcement action, arresting drivers with outstanding warrants, disproportionately im- pacts one group more than another. Similarly, existing patterns of residential concentrations by race may result in a differential impact of policing across racial and ethnic groups if officers more intensively patrol some beats due to more calls for service, higher crime rates, or other factors. The sources of disparate impacts are themselves of interest and should be considered by policymakers and the public, but they are not the direct result of differential treatment by officers conducting vehicle stops. Consequently, the presence of large or persistent disparities is not necessarily an indication of bias in policing. For these reasons, no single metric is capable of iden- tifying or disproving bias in policing. Instead, these data are presented for the purpose of informing a continuing conversation among the public and policymakers regarding differences in traffic stops and outcomes across agencies, as well as the sources of disparities in these measures across racial and ethnic groups. DIFFERENTIAL HIT RATES In addition to the metrics described in Table 1 above, a frequently employed proxy for bias in searches is the difference in con- traband “hit rates” across groups. The logic of comparing hit rates is as follows: i) if discretionary searches are conducted for the purpose of discovering contraband, and ii) police search motorists only when they estimate that the probability of finding contraband exceeds some threshold (e.g., 30%), then unbiased search behavior will result in a hit rate that is equalized across groups, although search rates may vary across groups. For example, if one group is more likely to possess contraband, then unbiased search behavior will lead to a higher search rate for that group, until the probability of finding contraband is equalized across different groups. Consequently, differences in hit rates are an indicator of differential treatment, while differences in search rates are not necessarily an indicator of differential treatment. The analytical benefit of differential hit rates is based on the maintained assumption that searches are discretionary. How- ever, this is not always the case. As an example, many agencies have a policy of searching any individual being arrested for obvious reasons of officer safety and investigative integrity. Thus, a high number of arrests might skew the hit rate with non- discretionary searches. The aggregate data reported by most agencies does not allow for any distinction between discretion- ary and non-discretionary searches, but as more agencies report incident-level data, such a distinction will be feasible. Yet another consideration is that large differences in search rates across groups may be considered problematic even if hit rates are equalized across racial and ethnic groups, since searches are invasive. For this reason, it is useful to consider the frequency of searches alongside hit rates. Finally, because searches are relatively infrequent, a comparison of differential hit rates is not informative unless there are a sufficient number of searches conducted for each population group. 3 Agencies that conduct very few stops will be more likely to cluster at quotients of small values, such as 0, 0.5, and 1 for the ar- rest and citation rates. 4 Agencies that conduct very few searches will be more likely to cluster at quotients of small values, such as 0, 0.5, and 1 for the search and hit rates. This effect is particularly noticeable in the non-White search and hit rate charts due to smaller raw counts of 10 searches for this population.

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