Pretextual Traffic Stops: What the Public Should Know and Lawmakers Can Do
CLE and Public Webinar
Too often, police departments across the country use low-level traffic violations as a pretext to pull drivers over and “fish” for evidence of a serious crime.
A growing body of evidence, however, reveals that these pretextual traffic stops are detrimental to public safety and road safety alike – and are particularly harmful to communities of color. In recent months, communities across the county have been demanding an end to pretextual traffic enforcement, and lawmakers nationwide are responding with policies and legislation to protect communities by reining in the practice.
Join the Policing Project at NYU School of Law for a webinar on Tuesday, Feb. 27, 2024 at 2:00 pm ET– featuring Max Carter-Oberstone, Vice President of the San Francisco Police Commission; Charlotte Resing, Government Affairs Manager at the Center for Policing Equity; Jose Manuel Almanza, Director of Advocacy & Movement Building at Equiticity; and Captain Michael Harvey (Fmr.), Executive Director of the Rappahannock Regional Criminal Justice Academy – to discuss the harms of pretextual traffic stops and what lawmakers can do to protect drivers and their communities.
This webinar is eligible for CLE credit in New York State for both transitional and non-transitional attorneys. Upon completion, one credit hour will be awarded for the “areas of professional practice” category to attorneys. This webinar is free – no fee!
An Act to Curtail Pretextual Traffic Stops. The Policing Project. https://static1.squarespace.com/static/58a33e881b631bc60d4f8b31/t/63dc54409f248b0f17a6ae48/1675383884348/Pretext+Model+Statute.pdf
Type: Statute
This model statute was drafted by the Policing Project. It is the basis of our state legislative work and has informed bill language in several states.
Heydari, Farhang, The Invisible Driver of Policing (January 2024). Stanford Law Review, Vol. 76, 2024, https://www.stanfordlawreview.org/print/article/the-invisible-driver-of-policing/
Type: Law Review Article
This law review article provides an in-depth case study of the National Highway and Traffic Safety Agency’s (NHTSA) support for pretextual traffic stops. The article shows how administrative agencies such as the NHTSA have been drivers of over-policing and criminalization through support for small but outsized policies such as pretextual stops.
Reducing Racially Disparate Police Stops Around the Nation https://static1.squarespace.com/static/63d2d655b90633181eddd9f3/t/6575dea5bd2f9403a1e2c020/1702223533743/Case+Studies+Doc.pdf
Type: Report
This report by Impact for Equity profiles the journeys of some of the other jurisdictions taking action on traffic, bike, or jaywalking stops.
Redesigning Public Safety: Traffic Safety, https://policingequity.org/traffic-safety/60-cpe-white-paper-traffic-safety/file
Type: Report
This report by the Center for Policing Equity guides communities and policymakers on how to achieve this vision of traffic safety while ending pretextual traffic enforcement.
Panelists
Charlotte Resing, Manager of Government Affairs, Center for Policing Equity
Charlotte Resing is a Manager of Government Affairs with the Policy team at the Center for Policing Equity. Prior to joining CPE in May 2021, Charlotte spent years working on criminal justice reform at both the national and local level. Most recently, Charlotte provided technical assistance to counties and cities working to improve their crisis response to disrupt the cycle of incarceration. Before that Charlotte worked at the American Civil Liberties Union (ACLU) serving as a federal advocate for criminal justice reform and a drug policy expert.
Charlotte has a JD from the University of the District of Columbia, David A. Clarke School of Law, and received a BA from Tulane University.
Max Carter-Oberstone, Vice-President, San Francisco Police Commission
Max is the Vice-President of the San Francisco Police Commission. He is also an attorney that specializes in appellate litigation. He has litigated matters across a wide range of subject areas, both criminal and civil, with a particular emphasis on constitutional litigation. He was a Senior Associate in Orrick Herrington & Sutcliffe's Supreme Court & Appellate Group, and before that, an Associate Deputy Solicitor General at the California Department of Justice. In 2021, Max was an Orrick Justice Fellow at the Policing Project at NYU Law School, where he drafted model legislation on a range of policing-related topics. He also designed and implemented the Policing Project's Fourth Amendment impact litigation strategies.
Max graduated from Georgetown University with a double major in Finance and French, and has a J.D. from Stanford Law School. He clerked for the Hon. John T. Noonan jr. on the Ninth Circuit Court of Appeals, and for the Hon. Susan Y. Illston on the District Court for the Northern District of California.
Jose Manuel Almanza, Director of Advocacy & Movement Building, Equiticity
Jose is the Director of Advocacy & Movement Building at Equiticity. Born and raised in the westside of chicago, an area with generations of disinvestment and over policing. He enlisted in the United States Marine Corps as an Aviation Supply Specialist in 2008. After which, he resumed his educational career earning a B.A in Political Science and a Master’s in Public Administration from Roosevelt University. That is where he began organizing students and co-founded the Young Democratic Socialists of America chapter at Roosevelt in 2016. The Covid-19 pandemic re-activated Jose and he began organizing against gentrification and over-policing in Little Village. As a Transit Organizer, he led the Transit 4 All campaign that created Chicago’s very first city-wide transit riders union, fighting for a reliable and equitable public transit system. Dedicated to liberation and social justice, Jose Manuel leads Equiticity's advocacy efforts by bringing people together to build the collective power needed to create change.
Captain Michael Harvey (Fmr.), Spotsylvania County Sheriff's Office Spotsylvania, VA
Captain Michael Harvey (Fmr.) began his law enforcement career in 1998 as a patrol officer with the Town of Vinton, Virginia Police Department. In 1999, he transferred to the Spotsylvania County Virginia Sheriff's Office where he served as a patrol deputy, canine handler, emergency response team member, crisis negotiator, crisis intervention team instructor, patrol supervisor, school services supervisor and bicycle unit supervisor. In 2007, he was promoted to training lieutenant and was responsible for recruiting, hiring, and training for all department personnel. In 2009, he became Commander of the Professional Standards Division and oversaw the Evidence/Property, Internal Investigation, Training, Crime Prevention, and Criminal/Civil Warrants Units. In 2010, he was re-assigned as the Criminal Investigations Division Captain overseeing all major cases relating to crimes against children, rape, robbery, burglary, drug offenses, and homicides. In addition, he was also responsible for major internal investigations including officer-involved shootings, the asset forfeiture program and acted as the lead Public Information Officer for the Sheriff’s Office.
In 2013, Captain Harvey left policing. He is currently the Executive Director of the Rappahannock Regional Criminal Justice Academy, where he provides overall direction and vision for basic, in-service, and advanced training to over 2,300 criminal justice professionals and allied partners. Since 2016, he has served as Chief Executive Officer at the Rappahannock Regional Criminal Justice Foundation. He manages his own consulting firm, which focuses on providing training to public safety organizations in the areas of ethics, implicit bias, leadership, mental wellness, stress management, and mental health concerns. He holds a BS in criminal justice and forensic psychology from Kaplan University and a MA in Community Counseling from Argosy University. In 2023, he became an Executive Board Member on LEAP’s Board of Directors.
HOST
Krystan A Hitchcock, Senior Counsel, Policing Project at NYU Law
Krystan is Senior Counsel at the Policing Project. Previously, she worked at Everytown Law, where she represented cities, organizations, and survivors of gun violence in high-impact affirmative litigation. Before working at Everytown Law, Krystan worked at the New York City Administration for Children’s Services where she represented the agency in child abuse and neglect proceedings in the Bronx County Family Court.
Krystan is a graduate of Hampton University and NYU Law where she served as an Executive Editor on the Review of Law and Social Change.