City Notes Significant, Continued Decline in Pedestrian Stops in Latest Court Filing

PHILADELPHIA – The City’s latest report detailing aggregate data on the number and type of pedestrian stops in Philadelphia notes significant declines in the number of stops overall, and particularly steep reductions in the number of so-called ‘bad stops’ — those made without properly documented reasonable suspicion. This continues the trend since 2016 when Mayor Kenney took office.

The report, covering pedestrian stops for the first and second quarters of 2018, was filed today in the case Bailey, et al. v. City of Philadelphia, et al.  This report and the Plaintiffs’ were filed with the Federal Judge overseeing the case, the Honorable John Padova, as part of the monitoring process of the 2011 consent decree in the case.

The City’s report notes that the Philadelphia Police Department continues to achieve drastically reduced numbers of pedestrian stops occurring without officers properly documenting the requisite reasonable suspicion.  For the first and second quarters of 2018, PPD estimates only 16% (6,773 out of 41,661) of stops were made without properly documented reasonable suspicion. These are the lowest numbers of stops conducted without properly documented reasonable suspicion and total number of stops during any two quarters – separately or combined – since the onset of this litigation.  These numbers mark an enormous decrease from the estimated 95,977 stops in the first and second quarters of 2015 of which an estimated 53% (48,539) were made without properly documented reasonable suspicion.

Furthermore, the 41,661 total stops in the first two quarters of 2018 combined are far lower than the total number of stops for the comparable time periods in 2015 (95,977 stops during first two quarters), 2016 (80,877 stops during first two quarters), and 2017 (56,276 stops during first two quarters).  In fact, the total number of stops during the first two quarters of 2018 combined (41,661) is far lower than the number of stops during any single quarter since Mayor Kenney took office.  These decreases demonstrate the success of major changes in PPD policing practices in the area of pedestrian stops.

“The findings demonstrate clearly that the reforms instituted by Police Commissioner Ross since January of 2016 are leading to true progress,” said Mayor Kenney. “The progress is tangible: fewer total pedestrian stops and — most importantly — far lower percentages of ‘bad’ stops and those without properly documented reasonable suspicion. I applaud the Commissioner’s efforts to balance the goals of safeguarding constitutional rights while maintaining and enhancing public safety.  And I applaud the continuing cooperation between plaintiffs and the City to ensure this reform continues.”

Policies and procedures implemented by Commissioner Ross since January 2016 include:

  • The reporting process, for the first time, requires that District Captains perform regular audits of the “Pedestrian and Vehicle Investigation Reports” (Form 75-48A) filed by officers.  Previously, the audits were performed only by Divisional Inspectors and “Standards & Accountability” personnel.
  • District Captains, for the first time, have access to the 75-48A computer database “audit function” to allow for real time reviews.
  • Captains perform weekly audits of 75-48As. Previously, the audits were performed a quarterly basis.
  • The 75-48A review has been integrated into the CompStat process, wherein District Captains apprise Police Executive Staff of progress made.
  • Roll Call briefings include regular reminders of standards for pedestrian stops and frisks, and of the reporting process.
  • The entire reform process was the result of regular and close collaboration among the Police Commissioner, Deputy Commissioners, Chief Inspectors and Inspectors, who monitor its progress.
  • The Department has instituted progressive discipline for any officers who demonstrate repeated failure to conduct legally sufficient pedestrian stops or to prepare the 75-48A form properly.  Progressive discipline could also be applied to supervisors for failure to conduct regular and timely reviews of the reports.  This discipline ranges from verbal counselling and training to formal disciplinary charges.
  • District Captains and Divisional Inspectors are now directly responsible for corrective action on pedestrian stop reporting, including the drafting of response memorandums for errors and inconsistencies in the reporting by Officers.  Previously this was the responsibility of Inspectors.  Captains report up to the Regional Operations Command Chief on a weekly basis.
  • Standards and Accountability Division training now includes regular, detailed training for those units or squads that may be performing poorly with respect to 75-48A compliance.

The full report is available on request.  The City and Plaintiff will later submit additional reports to Judge Padova with their respective 14th Amendment-Racial Analyses of pedestrian stops.

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