23-198 Stop Data Regulatory Update

The Department is required to comply with Assembly Bill 953 (AB953), the Racial and Identity Profiling Act (RIPA), which enacted Government Code section 12525.5, which mandates reportable stop information be collected. The SFPD collects this information via the Benchmark Stop Data System (BSDS).

The California Department of Justice and the RIPA Board, through a state level regulatory process, has enacted additional regulations that add and change data collection requirements. These changes will become effective January 1st 2024.

Training 
Officers shall review this notice and pass a short PowerDMS quiz to be considered trained. A training video is under development and will be released shortly.

A virtual POST course is offered by the California Department of Justice and is available for officers who wish to receive further context or information. Contact your Training Coordinator who will reach out to the Academy Professional Development Unit for details. Training Coordinators and Supervisors are highly recommended to attend. Some department members will be directed to attend.

Implementation
New data collection requirements will be seamlessly integrated into the BSDS form. Members will continue to log into BSDS and log stop data as before, however, starting 0001 January 1st, 2024, new and changed data fields will become available and associated regulatory changes to definitions and collection process will go into effect. For stops that occur on or before the cutover the 1st of January, BSDS will retain a ‘legacy’ entry form for 90 days to allow for late/corrected/final entries from 2023 to be captured.

New Fields & Changes to Current Fields 
29 new fields have been added, and 15 current fields have changed on the collection form. Relevant fields are summarized below:

Officer Information Section

• (Change) The “Type of Assignment of Officer” adds “Off Duty and/or working private event” and “Contracted by another law enforcement agency.”¹ For the purposes of the Department’s 10B PLES program officers shall select “Off Duty and/or working private event.”
• (New) “Race or Ethnicity of Officer” and “Gender of Officer” will be collected. This is considered PII and will not be released by the department, or State, per California Government Code 12525.5.
• (New) A new mandatory field, “Is the Reporting Officer with the non-primary agency for this stop, but the stop was made in conjunction with a non-reporting agency?” was added. Put more simply: Did this stop occur in conjunction with an agency that is not subject to RIPA reporting? (Remember, all California law enforcement officers except probation officers are subject to RIPA.) Officers will select Yes or No.

Stop Setting Section

• (New) “Type of Stop”: Members will select from Vehicular Stop, Bicycle Stop and Pedestrian Stop.²
• (Change) “Duration of Stop”: Members will account for the duration of stop from the time a member detains or searches until the time a person is free to leave or when the person is taken into physical custody and removed from the scene of the stop. The removal from the scene of the stop to end a stop is change to the previous requirement.
• (New) “Stop Made During the Course of Performing a Welfare or Wellness Check or an Officer’s Community Caretaking Function.” (Yes/No) The officer shall only select this data element if the stop was made during the course of performing a welfare or wellness check or the officer’s community caretaking function. A welfare or wellness check or an officer’s community caretaking function cannot be selected as a reason for a stop.³

Perception Data 

• (Change) “Perceived Sexual Orientation of the Person Stopped” replaces the “Person Stopped Perceived to be LGBT.” Also removes requirement that this field to be checked yes when selecting Transgender man/boy or Transgender woman/girl in the Perceived Gender of Person Stopped field.⁴
• (New) “Person Stopped Perceived to be Unhoused” (Y/N) refers to the officer’s perception that the person stopped is unhoused. When reporting this data element, the officer shall make their determination based on personal observation only, recognizing that the officer’s observation may not reflect the actual housing status of the stopped person.⁵
• (New) Members will select any of the following if relevant⁶:
  • (New) The stopped person is a passenger in a vehicle. (Y/N)
  • (New) Person was Inside a Residence and the Stop Occurred While Officer(s) were Present due to ANOTHER Person's Warrant, Supervision, House Arrest or Home Detention (Y/N)

Reason for Stop Section

•  The “Reason for Stop” field adds or changes the following:⁷
  • (new) “Probable cause to arrest or search.”
  • (new) “Probable cause to take into custody under Welfare and Institutions code section 5150.”
  • The “Reasonable suspicion that person was engaged in criminal activity” field adds or changes the following sub selections:
    • (new) Matched description of suspect’s vehicle or vehicle observed at the scene of a crime.
    • (change) Witness or victim identified stopped person as a suspect of a crime.
    • (change) Other reasonable suspicion or probable cause that a crime has occurred.
• (New) “Reason Given to the Stopped Person” refers to the reason for the stop the officer communicated to the stopped person at the time of the stop, as required under Vehicle Code section 2806.5. The reason communicated to the stopped person may be different from, or the same as, the actual primary reason why the officer made the stop, as selected among the data values under the Reason for Stop data element.⁸
  • (New) When reporting this data element, the officer shall identify the reason communicated to the stopped person, by selecting all of the following data values that apply. The officer should select the data values that best describes the reason communicated to the stopped person.
    • (NEW) If the data value(s) selected under this data element differ from the data value selected under “Reason for Stop,” the officer must explain why the officer communicated a different reason for the stop than was the actual, primary reason for the stop, as part of their brief explanation in the “Reason for Stop” narrative field. ⁹
    • (NEW) If the officer did not communicate to the stopped person a reason for the stop, the officer must explain the facts and circumstances that gave rise to a reasonable belief that withholding the reason for the stop was necessary to protect life or property from imminent threat, as part of their brief explanation in the “Reason for Stop” narrative field.¹⁰

“Reason Given to the Stopped Person”

• Traffic violation- Moving violation
• Traffic violation- Equipment violation
• Traffic violation- Non-moving violation
• Officer witnessed commission of a crime
• Matched suspect description
• Matched description of suspect’s vehicle or vehicle observed at the scene of a crime
• Witness or victim identified stopped person as a suspect of a crime
• Carrying suspicious object
• Actions indicative of casing a victim or location
• Suspected of acting as a lookout
• Actions indicative of a drug transaction
• Actions indicative of engaging in a violent crime
• Other reasonable suspicion or probable cause that a crime has occurred
• Probable cause to arrest or search
• Probable cause to take into custody under Welfare and Institutions Code section 5150
• Known to be on parole/probation/PRCS/mandatory supervision
• Knowledge of outstanding arrest warrant/wanted person
• Investigation to determine whether the person is truant
• Consensual encounter resulting in a search
• Possible conduct warranting discipline under Education Code sections 48900, 48900.2, 48900.3, 48900.4, and 48900.7
• Determine whether the student violated school policy
• Reason not communicated to the stopped person because the officer reasonably believed that withholding the reason for the stop was necessary to protect life or property from imminent threat

• (New) “Probable cause to arrest,” when used in the data value of “Probable cause to arrest or search” means a set of specific facts that would lead a reasonable person to objectively believe and strongly suspect that a crime was committed by the person to be arrested. “Probable cause to arrest” requires a higher standard of proof than “Reasonable suspicion.”¹¹
• (New) “Probable cause to search,” when used in the data value of “Probable cause to arrest or search” means a specific set of facts that would lead a reasonable person to objectively believe and strongly suspect that contraband or evidence of a crime would be found. “Probable cause to search” requires a higher standard of proof than “Reasonable Suspicion.”¹²
  • If either of the above probable cause fields are selected, officers will select all appropriate fields from the below. In addition, using the Department’s standard CJIS Offense Table, the officer shall identify the primary code section and subdivision of the suspected violation of law that formed the basis for the stop.

Probable Cause Type¹³

a. Officer witnessed commission of a crime 
b. Matched suspect description 
c. Matched description of suspect’s vehicle or vehicle observed at the scene of a crime 
d. Witness or victim identification of suspect stopped person at the scene as a suspect of a crime. 
e. Carrying suspicious object 
f. Actions indicative of casing a victim or location 
g. Suspected of acting as a lookout 
h. Actions indicative of a drug transaction 
i. Actions indicative of engaging in a violent crime 
j. Other reasonable suspicion or probable cause that a crime has occurred

Actions Taken Section

• (Change) “Actions Taken by Officer During Stop” has been split into “Non-Force Related Actions Taken by Officer During Stop” and “Force Related Actions Taken by Officer During Stop.” 

“Non Force Related Actions Taken by Officer During Stop”¹⁴

• Admission or written statement obtained from student • Asked for consent to search person *(Y/N)
• Asked for consent to search property *(Y/N)
• Asked for identification of stopped person’s passenger
• Asked whether the person is on parole, probation, PRCS, or some other form of mandatory supervision
• Curbside detention
• Field sobriety test conducted
• Patrol car detention
• Peace officer's canine used to search for, locate and/or detect contraband
• Person photographed
• Person removed from vehicle by order
• Property was seized
• Ran name of stopped person’s passenger (e.g., using patrol car computer or through a request to dispatch)
• Search of person was conducted
• Search of property was conducted
• Terry v. Ohio frisk/pat search of the person’s outer clothing was conducted
• Vehicle impounded
• None

“Force Related Actions Taken by Officer During Stop.¹⁵”

• Handcuffed or flex cuffed
• Baton or other impact weapon drawn
• Baton or other impact weapon used or other object (including a firearm) to strike or prod
• Chemical spray used (e.g., pepper spray, mace or other chemical irritants)
• Electronic control device pointed at person or sparked
• Electronic control device used in drive-stun mode
• Electronic control device used in dart-mode
• Firearm unholstered
• Firearm pointed at person
• Firearm discharged
• Impact projectile weapon pointed at person
• Impact projectile discharged or used (e.g., blunt impact projectile, rubber bullets or bean bags)
• Peace officer’s canine removed from patrol vehicle to gain compliance and/or for purposes of apprehending stopped person
• Peace officer's canine bit or held person
• Person removed from vehicle by physical contact
• Physical compliance tactics and techniques
• Use of vehicle in apprehension of stopped person
• None

Basis for Search Section

• (New) Under the “Basis for Search” field, when officers select “Consent Given” they will further select the form of consent: Verbal, Written or Implied by conduct.¹⁶
• (New) Basis for Search Narrative:
  • If a consent search is conducted, officers shall include a description of the specific conduct of the stopped person (i.e. the specific verbal statements, physical movements, or other behavior) that was reasonably interpreted by the officer as consent.¹⁷
  • (New) If the basis for the search is “Condition of parole/probation/PRCS/mandatory supervision,” officers shall describe how they learned of the search condition. For example, if the officer learned of the parole/probation/PRCS/mandatory supervision status after checking with dispatch, the officer would indicate that.¹⁸

Result of Stop Section

• (Change) The “Result of Stop” field adds “Written Warning” and “Verbal Warning” as a selectable option. If selected, officers will also select the appropriate CJIS offense code that is the basis for the warning.

Changes to Exceptions to Reporting

• (Change) Under “Peace Officer Interactions that Are Reportable Only if the Officer Takes Additional Specified Actions” a new exception has been added that exempts from entry “Any type of transit sweep where all transit passengers are detained for the purpose of determining whether they have paid transit fare¹⁹” unless the Officer takes certain other actions.
• (Change) Under “Peace Officer Interactions that Are Reportable Only if the Officer Takes Additional Specified Actions”, additional language has been added to the exemption for interactions at a person’s residence who is the subject of an arrest warrant, search warrant or search condition. Specifically, "A peace officer shall, however, report any interaction with a person who is the subject of an arrest or search warrant or search condition that takes place anywhere other than the person's residence."²⁰

Changes to Terms and New Definitions

• (Change) The term Hispanic/Latino(a) has changed to Hispanic/Latine(x) throughout the form.
• (Change) The terms Male, Female and Gender nonconforming have changed to Cisgender man/boy, Cisgender woman/girl and Nonbinary person, respectively throughout the form.²¹  
• (New) "Matched suspect description" means the stopped person's physical appearance matches the description of the physical appearance of person suspected of having committed a crime.²²
• (New) "Matched description of suspect's vehicle or vehicle observed at the scene of a crime" means the stopped person's vehicle matches the description of the suspect's vehicle or a vehicle observed at the scene of a crime. ²³
• (New) "Personally identifying information," "personally identifiable information," and "personal identifying information," as referenced in these regulations have the same meaning as "personal identifying information" as set forth in Penal Code section 530.55, subdivision (b), and includes an officer's badge number.²⁴
• (New) "Reasonable suspicion" requires that there is a set of specific facts that would lead a reasonable person to believe that the stopped person is committing a crime, recently committed a crime, or is about to commit a crime. Reasonable suspicion cannot be based solely on a hunch or instinct. "Reasonable Suspicion" requires a lesser standard of proof than "Probable cause to arrest or search."²⁵

/s/
WILLIAM SCOTT 
Chief of Police

¹ California Code of Regulations (CCR) § 999.226(a)(21)
² California Code of Regulations (CCR) § 999.226(a)(2) 
³ California Code of Regulations (CCR) § 999.226(a)(13) 
⁴ California Code of Regulations (CCR) § 999.226(a)(7) 
⁵ California Code of Regulations (CCR) § 999.226(a)(11) 
⁶ California Code of Regulations (CCR) § 999.226(a)(14)(A)2. 
⁷ California Code of Regulations (CCR) § 999.226(a)(14)(A)2.
⁸ California Code of Regulations (CCR) § 999.226(a)(15) 
⁹ California Code of Regulations (CCR) § 999.226(a)(15)(B) 
¹⁰ California Code of Regulations (CCR) § 999.226(a)(15)(C)
¹¹ California Code of Regulations (CCR) § 999.224(a)(14) 
¹² California Code of Regulations (CCR) § 999.224(a)(15) 
¹³ California Code of Regulations (CCR) § 999.226(a)(14)(C) 
¹⁴ California Code of Regulations (CCR) § 999.226(a)(16)(B) 
¹⁵ California Code of Regulations (CCR) § 999.226(a)(17)
¹⁶ California Code of Regulations (CCR) § 999.226(a)(16)(C)1.a. 
¹⁷ California Code of Regulations (CCR) § 999.226(a)(16)(C)2. 
¹⁸ California Code of Regulations (CCR) § 999.226(a)(16)(C)2. 
¹⁹ California Code of Regulations (CCR) § 999.227(d)(1)(E)
²⁰ California Code of Regulations (CCR)§ 999.227(d)(2) 
²¹ California Code of Regulations (CCR) $ 999.226(a)(6) 
²² California Code of Regulations (CCR) $ 999.224(a)10) 
²³ California Code of Regulations (CCR) $ 999.224(a)11) 
²⁴ California Code of Regulations (CCR) $ 999.224(a)12) 
²⁵ California Code of Regulations (CCR) $ 999.224(a)16)

Per DN 23-152, all sworn & non-sworn members shall electronically acknowledge this Department document in PowerDMS within (30) thirty calendar days of issuance. Members whose duties are relevant to this document shall be held responsible for compliance. Any questions regarding this policy should be sent to [email protected] who will provide additional information.