Drivers in Farmers Branch should mind their speed and stops.
If an officer stops a motorist, it is because they have seen an infraction worthy of at least a written warning if not a citation.
This is one of the policies that brings the department into full compliance with Texas law prohibiting racial profiling. It requires officers to document whether they know the race or ethnicity of a motorist before the stop, which is the main tool allowing measurement of bias-based enforcement.
According to an independent analysis of data of 15,899 traffic stops made by Farmers Branch police in 2023, the department did not racially profile traffic stops in 2023, according to an independent analysis.
Justice Research Consultants LLC provided the report, which is required annually by the Texas Code of Criminal Procedures.
The report reveals that the Farmers Branch Police Department fully complies with the law, which requires a policy of no tolerance of racial profiling, training in bias-based/racial profiling for all officers, a formal complaint process and annual compilation and analysis of the department’s statistical data.
The report, “Farmers Branch Police Department 2023 Racial Profiling Analysis,” analyzed motor-vehicle stops by race and ethnicity, gender, the reason and result of the stop and, if the violator was arrested, what the arrest was based on.
“It’s important to note that in only 1.2 percent of the stops do the officers report knowing the race of the violator prior to contact. In bias-based policing, it’s taking enforcement action based on the race of the violator prior to contact,” Farmers Branch Police Chief Kevin McCoy told the Farmers Branch City Council during the March 5 study session.
That rate is less than half of the Texas average.
In an analysis of 1,186 Texas law enforcement agencies and more than 3.25 million traffic stops, the Texas Commission on Law Enforcement found that in 2.9 percent of traffic stops in Texas, the officer knew the race or ethnicity of the motorist before the stop.
The report uses the legal definition of racial profiling as law enforcement action based on a person’s race, ethnicity or national origin rather than on the person’s behavior or information identifying the person as having committed a crime.
Farmers Branch officers seldom know the person’s race or ethnicity prior to contact, which prevents them from racially profiling drivers.
However, at first glance, the data seems to indicate racial profiling because Black motorists are stopped at a much higher percentage than the percentage of the Black population in Farmers Branch, but the report’s authors write that use of the data in this way is inappropriate because there is no way to know who drives through the city and that drivers in the city do not necessarily reflect the city, county or region’s demographics.
The analysis provides city, county and regional populations for White, Black, Hispanic and Asian motorists though the report says not to compare that data to stops.
“Claims asserting racial profiling of an individual motorist from aggregate data utilized in this report are erroneous,” the report states.
The 2023 report used the most recent 2020 Census as a population base rate, which may be outdated or inaccurate and likely has not kept pace with changes in population in Farmers Branch, Dallas County or North Texas.
In addition, the base rate does not distinguish between residents and non-residents who are stopped.
“In sum, a valid measure of the driving population does not exist. As a proxy, census data is used, which is problematic as an indicator of the driving population,” the report states.
In addition, the report compared the percentages of written warnings and citations across race and ethnicity. Ninety-eight percent of stops result in written warnings or citations. No stops result in a verbal warning.
“The only way we can capture the racial profiling data is to issue the warning … Our policies don’t allow verbal warnings. It requires we do the racial profiling citation, which is the warning,” McCoy said. “You’re getting something written when you leave.”
White motorists received written warnings in roughly 70 percent of stops involving White motorists. Black motorists received written warnings in about 68 percent of stops involving Black motorists. Hispanic motorists received written warnings in about 65 percent of stops involving Hispanic motorists. Asian motorists received written warnings in roughly 73 percent of stops involving Asian motorists.
When compared to their own race or ethnicity, motorists receive a citation about a third of the time. White motorists are cited 28 percent of the time white motorists are stopped. Black motorists who are stopped receive citations 29 percent of the time. Hispanic drivers receive citations roughly 33 percent of the time Hispanic motorists are stopped. Asian motorists are cited in 27 percent of stops of Asian motorists.
Of the 15,899 stops, 311 arrests were made in 2023, about 2 percent of all stops.
Searches of motorists are most commonly based on probable cause, which McCoy said means that the officer saw or smelled something that allowed for the search.
Of the 760 searches conducted in 2023, 420 of them were for probable cause.
Contraband, which consisted of drugs, weapons, alcohol, stolen property as well as other items, were discovered in 375 of the searches, which was almost half of the searches.
Arrests are most often based on an outstanding warrant, violation of a traffic law or violation of the penal code.
“People have tickets that they don’t pay,” McCoy said.
Of the 311 arrests made in 2023, two resulted in bodily injury. In both cases, the officers were injured, and in one a suspect was also injured.
No complaints were made against the department in 2023, which McCoy said was the third year in a row.
“Nice work,” said Councilman Richard Jackson. “To have that many stops and zero complaints is a testimony to the clean policing, I’ll call it.”
The full report, “Farmers Branch Police Department 2023 Racial Profiling Analysis,” is located on the city’s website at https://farmersbranch.legistar.com/MeetingDetail.aspx?ID=1139528&GUID=CABFC2C3-BCC5-4096-9667-0609DC583F7A&Options=info|&Search=