Race, Police Discretion and Pretext: A Quantitative Analysis of Discretionary Traffic Stops

• In Event: Police Discretion in Stops and Searches

Abstract

Pretext in traffic enforcement is typically the idea that police sometimes stop drivers based on low-level, discretionary legal infractions (such as a minor vehicle defect) in order to search for illicit contraband or evidence of a more serious crime. Some suggest this practice is disproportionately used against racial minorities, particularly black and Hispanic motorists. There is some evidence in the literature to support this assertion (Harris 2002; Withrow 2006), though much of the evidence is anecdotal. There has been little quantitative analysis of pretext in the policing literature. Using data from the 2008 Police-Public Contact Survey, I test the pretext hypothesis by analyzing the relationship between driver characteristics and the reason for the traffic stop, distinguishing between stops that tend to be more discretionary and stops that tend to be less discretionary. The findings show some support for the hypothesis that police are more likely to stop minority drivers than white drivers for discretionary reasons. I discuss the implications and limitations of the study.

Author

• Jeremy Stone Briggs, Kansas State University