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Patricia Warren Rebuttal Opinion on Racial Profiling in Denson v City of Tallahassee 2011

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James V. Cook
From:

Sent:
To:

Subject:
Attachments:

James V. Cook
Friday, January 28,201111:52 AM
Michael P. Spellman Esq. (mspellman@sniffenlaw.com); Billy Hendrix
(Billy.Hendrix@talgov.com); Ginger Barry (gbarry@broadandcassel.com)
Denson v. COT, Patricia Warren report
DensonR Warren opinion. pdf

Here is the Patricia Warren rebuttal opinion on racial profiling in the Denson case. You already have her vitae. Let me
know if we are lacking anything.
James V. Cook
Law Office of James V. Cook
314 West Jefferson Street
Tallahassee, FL 32301

850222-8080; 850 561-0836 fax
904417-8087 cell
cookjv@nettally.com
A Civil Rights Practice

1

Patricia Y. Warren, PhD
Racial Profiling Scholar
1575 Paul Russell Road Unit #2902
Tallahassee, FL 32301
413-214-3948
pwarren836@comcast.net
January 26, 2011

James V. Cook, Esq.
Law Office ofJames Cook
314 West Jefferson Street
Tallahassee, Florida 32301
Per your request, I have reviewed the 2007-2009 annual reports issued by the Tallahassee
Police Department (TPD), TPD's General Orders Manual (revised 8/30/2010), Expert
witness report authored by Mr. Robert Pusins, Denson's Lawsuit Complaint, the Internal
Affairs Report (1.1.09-12) and TPD's Incident Report (Case #00-09-006797) in order to
evaluate the probability ofTPD's engagement in racially biased policing. I have carefully
evaluated the documentation and have issued my opinion in the statement below.
Although I have not served as an expert witness in court, I have published extensively on
the topic and my work has appeared in some of the top journals in the field of
criminology. In addition, I was a part of a team of scholars in North Carolina to assess
racial profiling among the North Carolina Highway Patrol. In addition, I served as a
consultant for the American Civil Liberties Union ofNorth Carolina as well as the Impact
Fund in order to identify the best strategies for studying racial profiling.
The opinions expressed in this report are the undersigned and I reserve the right to
modify any and all opinions expressed in this report should new evidence or information
become available.
Please note that my fee schedule is also enclosed with this document.
Sincerely,
,

J

~-+-

__

vvvvvvY.~

atricia Y. Warren

1

Patricia Y. Warren, PhD
Racial Profiling Scholar
1575 Paul Russell Road Unit #2902
Tallahassee,FL 32301
413-214-3948
Pwarren836@comcast.net

James V. Cook, Esq.
Law Office ofJames Cook
314 West Jefferson Street
Tallahassee, Florida 32301

HE: Denson v. City of Tallahassee
Dear Attorney Cook:
Racial profiling, a term used to descnbe police organizations targeting or stopping an
individual based primarily on race or ethnicity, rather than on individualized suspicion
became politicized in the late 1990s when police departments came under scrutiny for
disproportionately targeting minority drivers. As a result ofthe numerous complaints
launched against law enforcement agencies across the US, many police jurisdictions
began collecting data to assess the extent and nature ofracially biased policing within
their jurisdiction. The purposes ofthe data are to ensure that officers are not violating
civil rights by stopping drivers because oftheir race and/or ethnicity.
In an effort to assess their enforcement practices, The Tallahassee Police Department
(TPD) has examined their enforcement data and I have reviewed their annual reports
from 2007 - 2009. TPD has also secured a police expert, Mr. Robert Pusins in order to
assess if actions oftheir department are consistent with the operating procedures as
outlined in TPD's operating manual. In Mr. Pusins' report he notes that in his
professional opinion TPD does not "permit racial profiling or disparate treatment of
African Americans." He further argues that in the Tallahassee Police Department's
(TPD) Standard Operating Procedures Manual, the department specifically prohibits any
enforcement action on the basis of race, gender, sexual orientation, religion, creed or
national origin. While, their procedural manual may formally prohibit racially biased
policing, further investigation is warranted because based upon the annual reports
produced by TPD, there are significant racial differences in stops and searches and I have
highlighted these pronounced disparities below.

First, in the 2009 annual report, stops ofAfrican American drivers increased from 7,961
in 2007 to 10,439 in 2009. The department suggests that the increased number of stops in
2009 results from higher police enforcement in areas with higher rates of crime and
incivilities. If the increased enforcement is not driven by a racialized process then the

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higher number of stops should also yield higher rates ofarrest and citations among
African American drivers because they are more frequently violating the law; which is
what precipitated the increased number ofstops. The point here is that racially biased
policing is an inefficient way to enforce the law because individuals will be stopped at a
rate that is not proportional to their rate ofoffending. There is no evidence from Mr.
Pusins' report that he examined these issues or any enforcement data produced by TPD
before concluding that racial profiling is not a problem for this policing organization
Moreover, Pusins acknowledges reviewing a list ofdocuments in preparation for his
report however none ofthe documents include the Tallahassee Police Department's stop
and search data. This severely impairs his ability to fully assess the scope ofTPD's
policing practices, especially as it relates to racially biased policing.
Moreover, African American drivers are approximately two times as likely to be
subjected to a consent search compared to White drivers. These odds are most
pronounced for Black males because they are subjected to a consent search
approximately two to four times the rate of White males. These numbers are particularly
surprising given the fact there is no evidence presented in TPD's annual reports from
2007-2009 that Black males are offending at higher rates. I am emphasizing the relevance
ofconsent searches because they are discretionary searches that result from police
suspicion that the individual is engaged in illegal activity. Prior research assessing racial
profiling has identified consent searches as the type of search most likely to exhibit racial
bias (see Perisco and Todd 2008; Smith et al. 2003; Harris 2002). These searches are very
different than probable causes searches because probable cause searches require the
officer to have reasonable beliefthat the individual is more likely than not engaged in
criminal activity which justifies the search.
It is important to note here that the annual reports produced by TPD do not present any

information about the probability offinding contraband. Since African Americans are at
least two times as likely as Whites to be subjected to a consent search, then the
probability of seizing contraband should be approximately equivalent. Otherwise, it
potentially suggests that the officers are using some other non-legal mechanism (i.e.,
race, gender) for deciding whom to subject to a consent search. The department has
failed to present these data therefore further investigation is warranted
Although written warnings are not discussed in TPD's annual reports they are important
toward understanding the practice ofracial profiling because they can be used as a pretextual stop in order to investigate if the individual is involved in criminal activity. In the
North Carolina Highway Traffic Study (Smith et al. 2003) the authors found more
pronounced racial disparity in written warnings than in citations. The authors dually note
that while it may be evidence of more lenient treatment it can also be evidence that the
officers are stopping vehicles and giving them warnings as a pretext to looking for signs
of contraband or other illegal activity.
After careful evaluations ofTPD's annual report as well as the report produced by their
expert witness, I must conclude that it is probable that the officers ofthe Tallahassee
Police Department are engaging in racial profiling. In order to more fully understand and

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substantiate claims of bias a more thorough and complicit investigation is strongly
encouraged. This can be accomplished by a systematic evaluation ofall ofTPD's
enforcement actions. This includes stops, written warnings, citations, searches and use of
force. Without systematically examining these enforcement data, conclusive statements
cannot be made about the department's adherence to their own operating procedures.
Although Mr. Pusins report suggests that the practices of TPD officers are consistent with
the policies outlined in their General Orders, this claim cannot be fully substantiated
without more systemic analysis of the enforcement practices of TPD.
Sincerely,

'ciaY,W~~

5

References

Persico, Nicola and Petra Todd 2008. The Hit Rates for Racial Bias in Motor Vehicle
Searches. Justice Quarterly, 25(1): 37-53.
Harris, David 2002. Profiles in Injustice: Why Racial Profiling Cannot Work. New
York: New Press.
Smith, William R, Donald Tomaskovic-Devey, Matthew Zingraff, H Marcinda Mason,
Patricia Y. Warren, Cynthia Pfaff Wright, Harvey McMurray, and C. Robert
Felon. 2003. The North Carolina Highway Traffic Study. Final Report to the
National Institute ofJustice. Washington, DC: U.S. Department ofJustice.

6

SCHOLARLY PUBLICATIONS
2010

Uke, Toya and Patricia Y. Warren. (Forthcoming) "Routine Activities and Female
Victimization: Race and Etbnicity at Its Intersection." Violence and Victims.

2010

Warren, Patricia. Ted Chiricos, William Bales. (Forthcoming) ''The Imprisonment
Penalty for Young Black and Hispanic Males: A Crime-Specific Analysis." Journal of
Research in Crime and Delinquency.

2010

Warren, Patricia. (Forthcoming) "Inequality by Design: The Connection between Race,
Crime, Victimization and Social Policy." Criminology and Public Policy.

2010

Warren, Patricia. (Forthcoming) "The Continuing Significance of Race: An Analysis of
Trust across Two Levels ofPolicing." Social Science Quarterly.
{December 2010 publication date}

2009

Warren, Patricia and Donald Tomaskovic-Devey. (2009). "Racial Profiling and
Searches: Did the Politics of Racial Profiling Change Officer Behavior?" Criminology
and Public Policy, 2:343-370.

2009

Warren, Patricia and Amy Farrell. "The Environmental Context ofRacial
Profiling." The Annals ofthe American Academy ofPolitical and Social Science,
623(1):52-63.

2009

Tomaskovic-Devey, Donald and Patricia Y. Warren. 2009. "Racial Profiling:
Generating and Containing Racial Bias." Context, 8(2), 34-39.

2008

Patricia Y. Warren. "Perceptions ofPolice Disrespect During Vehicle Stops: A RaceBased Analysis." Crime and Delinquency. {Printed Online first May 9, 2008}

2006

Patricia Y. Warren, Donald, Tomaskovic-Devey, William R. Smith, Matthew Zingrafl:
Marcinda Mason. "Driving While Black: Bias Processes and Racial Disparity in Stops."
Criminology, 44(3), 709-736.
Reprinted in Rice, Stephen K. and Michael D. White (Eds). Race, Ethnicity and
Policing: New and Essential Readings. Forthcoming (March 2010). New York
University Press.

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Patricia Y. Warren, PhD
Racial Profiling Scholar
1575 Paul Russell Road Unit #2902
Tallahassee, FL 32301
413-214-3948
pwarren836@comcast.net
FEE SCHEDULE

Case Review/Documentation Review

$125/hour

Court Deposition and Testimony

$350 retainer + $350/hour (2
hour minimum) or any part of
an hour. Payments are due
the day ofcourt/deposition
unless other arrangements
have been made.

Should this case require court testimony a retainer in the amount of $350 is required prior

to any additional work beginning.

I do not charge for normal telephone conversations.
I charge a minimum of2 examination hours on any case that proceeds to court.
Sincerely,
Patricia Y. Warren
TIN 240-41-0548

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December 2010

CURRICULUM VITAE
Patricia Yvonne Warren
College of Criminology and Criminal Justice
The Florida State University
634 West Call Street
Tallahassee, Florida 32306
Email: pwarren@fsu.edu
Phone: 850-644-5587
EDUCATION
2005 Ph.D., North Carolina State University, Department of Sociology and Anthropology,
Raleigh, North Carolina.
1999

M.S., North Carolina Central University, Criminal Justice Department
Durham, North Carolina

1994

B.S., North Carolina Central University, Criminal Justice Department, Durham, North
Carolina

DOCTORAL DISSERTATION
„Race, Class and Trust: Perceptions of the Police in North Carolina.‟
Chair: Professor Donald Tomaskovic-Devey. Committee Members: Dr. Matthew Zingraff, Dr.
William Smith and Dr. Melvin Thomas.
PROFESSIONAL EXPERIENCE
2006-Present
Assistant Professor, College of Criminology and Criminal Justice, Florida
State University
2005–2006

Assistant Professor, Department of Sociology, University MassachusettsAmherst

2004-2005

Research Associate, Research Triangle Institute, Research Triangle Park,
North Carolina

PUBLICATION(S)
Articles
2010 Like, Toya and Patricia Y. Warren. (Forthcoming) “Routine Activities and Female
Victimization: Race and Ethnicity at Its Intersection.” Violence and Victims.
2010 Warren, Patricia. Ted Chiricos, William Bales. (Forthcoming) “The Imprisonment
Penalty for Young Black and Hispanic Males: A Crime-Specific Analysis.” Journal of
Research in Crime and Delinquency.
2010 Warren, Patricia. (Forthcoming) “Inequality by Design: The Connection between Race,
Crime, Victimization and Social Policy.” Criminology and Public Policy.
2010

Warren, Patricia. (Forthcoming) “The Continuing Significance of Race: An Analysis of
Trust across Two Levels of Policing.” Social Science Quarterly.
{December 2010 publication date}

December 2010

2009

Warren, Patricia and Donald Tomaskovic-Devey. (2009). “Racial Profiling and
Searches: Did the Politics of Racial Profiling Change Officer Behavior?” Criminology
and Public Policy, 2:343-370.

2009

Warren, Patricia and Amy Farrell. “The Environmental Context of Racial
Profiling.” The Annals of the American Academy of Political and Social Science,
623(1):52-63.

2009

Tomaskovic-Devey, Donald and Patricia Y. Warren. 2009. “Racial Profiling:
Generating and Containing Racial Bias.” Context, 8(2), 34-39.

2008

Patricia Y. Warren. “Perceptions of Police Disrespect During Vehicle Stops: A RaceBased Analysis.” Crime and Delinquency. {Printed Online first May 9, 2008}

2006

Patricia Y. Warren, Donald, Tomaskovic-Devey, William R. Smith, Matthew Zingraff,
Marcinda Mason. “Driving While Black: Bias Processes and Racial Disparity in Stops.”
Criminology, 44(3), 709-736.

2

Reprinted in Rice, Stephen K. and Michael D. White (Eds). Race, Ethnicity and
Policing: New and Essential Readings. Forthcoming (March 2010). New York
University Press.
Encyclopedia Entries/Book Reviews
2009 Patricia Y. Warren. “Book Review of Race and Policing in America: Conflict and
Reform by Ronald Weitzer and Steven Tuch. Social Forces 87(2), 1141-1143.
2009

Bacon, Sarah and Patricia Y. Warren. (Forthcoming) “Total Institutions and Their Impact
on Identity Construction.” In Parillo, Vincent (ed.) Sage Encyclopedia of Social Problems.

2008 Patricia Y. Warren and Thomas Calhoun. "Racial Profiling." In Schaefer, Richard T.
Encyclopedia of Race, Ethnicity, and Society. Los Angeles, CA: Sage Publications. Vol 1,
pages 1111-1113.
Papers Under Review
2010 Cochran, Joshua and Patricia Y. Warren. “The Salience of Race in Understanding
Procedural and Distributive Justice.”**1
Paper(s) In Progress
2010 Warren, Patricia Y., Eric Stewart and Donald Tomaskovic-Devey, and Marc Gertz.
“White‟s Preferences for Segregation: An Analysis of the Racial Typification of Crime.”
2010

1
2

Warren, Patricia Y., Josh Cochran and Ryan Shields. “Racial Threat and Female
Offenders: An Analysis of Sentencing Departures.**2

** denotes collaboration with a student.
** denotes collaboration with a student(s).

December 2010

3

PRESENTATION(S)
2009

Warren, Patricia Y. Racial Disparity and Officer Race: In Analysis of Police Search
Practices. American Society of Criminology Annual Meeting.

2008

Warren, Patricia Y. What Social Science Can Offer Re Proof of Systemic
Discrimination. Open Society Institute Summit on Racial Profiling.

2007

Warren, Patricia Y., William Bales. Who Goes to Prison and Who Stays Out. American
Society of Criminology Annual Meeting.

2007

Warren, Patricia Y. Racial Profiling: Myths, Challenges and Future Directions. Orange
County Public Defender Conference on Racial Profiling. Orlando, FL.

2006

Warren, Patricia Y. “Race, Identity and Perceptions of the Police: Is Race Enough?”
American Society of Criminology.

2004

Zingraff, Matthew, Patricia Y. Warren. „Racial Disparity in North Carolina Highway
Patrol Searches: The North Carolina Highway Traffic Study‟, Northeastern University
Conference on Confronting Racial Profiling in the 21st Century: New Challenges and
Implications for Racial Justice.

GRANTS/AWARDS
2010 Mcknight Junior Faculty Development Fellowship, (One year research fellowship)
2008 “Crime and Justice Summer Institute: Broadening Perspectives and Participation.”
Criminal Justice Research Center, Ohio State University and the National Science
Foundation, July 7-25, 2008.
2007 Florida State University, First Year Assistant Professor Award ($16,000)
GRADUATE STUDENT COMMITTEES
Masters
Catie Clark:
Area Paper Committee, Florida State University (Completed July, 2010)
Brian McManus Area Paper Committee, Florida State University (Completed August, 2010)
Cresean Hughes Master‟s Thesis Committee, Florida State University (In progress, 2010)
ACADEMIC INTERESTS
Race, Crime and Social Control
Racial Bias in Sentencing
Race and Class Inequalities
Racial Profiling
COURSES TAUGHT
Criminology (Undergraduate 2006-present)
Law, Society and Administration of Justice (Undergraduate Fall 2006- Spring 2007)
Race/Ethnicity, Crime & Social Control {Graduate (Fall 2007 and 2009) and Undergraduate (Fall
2008-present)}
DIRECTED INDIVIDUAL STUDY
Undergraduate
(Spring 2009) Cain-Davis, Tanae. Race and Recidivism: The Importance of Re-entry.

December 2010

4

(Spring 2009) Johnson, Laquisha. Understanding the Connection between Crime and
Segregation in the United States.
(Spring 2009) Martin, Claude. An Examination of Race and Prosecutorial Discretion.
(Fall 2007) Allen, Raleigh H. Race and Gender: An Examination of Sentencing Disparity in
the America Justice System.
Graduate
(Spring 2010) Shields, Ryan. Race and Violent Crimes: A Comparison Between Homicide and
Suicide.
(Spring 2010) Cochran, Joshua. Race and Policing: Does Officer Race Influence Citizen’s
Perceptions of Police Encounters?
(Spring 2008) Hogan, Karen. Race and Cognition: Can It Help Us Understand Racially Biased
Policing Practices?
(Spring 2008) Hogan, Karen. Race and Policing: Do Policing Racially Profile Minority Drives
in North Carolina?
SUPERVISED TEACHING
(Fall 2007) Hogan, Karen
(Fall 2009) Ryan Shields
SERVICE TO DISCIPLINE
2010-present Editorial Advisory Board, Criminology and Public Policy
2010-2011

Minority Affairs Committee, American Society of Criminology

2010-2011

Member of Crime, Law and Deviance graduate Student Paper Award Committee,
American Sociological Association

2007-present

Member of Cox-Johnson-Frazier Award Selection Committee, American
Sociological Association

2007-2009

Chair, Women of Color Scholarship Award Committee, Sociologists for Women
in Society

Manuscript Reviewer
Criminology
Justice Quarterly
Crime and Delinquency
Journal of Quantitative Criminology
Criminology and Public Policy
Gender and Society
Journal of Criminal Justice
Social Problems
Police Quarterly
Women in Criminal Justice

December 2010

DEPARTMENTAL SERVICE
2007-present, Theory Comprehensive Examination Committee
2007-present, Scholarship Committee
2009-present, Peer Merit Committee
2006-2008, Recruitment Committee
PROFESSIONAL ASSOCIATION MEMBERSHIPS:
American Society of Criminologists
American Sociological Association
Sociologists for Women in Society

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