A new study shows race could play a role in traffic stops across Illinois.
An Illinois Department of Transportation and University of Illinois at Chicago study of traffic stops in 2010 found that minorities are more likely to be cited or to be asked for a consent search than white drivers. The research is part of a state rule that requires police to record the details of traffic stops and report them to the DOT. For the last few years, the research has revealed similar results.
Adam Schwartz, a lawyer for the American Civil Liberties Union of Illinois, said the ACLU wants state police to get rid of consent searches entirely. A consent search is when an officer asks the driver if he or she can search the vehicle. Unlike other searches done by police, a vehicle search can be done without a warrant. All the officer needs is consent from the driver.
"Given the danger of conscious or unconscious bias being in play, we think that consent searches always will yield a disparate impact against minority motorists. It simply is too subjective a technique to apply," Schwartz said.
In June of this year, the ACLU of Illinois filed a complaint to the United States Department of Justice. According to Schwartz, the ACLU wants there to be a federal investigation into Illinois State Police practices, and for the US DOJ to issue a ban on the use of consent searches.
Schwartz said the new study confirms the need for such action.
"We think that it's a technique that can't be cured or reformed," he said.
Monique Bond, spokeswoman for the Illinois State Police Department, said they are in the process of reviewing the raw data and expect an internal review to be completed within the coming weeks. She said that no decision had been made to cease consent searches.