Police Oversight Approves Methodology for Pretext Stop Policy Review

The Community Police Oversight Commission unanimously approved a proposed methodology for the commission’s comprehensive review of the Pasadena Police Department’s pretext stop policy.

Police pretext stops, also known as pretextual stops, occur when law enforcement officers stop a person for a minor violation, such as a traffic infraction, with the primary actual intention of investigating a separate, unrelated crime. If the police do not find probable cause related to any crime, it is illegal for them to detain the person or search their vehicle.

Pretextual stops were deemed constitutional by the Supreme Court in Whren v. United States (1996).

The Commission’s review will be made in response to consultant OIR Group’s recommendation contained in its report in April 2023 that the Police Oversight convene community conversations to formally discuss and consider the pros and cons of the Pasadena Police Department’s use of pretext stops, especially with regard to minor vehicle equipment violations. 

Anthony McClain was shot and killed by a Pasadena Police Department officer in August 2020 during a traffic stop for a missing front license plate on the car in which he was riding.

The methodology recommends that the Police Oversight Commission collaborate with a variety of stakeholders and subject matter experts to help identify the pros and cons of the Pasadena Police Department’s current use of pretextual stops.

The methodology starts with the creation of a white paper that will summarize the current state of the academic and professional literature on the topic of pretextual stops to be authored by a university professor to be chosen by Pasadena’s Independent Police Auditor (IPA).

The second part is having Police Oversight staff hold roundtable discussions with community members and stakeholders including civil rights organizations, business communities and rights groups. 

IPA Richard Rosenthal said this is necessary “to identify the pulse of the community and arguments in favor and against the use of pretext stops.” 

Part of the methodology is the holding of two public forums to be hosted by Police Oversight in different parts of the City. 

An online survey will also be created to solicit feedback from the public as well as members of the Pasadena Police Department. 

Once the staff have compiled all information, the Police Oversight staff would create a memo that summarizes the feedback from the outreach efforts. 

Staff will also get Pasadena Police Department’s response on all the information collected. 

The white paper, staff memo and any Pasadena Police Department response would be submitted to the full Police Oversight Commission to be reviewed.

Following discussions, the Police Oversight will make a final recommendation which will be forwarded to the City Manager, the Chief of Police, the Mayor, and the City Council.

Chair Esprit Jones expressed hope the discussions would lead to better Pasadena Police Department policies. 

“Anthony McClain died because of a pretext stop and it is a tool utilized to harass people,” Chair Esprit Jones remarked. “I’m looking forward to those surveys and community conversations.”