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Abstract
Recent evidence suggests that police officers engage in discretionary searches of minority citizens at a disproportionate rate; however, the impact of citizen criminal history on this relationship is largely unknown. Using the theoretical framework of officer suspicion, this study examines the impact of citizen race on the likelihood of a discretionary search and whether this relationship is mediated by citizen criminal history. A series of multilevel models were computed on officer-initiated traffic stops in a manner that conforms to Baron and Kenny's recommendations to test for mediation effects. Results indicated that while citizen race was predictive of a discretionary search, this effect was mediated by consideration of criminal history. These findings have implications for understanding the decision-making process of officers, the influence of citizen race on these decisions, and the role of officer suspicion in police-citizen encounters.
Notes
1. Importantly, while the decision to initiate a traffic stop and the results of the stop are often analyzed separately, these decisions are linked by the fact that no post-stop outcome can occur without the initial decision to engage a traffic stop (see Bayley (Citation1986) and Tillyer et al. (Citation2010) for further discussion).
2. Officers indicated whether they were familiar with the citizen, but the measure is not based on a record check.
3. The authors acknowledge measurement weaknesses in this variable (p. 738).
4. The distinction between a request to search and an actual search conducted is important given the interest in officer discretion. The level of officer discretion diminishes once the request to search is made because the citizen then possesses discretion to permit or deny the search (notwithstanding the presence of probable cause). In these data, however, over 99% of requests to search resulted in a search; thus, requests to search and completed searches were both considered discretionary officer behavior. The high rate of approval is likely a function of various factors. First, the population served by this agency is largely Hispanic (roughly 65%) and this group is generally less likely to resist police requests for compliance. Second, the police have a particularly high citizen approval rating in this jurisdiction resulting in a very positive police–community relationship. Thus, it is not surprising that citizens frequently agreed to allow a search.
5. The Other category includes Asian, Middle Eastern, and Native American citizens.
6. Duplicate models were also estimated using group mean centering, but results were unchanged.
7. There was slight multicollinearity between citizen race/ethnicity and citizen criminal history. This situation is to be expected and is acceptable for the path analysis procedure (Baron & Kenny, Citation1986).
8. Based on a reviewer’s request, models were also estimated with officer characteristics. The overall results were unchanged; officer age was negatively associated with the rate of searches, however, this relationship was substantively weak.
9. Not shown, but available upon request.
10. Conversely, a recent study of discretionary searches revealed no effect of citizen demeanor on this outcome (Tillyer et al., Citation2012).
11. One caveat to this statement is the reason for the stop, which has demonstrated a relationship with post-stop outcomes in prior research (Fallik & Novak, Citation2012; Tillyer et al., Citation2012). The focus of this study, however, was on proximate factors that influence officer behavior during the traffic stop rather than factors (i.e. speeding, moving traffic violations, etc.) that are distal and whose primary influence is likely on the decision to initiate a traffic stop.
12. Not reported, but available upon request.
Additional information
Notes on contributors
Rob Tillyer
Rob Tillyer, Ph.D., is an assistant professor of criminal justice at the University of Texas-San Antonio. His research interests include decision-making within the criminal justice system, crime prevention, and victimology. His recent journal articles have appeared in Justice Quarterly, Journal of Criminal Justice, and Crime & Delinquency.