LANSING, Mich. (Michigan News Source) – A Michigan State Police press release and an ACLU press release featured seemingly contradictory headlines summarizing an MSP-commissioned study on discriminatory police practices.

What did the press releases say?

The MSP headline read: “Independent Consulting Firm Finds No Evidence of Widespread Discriminatory Policing Practices.”

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The ACLU headline read: “MSP-Commissioned Report Confirms that Practices, Policies, and Inadequate Trooper Training Have Likely Contributed to Racial Disparities.”

The study was performed by CNA Consulting over an 18-month period using document reviews, targeted interviews, focus groups, ride-alongs, and data analysis.

What did the report say?

“Disparities” were defined as differences in proportions of police actions involving a specific group of people, as compared to another group. “Discrimination,” on the other hand, was defined to involve ill intent against a specific group of people.

“The … report … confirms ACLU suspicions that troopers have received inadequate guidance on where and how troopers patrol, as well as inadequate training regarding traffic stops,” the ACLU wrote in its press release. “MSP employs a practice they call ‘going beyond the stop’ …. The ACLU has long held concerns that such practices may lead to constitutionally impermissible conduct.”

The report found that the practice of “going beyond the stop” was defined differently by MSP executives and police officers, with officers saying the definition was developed through on-the-job experience rather than formal training.

The practice allows MSP officers to conduct further vehicle searches and take other action when a driver has been stopped for a traffic offense.

What were the findings?

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The report highlighted several “subjective” reasons police officers gave for conducting beyond the stop investigations, including:

  • Slamming on the brakes
  • Pacing a semitruck rather than passing
  • Fidgeting
  • Lighting a cigarette when getting pulled over
  • A sense of “nervousness”

“Overall, the concept of discretion is inherent in law enforcement and cannot be erased; however, it also cannot be left without guidance by agencies, as unchecked discretion has the potential to result in disparities,” report authors wrote. “We acknowledge the fact that … law enforcement professionals develop experience and familiarity in identifying criminal behavior. However, given the fact that MSP has a largely young trooper force … the use of personal experience to determine further investigation is not without its shortcomings.”

What did the report recommend?

The report recommended greater management of how and where troopers patrolled to prevent an excess of troopers from gathering in minority-populated areas. It also recommended greater employee oversight and more timely training.

“Although MSP highlights the conclusion that there is no widespread discrimination, what comes through loud and clear from this report is that there are institutional practices and policies that likely have serious discriminatory effects even if they are unintended,” said ACLU of Michigan Racial Justice Project Staff Attorney Mark Fancher. “We now urge, in the strongest terms, that [MSP] consider the findings honestly and take immediate steps to address the deficiencies the report identifies.”