Hennepin County Attorney’s new policy to decline charges stemming from some traffic stops and consent searches
Hennepin County Attorney Mary Moriarty announced Wednesday that effective October 15th, her office will no longer charge felony crimes such as weapon, drug, or stolen property crimes that are detected during “non-public safety traffic stops” (NPSTS) and/or during consent searches conducted by the police.
Moriarty noted that the portion of the policy related to NPSTS “aligns with the non-public-safety traffic stop provisions agreed to by the city of Minneapolis in both the federal and state consent decrees,” and closely resembles a similar policy adopted by the Ramsey County Attorney.
The justification for this policy change is that, according to Moriarty, studies suggest that NPSTS and consent searches disproportionately impact people of color, and the success rate for seizure of contraband is so low that the cost far outweighs any benefit.
Why it matters
This argument uses the now commonplace verbiage of “we know that…,” as a persuasive method of suggesting there is 100% consensus on an issue. Of course this is rarely true.
While there are some studies that conclude NPSTS have little impact on public safety and harm trust in law enforcement, there are also studies that counter those claims. Perhaps the most accepted truth about law enforcement is that a proactive approach, where officers are visibly present and proactively interacting with pedestrians and drivers, has a positive impact on reducing crime. Moreover, when law enforcement leaders communicate the intent to apply a proactive approach, and then share the results of that approach, the community is often receptive and supportive of the effort.
Moriarty’s policy change serves to undermine the legal legitimacy of NPSTS and consent searches, labeling NPSTS as “pretext” stops and portraying consent searches as being carried out under “duress.” The fact is, despite the labeling, our courts up to and including the U.S. Supreme Court have ruled that “pretext” stops are legal (see Whren v. United States) and that consent searches remain one of the six exceptions to the search warrant rule.
Challenging the legality of searches stemming from traffic stops or consent searches is the prerogative of the defendant in our adversarial system, not the prosecutor. Designing and implementing law enforcement strategy is the prerogative of law enforcement executive leaders, and they should be guided by the law rather than the political leanings of the local prosecutor.
The health of public safety in Hennepin County (and in Minnesota) is dominated by the health of public safety in Minneapolis – and Minneapolis is a wreck right now. There have been 76 people shot in the past 28 days, compared to just 38 shooting victims during the same period last year.
Law enforcement working in Minneapolis needs more encouragement to be proactive, not less. They also need access to every legal tool in the toolbox, not more prohibitions and handwringing over purported concerns of racially disproportionate enforcement. It’s the very lack of enforcement in many communities of color that has led to the current state of chaos – a state of chaos that disparately impacts people living in those communities by subjecting them to unacceptable levels of crime.
The Minnesota Police and Peace Officer’s Association, representing over 10,000 peace officers in Minnesota was spot on in their assessment of Moriarty’s policy announcement.
“Her new policy is a gift to criminals and a slap in the face to law-abiding Minnesotans.”
Imran Ali, MPPOA General Counsel
The time for feedback is now
Moriarty’s policy change is set to take effect October 15th to give time for feedback from stakeholders and the community. Now is the time for local, state, and federal law enforcement leaders to provide that feedback. An commitment by the U.S. Attorney’s Office that it will review pertinent cases declined by Moriarty’s office as a result of her policy would be powerful. It is also time for the public who have had enough of the offender centric public safety stance in Hennepin County to make their voices heard. Look for opportunities to do so in future American Experiment announcements.