Scope and Methodology

Our objectives were to provide information on (1) analyses that have been conducted on racial profiling of motorists by law enforcement; and (2) federal, state, and local data currently available, or expected to be available soon, on motorist stops. Few Studies of Racial Profiling

We found no comprehensive, nationwide source of information on motorist stops to support an analysis of whether race has been a key factor in law enforcement agencies’ traffic stop practices. Although inconclusive, the cumulative results of the analyses indicate that in relation to the populations to which they were compared, African Americans in particular, and minorities in general, may have been more likely to be stopped on the roadways studied. A key limitation of the available analyses is that they did not fully examine whether the rates and/or severity of traffic violations committed by different groups may have put them at different levels of risk for being stopped. Such data would help determine whether minority motorists are stopped at the same level that they commit traffic law violations that are likely to prompt stops. The studies compared the racial composition of these groups against that of motorists who were stopped. Federal Efforts to Collect Data on Motorist Stops

Although the federal government has a limited role in making motorist stops, several federal activities currently planned or under way represent the first efforts to collect national level information. In addition, to help determine whether federal law enforcement agencies engage in racial profiling, three federal departments are under a presidential directive to collect information on the race, ethnicity, and gender of individuals whom they stop or search. Several States Proposed Traffic Stop Data Collection Legislation, but Few Bills Passed

Most traffic stops are made by state and local law enforcement officers. Consequently, state and local agencies are in the best position to collect law enforcement data on the characteristics of stopped motorists. However, it remains to be seen whether these efforts will produce the type and quality of information needed for answering questions about racial profiling. Justice states that it disagrees with the “draft report’s conclusion that the only ‘conclusive empirical data indicating’ the presence of racial profiling would be data that proved the use of race to a scientific certainty.” Our conclusion, however, was that the “available research is currently limited to five quantitative analyses that contain methodological limitations; they have not provided conclusive empirical data from a social science standpoint to determine the extent to which racial profiling may occur” (page 1). For the Florida data, the validity of the comparisons made is questionable. Federal, state, and local efforts to collect data on motorist stops should increase the amount of information on law enforcement practices on the roadways.
Why GAO Did This Study

Pursuant to a congressional request, GAO provided information on the racial profiling of motorists, focusing on the: (1) findings and methodologies of analyses that have been conducted on racial profiling of motorists; and (2) federal, state, and local data available, or expected to be available, on motorist stops.

What GAO Found

GAO noted that: (1) GAO found no comprehensive, nationwide source of information that could be used to determine whether race has been a key factor in motorist stops; (2) the available research is limited to five quantitative analyses that contain methodological limitations; (3) they have not provided conclusive empirical data from a social science standpoint to determine the extent to which racial profiling may occur; (4) however, the cumulative results of the analyses indicate that in relation to the populations to which they were compared, African American motorists in particular, and minority motorists in general, were proportionately more likely than whites to be stopped on the roadways studied; (5) data on the relative proportion of minorities stopped on a roadway, however, is only part of the information needed from a social science perspective to assess the degree to which racial profiling may occur; (6) a key limitation of the available analyses is that they did not fully examine whether different groups may have been at different levels of risk for being stopped because they differed in their rates or severity of committing traffic violations; (7) although GAO has no reason to expect that this occurred, such data would help determine whether minority motorists are stopped at the same level that they commit traffic law violations that are likely to prompt stops; (8) several analyses compared the racial composition of stopped motorists against that of a different population, but the validity of these comparison groups was questionable; (9) federal, state, and local agencies are in various stages of gathering data on motorist stops, and these efforts should augment the empirical data available from racial profiling studies; (10) the federal government, which has a limited role in making motorist stops, is undertaking several efforts to collect data; (11) in accordance with a presidential directive, three federal departments are preparing to collect data on the race, ethnicity, and gender of individuals whom they stop or search; (12) state and local agencies are in the best position to provide law enforcement data on motorist stops because most motorist stops are made by state and local law enforcement officers; (13) a number of state legislatures are considering bills to require state or local police to collect race and other data on motorist stops; (14) several local jurisdictions are also making efforts to collect motorist stop data; and (15) whether the efforts that are underway will produce the type and quality of information needed to answer the questions about racial profiling remains to be seen.