Patrolling for bias

Tracking the race of stopped drivers helps protect both drivers and police officers. Most departments in the region don’t do it.

Nobody enjoys being pulled over.

But drivers of color often wonder whether how they look played a role in an officer’s decision to stop them — a fear that can influence their actions and demeanor.

“You always think: ‘Did he think I look suspicious?’ ” said Rafael Guzman Jr., 30, a Latino who lives in Pennsauken, Camden County, and was stopped last month for speeding.

More than 20 million Americans are pulled over each year, and recent federal investigations have found racial profiling in police departments from  Newark, N.J. to  Chicago to San Francisco.

Camden County Police Officer Allen Williams looks through the passenger-side window during a traffic stop that began when the driver ran a stoplight.

Departments that track the race of drivers establish an important early warning system that can catch bias in officers’ stops, allow supervisors to take action, and make drivers less vulnerable to being singled out or unfairly treated.

The practice can help build trust with communities, experts say, with the act of collecting and analyzing the data being seen as a willingness to confront potential problems. When the data don’t show a problem, as happens in many cases, it can reassure the public that policing is being done fairly and help protect officers from accusations of bias.

But many departments choose not to track this information. The federal government doesn’t mandate it, and only 10 states do. Pennsylvania and New Jersey are not among them.

Christy Lopez investigated police behavior for the U.S. Justice Department.

“Every single police department in this country should know who they’re stopping and what happens after that stop,” said Christy Lopez, who worked at the U.S. Justice Department’s Civil Rights Division from 2010 to 2017, leading the investigations into police behavior in Ferguson, Mo.; Chicago; and Newark, N.J. “So I don’t see it as best practice at all, I see it as a basic police practice that everyone should be doing.”

Philadelphia police know the race of every driver they pull over, but across Cobbs Creek, Upper Darby police don’t. Evesham and Cherry Hill know; just miles down I-295 South, Paulsboro police don’t. New Jersey State Police do; Pennsylvania State Police don’t.

The Inquirer and Daily News asked the municipal police departments in Bucks, Burlington, Camden, Chester, Delaware, Gloucester, Montgomery, and Philadelphia counties, along with Pennsylvania and New Jersey state police, whether they require officers to log the race of every driver they pull over.

Of those 264 agencies in the eight-county region, 113 — or 43 percent — mandate it. While Philadelphia’s 1.5 million residents are patrolled by a department that tracks race, most people in counties surrounding the city — more than 2 million of the 3.8 million — are patrolled by police that don’t always track the race of stopped drivers.

Most police departments in the Philadelphia region don’t track the race of all drivers they stop. Does yours?

‍Police department tracks

 

‍Police department does not track

 

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Leaflet | © OpenStreetMap Contributors

NOTE: This includes only municipal agencies and state police. It does not include other law enforcement agencies, including SEPTA and New Jersey Transit Police; sheriff’s offices; Philadelphia Housing Authority Police; university campus police departments.

 

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“It’s odd to think that we don’t know much at all about what goes on in traffic stops,” said Scott H. Decker, an Arizona State University professor who analyzes police stops for Missouri. “And it’s the most frequent interaction, certainly, between citizens and police.”

Legally, police can’t just pull over any driver they see. They’re supposed to have reasonable suspicion that a crime or infraction has occurred. For example, if they see a car speeding, rolling through a stop sign or swerving across lanes, or notice an expired registration or inspection, or spot a driver on the phone.

Drivers sometimes suspect police have more insidious reasons and question whether the law is applied fairly.

Drivers of color are more likely than white motorists to believe that a stop was illegitimate, or that police pulled them over because of race, study after  study has shown. The data, when collected, sometimes support those fears: Some departments nationwide have found they disproportionately stop drivers of color or more often let off white drivers with warnings.

Of dozens of drivers interviewed for this story outside local gas stations and rest stops and through community groups, the black and Hispanic drivers who felt they had been profiled recounted stories from which certain themes emerged: Confusion about why they were stopped, little or no explanation from officers, invasive car searches that turned up nothing illegal. The drivers say the experiences can be humiliating and shape their fear and mistrust of police.

“It makes us look like we’re doing something wrong, or we’re not who we seem to be,” said Terrell Crumpton, 27, a black man from Philadelphia who recalled feeling embarrassed after a daytime stop in the city’s Kensington section several years ago. Crumpton said he was being driven by a coworker when police pulled them over, ordering them out of the car. An officer searched the car and tossed papers around inside as residents watched from their stoops.

The officer found nothing and let the men go, Crumpton said, but it still upset him: “Nobody wants that type of stigma behind them.”

In the suburbs, Winslow Township police in Camden County pulled over Kenneth Scott 14 times in 2013 for minor violations such as having too dark a tint on the windows of his baby blue Ford Crown Victoria.

“When I see a police officer, my heart drops,” said Scott, 27, a black man from the township. He said he felt harassed by the stops, two of which happened on back-to-back days: “It bothered me so bad, I had to end up getting rid of the car.”

Drivers of color say they have to follow certain rules when pulled over: Keep your hands visible, make no sudden movements, don’t argue.

Tina Truitt, 45, a black woman from Cherry Hill, Camden County, teaches those lessons to her 22-year-old son and 17-year-old daughter, but still fears what could happen.

Tina Truitt stands with her children, Kayla Washington (left), 17, and her son, Eddie Washington Jr., 22.

“You can follow all the commands and everything they tell you do,” she said. “And you still don’t know what’s going to happen.”

A recent study of police body camera footage in Oakland, Calif., found that officers spoke less respectfully to black drivers than white drivers, who were more likely to hear apologies and phrases such as “thank you.” Black drivers, the Stanford University researchers found, were more likely to hear “dude,” “bro,” and commands such as “hands on the wheel.”

Graphic video recordings of black men killed during stops that started out as routine have stoked national conversations about race and policing.

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Walter Scott, 50

North Charleston, S.C.

Scott was stopped in April 2015 for a broken brake light. When Scott ran from the car, Officer Michael Slager shot at him eight times, striking him five. The state charged Slager with murder, and a trial ended in a hung jury. The state charges were dropped when Slager pleaded guilty in May to federal charges of civil rights violations. He could face a sentence of life in prison.

PHOTO: The Post and Courier

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Samuel DuBose, 43

Cincinnati, Ohio

DuBose was stopped in July 2015 for a missing front license plate. University of Cincinnati Police Officer Ray Tensing said he was dragged by the car before he fired once into it, striking DuBose in the head. Prosecutors said the car had not moved before the shooting and charged Tensing with murder. Two trials, the most recent ending in June, ended in hung juries. In 2016, the University of Cincinnati agreed to pay $4.85 million to the DuBose family in a civil settlement.

 

Philando Castile, 32 Falcon Heights, Minn.

Castile was stopped in July 2016 by St. Anthony police, which patrol Falcon Heights. Officer Jeronimo Yanez shot Castile seven times one minute after pulling him over, killing him. Castile’s girlfriend, Diamond Reynolds,  broadcast the aftermath of the shooting on a live video on Facebook. Castile told the officer there was a gun inside the car but that he was not reaching for it, dashboard camera footage showed, just before Yanez shot him. Yanez was acquitted of manslaughter and other charges in June.

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The 2014 shooting death of Brandon Tate-Brown by Philadelphia police, who said the 26-year-old was pulled over because his rented car’s headlights were out, sparked outrage and protests. Police initially said Tate-Brown was shot while reaching into the car for a gun wedged next to the passenger seat, but later acknowledged Tate-Brown was behind the car when an officer shot him in the back of the head.

The officer said he was trying to prevent Tate-Brown from getting to the gun. The District Attorney’s Office did not charge the officer. Tate-Brown’s family said the shooting was racially motivated and filed a civil suit, which is ongoing.

In 1998, troopers on the New Jersey Turnpike in Mercer County stopped a van for speeding and opened fire after it went into reverse, which the driver later said was an accident. Three of the four unarmed black and Hispanic men inside were wounded.

The troopers later said in court that superiors had taught them to stop people based on race and that drivers of color were more likely to have drugs. The shooting exposed a broader pattern of discriminatory traffic enforcement by the state police, which in 1999 entered into an agreement with the U.S. Department of Justice that required troopers to track the race of every driver pulled over. The goal: “Establish real safeguards against racially discriminatory stops.”

Philadelphia Police make a car stop on the 5300 block of Chestnut Street in December 2014. The car’s registration had expired and it was towed.

Who’s asked to step out of the car?

Black and Hispanic drivers were much more likely than white drivers to be asked to exit their vehicles by New Jersey State Police from July 1, 2014, through December 31, 2014, according to the most recent report on NJSP stops. Once stopped, an average of 4.9 percent of drivers are asked to get out of their vehicles.

Percentage of drivers of each race or ethnicity who were asked to exit their vehicles

SOURCE: N.J. Office of the Attorney General, Twelfth Aggregate Report of the New Jersey State Police (Oct. 2016)

Since then, other police departments across the nation began collecting the data, which allowed them to find disparities in who was pulled over and what happened next. Some changed policies or training in response. Since the federal agreement with New Jersey State Police ended in 2009, the agency has continued to track the races of stopped drivers and analyze them in public reports.

All police in Burlington County have been required to collect racial data for more than a decade, and Camden County instituted a requirement in 2013. California and Rhode Island passed laws in 2015 requiring police departments to log stopped driver demographics, and other states have considered similar legislation.

At the federal level, U.S. Sen. Bob Menendez (D., N.J.) has pushed for a national requirement since 1999 and recently introduced new legislation that would include such a mandate. The Trump administration, however, has advocated reducing the role of government in everyday policing. The U.S. Department of Justice declined to comment for this story.

Ronald L. Davis, who led the DOJ’s Office of Community Oriented Policing Services from 2013 until Trump assumed office, said collecting the data, whatever the results, can help repair frayed connections between police and historically marginalized communities of color.

Ronald Davis led President Obama’s Task Force on 21st Century Policing.

“There is still a lot of mistrust, and the way to build trust is the acknowledgement of history, the acceptance of responsibility to address it, and the professional wherewithal to understand that open data, good news or bad, is a way to build trust,” said Davis, who is black and grew up in Philadelphia, where his father was a police captain. Davis also led President Obama’s Task Force on 21st Century Policing, which recommended police track and analyze demographic data from stops.

To be clear, the data do not always indicate a problem. West Chester Police in Chester County found last year that they had no disparity in outcomes of stops: White drivers made up a consistent proportion, about 80 percent, of traffic citations, written warnings, and verbal warnings. The department releases annual reports with statistics on traffic stops.

Lower Gwynedd Police in Montgomery County in January rolled out new anti-bias training and began monthly reviews of the demographics of officers’ stops as part of a reexamination of department policies.

In Cherry Hill, the department’s internal affairs unit reviews officers’ stops each month and flags them if the percentage of drivers of a certain race is higher than normal. The data is sent to supervisors and an investigation is launched if racial profiling is believed to have occurred. Chief William Monaghan said no cases have risen to the level of investigation, because disparities flagged have had explanations such as specific patrol assignments or the area an officer covers.

Cherry Hill New Jersey police officer John Domingo checks his computer screen as he drives through Cherry Hill looking for offenders.

In departments that don’t track race on every stop, chiefs say they trust their officers, train to high standards, and don’t receive complaints about profiling. In other words: Nothing’s wrong.

“We’re not mandated, and we don’t have a problem,” said Michael J. Chitwood, superintendent of police in Upper Darby, Delaware County. “So we don’t do it.”

 

“I have never, ever had a problem with any type of complaints of: ‘You stopped me because of my race.’ ”

Upper Darby Superintendent of Police Michael J. Chitwood

“We do not — and I’m going to use that bad term — profile anybody,” said Anthony Wojciechowski, chief of Newtown Borough in Bucks County. “We don’t care who you are. We stop you and write you a ticket.”

Departments may not have outward signs of problems, experts say, but a lack of data on drivers’ race can leave officers vulnerable to questions of bias.

“You’re missing a lot,” said David Rudovsky, a Philadelphia civil rights attorney and senior fellow at the University of Pennsylvania Law School. “I don’t think you can put your head in the sand and say, ‘Well, we’re beyond race, and we’re not going to keep that data.’ ”

“How could someone come out and say they’re not profiling if they don’t have the full picture?”

William Monaghan
Cherry Hill Police Chief

For one thing, waiting for a complaint doesn’t always identify a problem. Drivers who feel profiled or mistreated may not file complaints for a variety of reasons: skepticism that police will properly investigate themselves, fear of retribution, or worry that the process will be time-consuming.

To be effective, the data also have to cover all stops, experts say. Many departments collect drivers’ race only on stops that result in a penalty such as a ticket or arrest.

WHAT PENNDOT SAYS TO DO IF YOU GET PULLED OVER

• Activate your turn signal and safely pull to the side of the road.
• Turn off your engine and radio, and roll down your window.
• Turn on your vehicle’s interior light before the officer approaches, if it’s nighttime.
• Limit your movements and the movements of your passengers — do not reach for anything in the vehicle. Keep your seatbelt fastened.
• Place your hands on the steering wheel, and ask any passengers to have their hands in view.
• Alert the officer immediately if you are transporting a firearm.
• Keep your doors closed as the officer approaches, and stay inside your vehicle, unless the officer asks you to get out.
• Wait until the officer asks you to retrieve your driver’s license, registration, and insurance cards.
• Don’t argue with the officer, even if you feel mistreated or disagree with the stop. It’s better to present your case in court, or to call the department and ask for a supervisor.

SOURCE: Pennsylvania’s Driver Manual

Officers generally have discretion in determining outcomes of stops. Tracking race on only a portion of them gives an incomplete picture of whether similar offenses result in similar punishment.

“Let’s be honest with each other here: I’m not out on the traffic stop, nor am I in the officer’s head, nor am I omniscient to see what’s going on to what exactly helps an officer make a charging decision,” said Southern Chester County Regional Police Chief Gerald R. Simpson, whose department expanded its tracking of race from tickets to all stops after speaking to the Inquirer and Daily News. “So how else am I going to understand, if not to have information to capture that in some manner?”

Pennsylvania State Police discovered a racial gap when troopers tracked race in the early 2000s: White drivers were more likely to receive warnings, while black and Hispanic drivers were more likely to be searched, ticketed, and arrested.

Who receives warnings versus tickets?

An analysis of the 327,120 traffic stops made by Pennsylvania State Police from May 1, 2002, through April 30, 2003, found that white drivers were more likely to receive warnings than black and Hispanic drivers, who were more likely to be searched, ticketed, and arrested.

‍White

 

‍Black

 

‍Hispanic

Percentage of drivers of each race or ethnicity who experienced the following outcomes

SOURCE: Project on Police-Citizen Contacts

“I’m not out on the traffic stop, nor am I in the officer’s head.”

Southern Chester County Regional Police Chief Gerald Simpson

As a result, Pennsylvania troopers underwent additional training on drug searches. The state police later concluded no racial disparities existed in its stops and in 2012 stopped tracking the race of most drivers.

More recently, law enforcement agencies from California to Vermont have found they search more black and Hispanic drivers than white drivers, even though white drivers are more often found with drugs.

Police also have been suspected of profiling pedestrians they stop. Philadelphia police have been accused of humiliating and  unconstitutionally stopping people. Suburban and rural departments stop pedestrians less frequently, and some departments track the race of stopped drivers but don’t do it for pedestrians.

 

“I think it ultimately could be counterproductive.”

Norristown Police Chief Mark Talbot

Departments that don’t log the race of stopped drivers raise a variety of concerns, from collecting the data (isn’t it cumbersome?) to trusting it (how do you know someone’s race?) to using it (what do you do with these numbers?). Officers also may complain or criticize when a new policy to track race is implemented, said Lopez, the former Justice Department lawyer.

The actual logging of race is simple, say researchers and police chiefs whose departments do it: Just type it into the in-car computer or call it in to dispatchers. Most officers already do this with basic details of a stop, such as the location and license number.

“This is important management information for police departments to know and if you’re concerned about your officers depolicing, I have zero sympathy. Because in this country, the police work for the public and not vice versa.”

— Christy Lopez
Former DOJ attorney who led several high-profile investigations into police departments

It’s best for officers to guess a driver’s race, rather than ask for it, experts say. That’s because any profiling or bias would be based on perceived — not actual — race.

Some agencies, such as New Jersey State Police, have officers log the driver’s perceived race before stepping out of the car. Officers can update the information after speaking to the driver, but many agencies store both the officer’s initial guess and the corrected one.

“You do the best you can,” Cherry Hill Lt. Robert Kempf said the day he stopped an SUV for not using a turn signal. Kempf said he could have been mistaken — maybe the driver he saw simply as white turned out to be white Latino, or a light-skinned black man. In that case, he would have called in the correction.

Cherry Hill Police Lt. Robert Kempf and Officer Anthony Sorrentino run a driver’s information in a patrol car computer.

Like other departments, Cherry Hill also allows officers to mark “Unknown,” though it’s rarely used.

Some departments, such as Upper Gwynedd in Montgomery County, use a simple binary: white and minority.

“I do not have my officers try to figure out the specific minority of a person,” Chief David Duffy said. “So, it is either W or M.”

Analyzing the data, once collected, can get tricky.

Not everyone drives, so police can’t simply compare their data to Census demographics on their town. Plus, outsiders may commute in or travel through, and drivers on the road change hour to hour and season to season.

One way to account for variations is to compare traffic stops to the makeup of a broader region. When Cherry Hill audits officers each month, it compares demographics of stopped drivers to overall demographics of Camden County.

 

“We use this data to show the community that we are making the best effort to do what’s fair and proper.”

Swarthmore Police Chief Brian H. Craig

Brian H. Craig, who began requiring his officers to log the race of stopped drivers soon after becoming Swarthmore police chief in 1998, similarly uses Delaware County’s population in his annual analysis of officers’ stops.

For Swarthmore, looking only at borough demographics would skew comparisons — only 4 percent of drivers stopped actually live in Swarthmore. In fact, Swarthmore Police are more likely to pull over a Philadelphian than a borough resident.

Swarthmore Police stop a disproportionate number of black drivers compared to the makeup of the town…

From 2000 to 2016, 17% of drivers stopped by Swarthmore Police were black, according to police data, while 5% of borough residents are black. Police did not record Hispanic drivers as separate group. Hispanic numbers can be included in any race.

…but when compared to the makeup of the broader county, the numbers line up.

Only 4% of drivers stopped in Swarthmore are from the borough. So police chief Brian Craig compares the demographics of drivers stopped to those of the county: 20% of county residents are black.

 

Another test compares drivers pulled over during the day versus at night. If an officer is biased, the demographics of stopped drivers may shift once night falls and the officer can no longer easily distinguish drivers’ faces.

The “veil of darkness” test found evidence of disparities in Minneapolis and several police departments in Connecticut. Departments in San Diego,  Oakland, Syracuse, N.Y.,  Cincinnati, and Greensboro, N.C., have also used the test.

“We think it’s a simple method that helps solve a lot of problems,” said Jeffrey Grogger, the urban policy professor at the University of Chicago who created the test in 2006.

At night, when you can’t see faces, it’s harder to determine race

One way to test for bias is to compare the demographics of drivers stopped during the end of daylight and the start of night. As night falls, drivers’ faces are obscured, as seen in these photos taken hours apart from a police car in Cherry Hill, N.J.

 

Ultimately, individual departments are left to figure out the best methods to evaluate the numbers. But without legal mandates, the patchwork of policies and regulations is likely to continue.

Menendez, along with Sen. Cory Booker (D., N.J.), introduced his bill in March that would mandate police nationwide to track demographics of stopped drivers.

A spokesman for Sen. Pat Toomey (R., Pa.) said that the senator believes there are “no one-size-fits all solutions,” but that officers who violate people’s rights should be held accountable. Sen. Bob Casey (D., Pa.) said police should track the race of stopped drivers.

WHAT NEW JERSEY AND PENNSYLVANIA SENATORS SAY:

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Sen. Bob Menendez

D., N.J.

Menendez first co-sponsored legislation in 1999 for police departments nationwide to track the demographics of stopped drivers. He recently introduced a new bill with such a mandate. “This data and analysis is critical for law enforcement to ensure there are no instances of racial profiling,” he said.

 

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Sen. Cory Booker

D., N.J.

Booker co-sponsored Menendez’s most recent legislation. “While the vast majority of officers serve with honor and distinction, racial profiling is a serious and real concern faced by people of color in far too many communities,” he said.

 

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Sen. Pat Toomey

R., Pa.

“Sen. Toomey recognizes that law enforcement is complex, and there are no one-size-fits all solutions. Sen. Toomey believes that the best approach is for police officers and communities to work together to forge fair, workable policies,” a spokesman said.

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Sen. Bob Casey

D., Pa.

“If the data show bias, we need to know so we can fix it. If not, we also need to know so we can hold up best practices. More information brings a measure of accountability and transparency — that’s good for both police and the communities they serve,” he said.

 

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Leadership in the White House and Justice Department also affects approaches to policing. Former President Bill Clinton’s administration was the first to use consent decrees, the court-enforced agreements between the DOJ and police departments it investigates, to bring changes in policing. And the Obama administration greatly increased them. The Bush administration preferred more voluntary agreements.

Under President Trump, Attorney General Jeff Sessions has ordered a review of all existing consent decrees, which he said reduce officer morale. He also has said he would “pull back” on federal oversight into local police departments.

The Justice Department declined to comment or answer questions for this story, including what authority it has to require departments to track race of stopped drivers, whether it would or has considered doing so, and whether it supports police departments undertaking the practice.

Some states, including California and Rhode Island in 2015, have taken it upon themselves to change policy. California made tracking the race of stopped drivers a law after overcoming resistance from law enforcement agencies and concerns about the cost of updating technology and traffic forms.

“We have a real responsibility to ensure that our officers are treating our citizens fairly,” said Assemblywoman Shirley Weber, a Democrat from San Diego who sponsored the bill.

Most states do not require police to log race of stopped drivers

Ten states have requirements that law enforcement agencies track the race of every driver they pull over.

‍States that require law enforcement agencies to log the race of every driver they stop

‍States that do not

Some changes can be made without passing new laws.

In New Jersey, the Attorney General can issue a statewide directive requiring police departments to track race but has not done so. County prosecutors can also mandate it: Burlington and Camden have; Gloucester plans to before the end of the year.

HOW WE REPORTED THIS STORY

Officer-involved shootings and other uses of force grab headlines but make up only a small fraction of interactions between drivers and police officers. This story began as a look into policing practices through the lens of the everyday interactions of traffic stops. We were surprised to learn that the detailed records that police keep did not always include the race of the driver.

So our story turned to more basic questions: Which police departments in our region require officers to track the race of every driver they stop, and why or why not? We contacted hundreds of departments and interviewed dozens of police chiefs, rode along with officers on patrol, spoke with several dozen drivers about the experience of being pulled over, and reviewed academic research and federal reports on policing.

We also contacted the Attorneys General and other officials in each of the 50 states to see whether they require police departments to log stopped driver demographics. Ten states do, and others are considering it.

EXPAND ‍

When Camden County’s requirement started four years ago, former prosecutor Warren Faulk said, there was little resistance from most police chiefs.

“This is for the protection of your department, too,” Faulk recalled telling them. “If you record the race of every person that is stopped, you can defend yourself against that sort of a claim. But if you don’t, you don’t have any definitive evidence.”

In Pennsylvania, the state Attorney General can’t require the practice. Nor can county district attorneys, though they can recommend it to police departments.

“That recommendation would carry a lot of weight and would likely be followed, especially if it were made with prior input from the chiefs of police,” said Bucks County District Attorney Matthew Weintraub, who said he would favor the policy if it can reduce racial profiling or show officers are doing their jobs properly.

The traffic citation form that more than 200 departments use in Pennsylvania could also be updated by the Administrative Office of Pennsylvania Courts to include a box for race.

“If it was a block on the form, we’d fill it out,” said Mark Goldberg, chief of police in Warwick Township, Bucks County. Several other chiefs echoed that.

The AOPC said it would consider the idea if agencies requested it.

Likewise, New Jersey could update its traffic-citation form but has no plans to add race “at this time,” a courts spokeswoman said.

Casey, the senator for Pennsylvania, said tracking race just makes sense.

“We know from recent American history that there are some communities where there’s a lot of work to do in terms of improving relations, holding law enforcement accountable,” Casey said. “Anything that will push us in the right direction to have that kind of improved trust is in everyone’s best interest.”

Upper Darby Police Officer Michael DeHoratius talks to a driver during a traffic stop.