California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 19 - Racial and Identity Profiling Act of 2015 Regulations › Article 3 - Data Elements to be Reported › Section 999.226

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The data elements
				  regarding stops that shall be collected by peace officers subject to this chapter
				  are defined as follows:
(1) "ORI number" is the
				  data element that refers to the reporting agency's Originating Agency Identifier, a
				  unique identification code number assigned by the Federal Bureau of
				  Investigation.
(2) "Type of Stop"
				  requires an officer to differentiate the nature of the officer's stop based on the
				  stopped person's activities, and primarily on their mode of transit during the stop.
				  A "Vehicular Stop" is any interaction that involves stopping an individual in a
				  Vehicle, as defined in these regulations. A "Bicycle Stop" is any interaction that
				  involves stopping an individual on a bicycle. Any other stop constitutes a
				  "Pedestrian Stop," including stopping passengers on a bus or train.
1. Example: Officer A stops a person on a
				  skateboard for a Vehicle Code violation. Because the stop involved neither a person
				  in a Vehicle, as defined in the regulations, nor on a bicycle, Officer A must select
				  "Pedestrian Stop" under Type of Stop.
2.
				  Example: Officer B stops a person on a scooter powered by an electric motor for a
				  Vehicle Code violation. When recording this stop, Officer B must select "Vehicle
				  Stop" under Type of Stop because the stopped person rode a "motorized scooter" as
				  defined in Vehicle Code Section
				  407.5, which
				  qualifies as a "Vehicle."
(3)
				  Date, Time, and Duration of Stop
(A) "Date of
				  Stop" refers to the year, month, and day when the stop occurred. It shall be
				  recorded as the date on which the stop began. If the stop extends over two days
				  (e.g., if a stop began at 2330 hours on January 1st and concluded at 0030 hours on
				  January 2nd), the "Date of Stop" should be recorded as the first date (in this
				  example, January 1st).
(B) "Time of
				  Stop" refers to the approximate time that the stop began and shall be recorded using
				  a 24-hour clock (i.e., military time).
(C) "Duration of Stop" is the approximate length
				  of the stop measured from the time the reporting officer, or any other officer,
				  first detains or, if no initial detention, first searches the stopped person until
				  the time when the person is free to leave or when the person is taken into physical
				  custody and removed from the scene of the stop. In reporting this data element, the
				  officer shall enter the approximate length of the stop in minutes.
1. Example: Officer A stops a vehicle for
				  suspected driving under the influence (DUI) at 1300 hours. Officer B then arrives at
				  the scene 15 minutes later and conducts a field sobriety test on the driver, who
				  fails the tests. Officer B then arrests and takes the driver into custody and
				  removes the driver from the scene of the stop at 1345. "Duration of Stop" would be
				  reported as 45 minutes.
2. Example:
				  Officer A begins interviewing witnesses to a robbery at 1100 hours. After
				  approximately 30 minutes of interviews with different witnesses, Officer A observes
				  what looks like a switchblade knife protruding from the waistband of one of the
				  witnesses. Officer A then searches that person. "Duration of Stop" is measured from
				  the time the person is searched (1130 hours) and not the time during which the
				  officer began interviewing the witnesses to the robbery (1100 hours).
3. Example: At 0900 hours, Officer A stops a
				  person walking on a residential street who matches the description of a burglary
				  suspect. Officer A places the person in handcuffs at 0925 hours and has the person
				  sit on the curb. Officer A takes multiple other actions towards the handcuffed
				  person and then, at 0945 hours, Officer A places the person in a patrol vehicle for
				  fifteen minutes and then starts driving the person to the jail at 1030 hours. The
				  "Duration of Stop" is 1 hour and 30 minutes, measured from the time Officer A stops
				  the person at 0900 until the time the person is driven away by the officer from the
				  scene of the stop at 1030 hours.
4.
				  Example: At 1100 hours, Officer A stops a person because the person's vehicle
				  matched the vehicle of a suspect involved in a recent armed robbery. Officer A pats
				  down the person's outer clothing for weapons and then questions the person. Officer
				  A realizes that the person is not the armed robbery suspect. Officer A tells the
				  stopped person that the person is free to leave at 1115 hours and the person drives
				  off. The "Duration of Stop" is 15 minutes, measured from the time Officer A stops
				  the person at 1100 until the time the person drives away at 1115 hours.
(4) "Location of Stop"
				  refers to the physical location where the stop took place and shall be reported as
				  follows:
(A) The officer shall report one of the
				  following options, which are provided in order of preference:
1. Geographic coordinates;
2. Block number and street name;
3. Closest intersection;
4. Highway and closest highway exit; or
5. If none of these options are applicable, the
				  officer may report a road marker, landmark, or other description, except that the
				  officer shall not provide a street address if the location is a residence.
(B) The officer shall report the city
				  or unincorporated area. To ensure uniformity, the Department shall provide a list of
				  cities and unincorporated areas within the State of California.
(5) "Perceived Race or Ethnicity of Person
				  Stopped" refers to the officer's perception of the race or ethnicity of the person
				  stopped. When reporting this data element, the officer shall make their
				  determination of the person's race or ethnicity based on personal observation only.
				  The officer shall not ask the person stopped their race or ethnicity, or ask
				  questions or make comments or statements designed to elicit this information.
(A) When reporting this data element, the officer
				  shall select all of the following data values that apply:
1. Asian
2. Black/African American
3. Hispanic/Latine(x)
4. Middle Eastern or South Asian
5. Native American
6. Pacific Islander
7. White
a.
				  Example: If a person appears to be both Black and Latine(x), the officer shall
				  select both "Black/African American" and "Hispanic/Latine(x)."
(B) "Asian" refers to a person having
				  origins in any of the original peoples of the Far East or Southeast Asia, including
				  for example, Cambodia, China, Japan, Korea, Malaysia, the Philippine Islands,
				  Thailand, and Vietnam, but who does not fall within the definition of "Middle
				  Eastern or South Asian" or "Pacific Islander."
(C) "Black/African American" refers to a person
				  having origins in any of the Black racial groups of Africa.
(D) "Hispanic/Latine(x)" refers to a person of
				  Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or
				  origin, regardless of race.
(E) "Middle
				  Eastern or South Asian" refers to a person of Arabic, Israeli, Iranian, Indian,
				  Pakistani, Bangladeshi, Sri Lankan, Nepali, Bhutanese, Maldivian, or Afghan
				  origin.
(F) "Native American" refers to
				  a person having origins in any of the original peoples of North, Central, and South
				  America.
(G) "Pacific Islander" refers
				  to a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or
				  other Pacific Islands, but who does not fall within the definition of "Middle
				  Eastern or South Asian" or "Asian."
(H)
				  "White" refers to a person of Caucasian descent having origins in any of the
				  original peoples of Europe and Eastern Europe.
(6) "Perceived Gender of Person Stopped" refers to
				  the officer's perception of the person's gender. When reporting this data element,
				  the officer shall make their determination of the person's gender based on personal
				  observation only. The officer shall not ask the person stopped their gender or use
				  the gender specified on the person's driver's license or other identification,
				  recognizing that the officer's observation may not reflect the gender specified on
				  the person's identification.
(A) When reporting
				  this data element, the officer shall select at least one of the following data
				  values.
1. Cisgender man/boy
2. Cisgender woman/girl
3. Transgender man/boy
4. Transgender woman/girl
5. Nonbinary person
(B) For purposes of completing this data element,
				  the officer shall refer to the following definitions:
1. "Cisgender" means a person whose gender
				  identity and gender expression align with the person's assigned sex at
				  birth.
2. "Transgender man/boy" means a
				  person who was assigned female at birth but who currently identifies as a man, or
				  boy if the person is a minor.
3.
				  "Transgender woman/girl" means a person who was assigned male at birth but who
				  currently identifies as a woman, or girl if the person is a minor.
4. "Nonbinary" means a person with a gender
				  identity that falls somewhere outside of the traditional conceptions of strictly
				  either female or male. People with nonbinary gender identities may or may not
				  identify as transgender, may or may not have been born with intersex traits, may or
				  may not use gender-neutral pronouns, and may or may not use more specific terms to
				  describe their genders, such as agender, genderqueer, gender fluid, Two Spirit,
				  bigender, pangender, gender nonconforming, or gender variant.
(7) "Perceived Sexual Orientation of
				  the Person Stopped" refers to the officer's perception of the stopped person's
				  sexual orientation. The officer shall not ask the stopped person to provide their
				  sexual orientation. When reporting this data element, the officer shall select one
				  of the following data values.
1. LGB+. "LGB+" is an
				  acronym that refers to lesbian, gay, bisexual and all other sexual orientations
				  other than heterosexual.
2.
				  Straight/Heterosexual. "Straight/Heterosexual" refers to a person who is only
				  attracted to a person of a gender other than their own.
(8) "Perceived Age of Person Stopped" refers to
				  the officer's perception of the approximate age of the person stopped. When
				  reporting this data element, the officer shall make their determination based on
				  personal observation only. The officer shall not ask the person stopped their age or
				  use the age specified on the person's identification, recognizing that the officer's
				  observation may not reflect the age specified on the person's identification. In
				  providing this information, the officer shall input an Arabic numeral (e.g., 1, 2,
				  3, 4) rounded up to the closest whole number.
(9) "Person Stopped Has Limited or No English
				  Fluency" refers to the officer's perception that the person stopped has limited or
				  no fluency in English. The officer shall only select this data element if it applies
				  to the person stopped.
(10) "Perceived
				  or Known Disability of Person Stopped" refers to the officer's perception that the
				  person stopped displayed signs of one or more of the following conditions; the
				  officer's knowledge that the person stopped has one or more of the following
				  conditions because the person stopped so advised the officer; or the officer's prior
				  knowledge that the person stopped had one or more of the following conditions.
				  Nothing in this provision alters any existing requirements to comply with reasonable
				  accommodation and anti-discrimination laws with respect to the treatment of people
				  with disabilities. When reporting this data element, the officer shall select all of
				  the following data values that apply:
(A) Deafness
				  or difficulty hearing
(B) Speech
				  impairment or limited use of language
(C) Blind or limited vision
(D) Mental health condition
(E) Intellectual or developmental disability,
				  including dementia
(F) Other
				  disability
(G) None. If "None" is
				  selected, no other data values can be selected.
(11) "Person Stopped Perceived to be Unhoused"
				  refers to the officer's perception that the person stopped is unhoused. When
				  reporting this data element, the officer shall make their determination based on
				  personal observation only, recognizing that the officer's observation may not
				  reflect the actual housing status of the stopped person.
(12) "Stop Made During the Course of Responding to
				  a Call for Service." The officer shall only select this data element if the stop was
				  made during the course of responding to a call for service, radio call, or dispatch.
				  An interaction that occurs when an officer responds to a call for service is only
				  reportable if the interaction meets the definition of "stop," as specified in
				  section 999.224, subdivision (a)(19). A call
				  for service is not a reason for a stop.
This data element is not mutually exclusive with the data
					 element "Stop Made During the Course of a Welfare or Wellness Check or an Officer's
					 Community Caretaking Function." If a stop was made during the course of conducting a
					 welfare or wellness check or the officer's community caretaking function as well as
					 during the course of responding to a call for service, an officer must select both
					 data elements.
(13) "Stop Made
				  During the Course of Performing a Welfare or Wellness Check or an Officer's
				  Community Caretaking Function." The officer shall only select this data element if
				  the stop was made during the course of performing a welfare or wellness check or the
				  officer's community caretaking function. A welfare or wellness check or an officer's
				  community caretaking function cannot be selected as a reason for a stop.
This data element is not mutually exclusive with the data
					 element "Stop Made During the Course of Responding to a Call for Service." If a stop
					 was made during the course of responding to a call for service as well as during the
					 course of conducting a welfare or wellness check or the officer's community
					 caretaking function, an officer must select both data elements.
(A) If an officer selects this data element, the
				  officer shall include the facts that formed the basis for conducting the welfare or
				  wellness check or the community caretaking function as part of their brief
				  explanation in the "Reason for Stop" narrative field.
1. Example: Officer A responded to a call for
				  service that a person was behaving erratically on a public street. Officer A
				  interacts with the person and determines that he has a knife and then threatens to
				  stab the officer. Officer A arrests the person. Officer A completes a stop data
				  entry for this interaction and selects the data element "Stop Made During the Course
				  of Performing a Welfare or Wellness Check or an Officer's Community Caretaking
				  Function." Under "Reason for Stop," Officer A selects "Probable Cause to Arrest or
				  Search." In the narrative field under "Reason for Stop," Officer A states that while
				  performing a welfare check on a person acting erratically on the street in response
				  to a call for service, the subject displayed a knife and threatened to stab the
				  officer. The individual was then arrested.
2. Example: Officer B is in their patrol vehicle
				  and observes a person lying down on the side of the street. Officer B interacts with
				  the person and determines the person is having a seizure. Officer B requests an
				  ambulance to transport the person to the hospital. Officer B does not need to report
				  this interaction.
3. Example: Officer C
				  responds to a call for service where a car has driven off the highway into a ditch.
				  Officer C arrives on scene and evacuates two children. After contacting the driver,
				  the officer smells a strong odor of alcohol and conducts field sobriety tests, which
				  the driver fails. Officer C then arrests the driver. Under "Reason for Stop,"
				  Officer C selects "Reasonable suspicion that the person was engaged in criminal
				  activity." In the narrative field under "Reason for Stop," Officer C states that
				  while engaging in a call for service at the scene of an automobile accident the
				  officer determined that the driver was driving under the influence of alcohol. The
				  driver was then arrested following failed field sobriety tests.
(14) "Reason for Stop" refers to the
				  primary reason why the officer stopped the person. The primary reason for stop may
				  be the same as, or differ from, the reason communicated by the officer to the
				  stopped person. The reason communicated to the person stopped shall be reported in
				  the "Reason Given to the Stopped Person" data element.
(A) When reporting this data element, the officer
				  shall identify only the primary reason for stopping a person, by selecting one of
				  the following data values. Justifications that did not inform the officer's primary
				  reason for the stop shall not be selected.
1.
				  Traffic violation. When selecting this data value, the officer shall also identify
				  the applicable code section and subdivision using the Department's standard
				  California Justice Information Services (CJIS) Offense Table. The officer shall also
				  designate the primary type of violation, which most closely applies to the
				  applicable offense:
a. Moving violation (e.g., a
				  violation of traffic laws regulating driver behavior while operating a vehicle, such
				  as speeding or reckless driving)
b.
				  Equipment violation (e.g., a violation of the duties outlined in traffic laws
				  related to the proper maintenance of a vehicle, such as a broken taillight or
				  missing license plate)
c. Non-moving
				  violation (e.g., a violation of traffic laws unrelated to vehicle maintenance or
				  operation and aimed at regulating other traffic laws, such as expired registration
				  tabs, or regulating behavior of pedestrians on or around roadways)
2. Reasonable suspicion that the person
				  was engaged in criminal activity.
This data value should not be selected if "Traffic violation" is
					 the reason for the stop or if the officer had probable cause to arrest or search at
					 the time the officer initiated the stop. When selecting this data value, the officer
					 shall select all applicable circumstances that gave rise to the officer's reasonable
					 suspicion from the list provided below. In addition, using the Department's standard
					 CJIS Offense Table, the officer shall identify the primary code section and
					 subdivision of the suspected violation of law that formed the basis for the
					 stop.
a. Officer witnessed commission of a
				  crime
b. Matched suspect
				  description
c. Matched description of
				  suspect's vehicle or vehicle observed at the scene of a crime
d. Witness or victim identified stopped person as
				  a suspect of a crime
e. Carrying
				  suspicious object
f. Actions indicative
				  of casing a victim or location
g.
				  Suspected of acting as a lookout
h.
				  Actions indicative of a drug transaction
i. Actions indicative of engaging in a violent
				  crime
j. Other reasonable suspicion or
				  probable cause that a crime has occurred
3. Probable cause to arrest or search. This data
				  value should only be selected if the officer already established probable cause at
				  the time the officer initiated the stop.
This data value should not be selected if "Traffic violation" is
					 the reason for the stop or if the officer only had reasonable suspicion that the
					 stopped person was engaged in criminal activity at the time the officer initiated
					 the stop. When selecting this data value, the officer shall select all applicable
					 circumstances that gave rise to the officer's probable cause from the list provided
					 in section 999.226, subdivision (a)(14)(A)2. In
					 addition, using the Department's standard CJIS Offense Table, the officer shall
					 identify the primary code section and subdivision of the suspected violation of law
					 that formed the basis for the stop.
4. Probable cause to take into custody under
				  Welfare and Institutions Code section
				  5150.
5. Known to be on parole/probation/PRCS/mandatory
				  supervision. The officer shall select this data value if the officer stopped the
				  person because the officer knows that the person stopped is a supervised offender on
				  parole, on probation, on post-release community supervision (PRCS), or on mandatory
				  supervision. The officer shall not select this data value if the officer learns that
				  the person has this status only after the person is stopped.
6. Knowledge of outstanding arrest warrant/wanted
				  person. The officer shall select this data value if the officer stopped the person
				  because the officer knows that the person stopped is the subject of an outstanding
				  arrest warrant or is a wanted person. The officer shall not select this data value
				  if the officer learns, after the person is stopped, that the person is the subject
				  of an outstanding arrest warrant or is a wanted person.
7. Investigation to determine whether the person
				  is truant.
8. Consensual encounter
				  resulting in a search. A consensual encounter is an interaction in which the officer
				  does not exert any authority over, or use any force on, a person, and the person is
				  free to leave. The officer shall only select this data value if a consensual
				  encounter results in a search, regardless of whether the resulting search is
				  consensual.
a. Example: During the course of a
				  witness interview in which the person is free to leave, the officer asks to search
				  the person's bag, and the person consents. In this case the reason for stop is a
				  "consensual encounter resulting in a search."
(B) When reporting the "Reason for Stop," the
				  officer shall also provide a brief explanation (250-character maximum) regarding the
				  reason for the stop. This explanation shall include additional detail beyond the
				  general data values selected for the "Reason for Stop." If the officer selects "Stop
				  Made During the Course of Performing a Welfare or Wellness Check or an Officer's
				  Community Caretaking Function," this explanation shall include detail regarding the
				  nature of that welfare check or the community caretaking function. If the primary
				  reason for the stop differs from the reason(s) for the stop communicated to the
				  stopped person, this explanation shall include detail regarding the reason why the
				  officer communicated to the stopped person a different reason for the stop than was
				  the actual, primary reason for the stop. If the officer did not communicate to the
				  stopped person a reason for the stop, the officer must explain the facts and
				  circumstances that gave rise to a reasonable belief that withholding the reason for
				  the stop was necessary to protect life or property from imminent threat, as part of
				  their brief explanation in the "Reason for Stop" narrative field. Officers shall not
				  include any personal identifying information of the persons stopped or Unique
				  Identifying Information of any officer in this explanation.
1. Example: If the officer selected "Reasonable
				  suspicion that the person was engaged in criminal activity/Actions indicative of a
				  drug transaction," the officer must use this field to briefly note the specific
				  nature of the actions indicative of a drug transaction and why they were
				  suspicious.
2. Example: If the officer
				  selected "Vehicle Code 26708 (Material Obstructing or Reducing the Driver's View)"
				  from the Department's standard CJIS Offense Table, the officer shall use this field
				  to briefly note the specific nature of the obstruction/reduction of the driver's
				  view (i.e., what specifically did the officer observe and how was such item
				  obstructing or reducing the driver's view).
(C) When reporting the "Reason for Stop," the
				  officer shall select any of the data values if relevant:
1. The stopped person is a passenger in a
				  vehicle.
2. The stopped person is inside
				  a residence, where an officer was executing a search or arrest warrant naming or
				  identifying another person, conducting a search pursuant to a condition of another
				  person's parole, probation, PRCS, or mandatory supervision, or conducting a
				  compliance check on another person under home detention or house
				  arrest.
(15) "Reason
				  Given to the Stopped Person" refers to the reason for the stop the officer
				  communicated to the stopped person at the time of the stop, as required under
				  Vehicle Code section
				  2806.5. The reason
				  communicated to the stopped person may be different from, or the same as, the actual
				  primary reason why the officer made the stop, as selected among the data values
				  under the Reason for Stop data element.
(A) When
				  reporting this data element, the officer shall identify the reason communicated to
				  the stopped person, by selecting all of the following data values that apply. The
				  officer should select the data values that best describes the reason communicated to
				  the stopped person.
1. Traffic violation- Moving
				  violation
2. Traffic violation-
				  Equipment violation
3. Traffic
				  violation- Non-moving violation
4.
				  Officer witnessed commission of a crime
5. Matched suspect description
6. Matched description of suspect's vehicle or
				  vehicle observed at the scene of a crime
7. Witness or victim identified stopped person as
				  a suspect of a crime
8. Carrying
				  suspicious object
9. Actions indicative
				  of casing a victim or location
10.
				  Suspected of acting as a lookout
11.
				  Actions indicative of a drug transaction
12. Actions indicative of engaging in a violent
				  crime
13. Other reasonable suspicion or
				  probable cause that a crime has occurred
14. Probable cause to arrest or search
15. Probable cause to take into custody under
				  Welfare and Institutions Code section
				  5150
16. Known to be on parole/probation/PRCS/mandatory
				  supervision
17. Knowledge of outstanding
				  arrest warrant/wanted person
18.
				  Investigation to determine whether the person is truant
19. Consensual encounter resulting in a
				  search
20. Possible conduct warranting
				  discipline under Education Code sections
				  48900,
				  48900.2,
				  48900.3,
				  48900.4, and
				  48900.7
21. Determine whether the student violated school
				  policy
22. Reason not communicated to
				  the stopped person because the officer reasonably believed that withholding the
				  reason for the stop was necessary to protect life or property from imminent
				  threat
(B) If the data
				  value(s) selected under this data element differ from the data value selected under
				  "Reason for Stop," the officer must explain why the officer communicated a different
				  reason for the stop than was the actual, primary reason for the stop, as part of
				  their brief explanation in the "Reason for Stop" narrative field.
(C) If the officer did not communicate to the
				  stopped person a reason for the stop, the officer must explain the facts and
				  circumstances that gave rise to a reasonable belief that withholding the reason for
				  the stop was necessary to protect life or property from imminent threat, as part of
				  their brief explanation in the "Reason for Stop" narrative field.
1. Example: Officer A stopped a person who matched
				  the description of a suspected child abductor. Officer A did not provide the person
				  with the reason for the stop at the time of the stop because Officer A was aware of
				  an Amber Alert that gave rise to the reasonable belief that withholding the reason
				  for the stop was necessary to protect life of the missing child from imminent
				  threat. Under the Reason Given to Person Stopped data element. Officer A selected
				  the data value, entitled "Reason not provided to the stopped person because the
				  officer reasonably believed that withholding the reason for the stop was necessary
				  to protect life or property from imminent threat." Under the Reason for Stop data
				  element, Officer A selected the data value, entitled "Reasonable suspicion that the
				  person was engaged in criminal activity." Officer A would then provide an
				  explanation for the difference in the "Reason for Stop" narrative field.
(16) "Non-Force-Related
				  Actions Taken by Officer During Stop" refers to an officer's actions toward the
				  person stopped that do not relate to the use of force. All non-force related actions
				  taken throughout the entire duration of the stop must be reported. All force-related
				  actions must be reported in the data element, "Force-related Actions Taken by
				  Officer During Stop". If the officer does not take any non-force-related actions,
				  the officer must select "None."
(A) Example: At
				  0900 hours, Officer A stops a person walking on a residential street who matches the
				  description of a burglary suspect. Officer A places the person in handcuffs and has
				  the person sit on the curb. Officer A takes both force-related and non-force-related
				  actions towards the stopped person, even after Officer A handcuffs the person.
				  Officer A then places the stopped person in a patrol vehicle at 0945 hours and
				  transports the person to the jail for booking. Officer A must report all non-force
				  related actions taken from the time the person is stopped until the time the person
				  is removed from the scene of the stop. Non-force-related actions must be reported in
				  the "Non-Force-Related Actions Taken by Officer During Stop" data element.
				  Force-related actions must be reported in the "Force-Related Actions Taken by
				  Officer During Stop" data element.
(B)
				  The reporting officer shall select all of the following data values that apply, even
				  if any or all of the actions were undertaken by another officer:
1. Person removed from vehicle by order
2. Field sobriety test conducted
3. Curbside detention. This refers to any time an
				  officer directs the person to sit on the sidewalk, curb, or ground.
4. Patrol car detention
5. Peace officer's canine used to search for,
				  locate, and/or detect contraband
6.
				  Person photographed
7. Asked whether the
				  person is on parole, probation, PRCS, or some other form of mandatory
				  supervision
8. Asked for consent to
				  search person
a. Consent given
b. Consent not given
9.
Terry v. Ohio
frisk/pat search
				  of the person's outer clothing was conducted. For any other search of person, the
				  officer must select "Search of person was conducted." This data value should not be
				  selected when an officer only conducts a search of the stopped person that is more
				  intrusive than patting down the outer clothing and/or for a reason other than
				  determining whether the person is armed and dangerous for purposes of officer
				  safety. In that scenario, the officer must select "Search of person was conducted."
a. Example: Officer A stopped an individual that
				  matched the description of someone suspected of armed robbery and conducted a search
				  of a stopped person's outer clothing for weapons. Officer A did not conduct any
				  other search of the person. Officer A should select "
Terry v. Ohio
frisk/pat search of the person's outer clothing was conducted" when reporting the
				  actions Officer A took during this stop.
b. Example: Officer B stopped a person and patted
				  the outer clothing of the stopped person for weapons based on specific facts that
				  the person was armed and dangerous. Officer B did not find any weapon and continued
				  the interaction with the stopped person. During their discussion, the stopped person
				  indicated that they had just purchased illegal drugs that were in their pocket.
				  Based upon reasonable suspicion, Officer B then reached inside the stopped person's
				  pocket and retrieved contraband. When reporting the actions Officer B took during
				  this stop, Officer B should select both "
Terry v. Ohio
frisk/pat
				  search of the person's outer clothing was conducted" to capture Officer B's initial
				  pat search of the stopped person's outer clothing and "Search of person was
				  conducted" to capture Officer B's search of stopped person's pocket.
10. Search of person was conducted.
				  This data value should be selected if a search of the person was conducted,
				  regardless of whether the officer asked for or received consent to search the
				  person. This data value should not be selected when an officer only conducts a
Terry v. Ohio
frisk/pat search of the person's outer clothing to
				  determine whether the person is armed and dangerous for purposes of officer safety.
				  In that scenario, the officer must select "
Terry v. Ohio
frisk/pat
				  search of the person's outer clothing was conducted."
a. Example: Officer A conducted a search of a
				  person for contraband, by searching their pockets and the inside of their shoes.
				  Officer A should select "Search of person was conducted" when reporting the actions
				  taken related to the search.
11. Asked for consent to search property
a. Consent given
b. Consent not given
12. Search of property was conducted. This data
				  value should be selected if a search of the person's property was conducted,
				  regardless of whether the officer asked for or received consent to search the
				  property.
13. Property was
				  seized
14. Vehicle impounded
15. Ran name of stopped person's passenger (e.g.,
				  using patrol car computer or through a request to dispatch). This data value should
				  be selected only in the stop data entry for a stopped driver in order to capture the
				  act of running the name of a passenger in a vehicle.
16. Asked for identification of stopped person's
				  passenger. This data value should be selected only in the stop data entry for a
				  stopped driver in order to capture the act of requesting the identification of a
				  passenger in a vehicle.
17. None. This
				  data value should only be selected if none of the enumerated data values apply. If
				  "None" is selected, no other data values can be selected.
(C) "Basis for Search." If, during the stop, the
				  officer conducted a search of the person, the person's property, or both, the
				  officer shall report the basis for the search.
1.
				  The officer shall identify the basis for the search by selecting all of the
				  following data values that apply:
a. Consent
				  given. The officer shall report the form of consent given by the stopped person from
				  the following data values:
i. Verbal
ii. Written
iii. Implied by conduct.
b. Officer safety/safety of others
c. Search warrant
d. Condition of parole/probation/PRCS/mandatory
				  supervision
e. Suspected
				  weapons
f. Visible contraband
g. Odor of contraband
h. Canine detection
i. Evidence of crime
j. Incident to arrest
k. Exigent circumstances/emergency
l. Vehicle inventory (for search of property
				  only)
2. When reporting the
				  "Basis for Search," the officer shall also provide a brief explanation
				  (250-character maximum) regarding the basis for the search. This explanation shall
				  include additional detail beyond the general data values selected for "Basis for
				  Search." If a consent search is conducted, officers shall include a description of
				  the specific conduct of the stopped person (i.e. the specific verbal statements,
				  physical movements, or other behavior) that was reasonably interpreted by the
				  officer as consent. Officers shall not include any personal identifying information
				  of the persons stopped or Unique Identifying Information of any officer in this
				  explanation. If the basis for the search is "Condition of
				  parole/probation/PRCS/mandatory supervision," officers shall describe how they
				  learned of the search condition. For example, if the officer learned of the
				  parole/probation/PRCS/mandatory supervision status after checking with dispatch, the
				  officer would indicate that.
a. Example: If the
				  officer selected "Suspected weapons" as the "Basis for Search," the officer must use
				  this field to explain the specific nature of the suspected weapons (i.e., what were
				  the specific objects, shapes, and/or movements observed that made the officer
				  suspicious and what type of weapons were suspected).
b. Example: If the officer selected "Consent
				  given" and then "Implied by conduct," the officer must use this field to explain the
				  specific conduct of the stopped person (i.e., the specific verbal statements,
				  physical movements, or other behavior) that was reasonably interpreted by the
				  officer as consent to search.
(D) "Contraband or Evidence Discovered, if Any."
				  The officer shall indicate whether contraband or evidence was discovered during the
				  stop, including contraband or evidence discovered in plain view or as the result of
				  a search, and the type of contraband or evidence discovered, by selecting all of the
				  following data values that apply:
1. None. If
				  "None" is selected, no other data values can be selected.
2. Firearm(s)
3. Ammunition
4. Weapon(s) other than a firearm
5. Drugs/narcotics
6. Alcohol
7. Money
8. Drug paraphernalia
9. Suspected stolen property
10. Cell phone(s) or electronic
				  device(s)
11. Other contraband or
				  evidence
(E) Additional Data
				  Regarding Type of Property Seized.
1. "Basis for
				  Property Seizure." If the officer seized property during the stop, regardless of
				  whether the property belonged to the person stopped, the officer shall report the
				  basis for the property seizure by selecting all of the following data values that
				  apply:
a. Safekeeping as allowed by
				  law/statute
b. Contraband
c. Evidence
d. Impound of vehicle
e. Abandoned Property
2. "Type of Property Seized." If the officer
				  seized property during the stop, regardless of whether the property belonged to the
				  person stopped, the officer shall report the type of property seized, by selecting
				  all of the following data values that apply:
a.
				  Firearm(s)
b. Ammunition
c. Weapon(s) other than a firearm
d. Drugs/narcotics
e. Alcohol
f. Money
g. Drug paraphernalia
h. Suspected stolen property
i. Cell phone(s) or electronic device(s)
j. Vehicle
k. Other contraband or evidence
(17)
				  "Force-Related Actions Taken by Officer During Stop" refers to an officer's actions
				  toward the person stopped that relate to the use of force. All force-related actions
				  taken throughout the entire duration of the stop must be reported. All
				  non-force-related actions must be reported in the data element, "Non-Force-Related
				  Actions Taken by Officer During Stop." If the officer does not take any
				  force-related actions, the officer must select "None."
(A) The reporting officer shall select all of the
				  following data values that apply, even if any or all of the actions were undertaken
				  by another officer:
1. Handcuffed or flex
				  cuffed
2. Physical compliance tactics
				  and techniques. This refers to the use of any part of the officer's body to make
				  contact with the stopped person, when the purpose of such contact is to restrict
				  movement or control a person's resistance and includes: any physical strike by the
				  officer; or the use of significant physical contact by the officer. Examples of such
				  contacts include, but are not limited to, hard hand controls, the forcible taking of
				  a subject to the ground, and hitting or kicking the individual.
3. Peace officer's canine removed from patrol
				  vehicle to gain compliance and/or for purposes of stopped
				  person-apprehending
4. Peace officer's
				  canine bit or held person
5. Firearm
				  pointed at person
6. Firearm
				  discharged
7. Firearm
				  unholstered
8. Electronic control device
				  pointed at person or sparked
9.
				  Electronic control device used in dart-mode
10. Electronic control device used in drive-stun
				  mode
11. Impact projectile weapon
				  pointed at person
12. Impact projectile
				  discharged or used (e.g., blunt impact projectile, rubber bullets or bean
				  bags)
13. Baton or other impact weapon
				  drawn
14. Baton or other impact weapon
				  used, or other object (including a firearm) to strike or prod
15. Chemical spray used (e.g., pepper spray, mace,
				  or other chemical irritants)
16. Person
				  removed from vehicle by physical contact
17. Use of vehicle in apprehension of stopped
				  person. This refers to the use of a vehicle to restrict movement or control a
				  person's resistance.
18. None. This data
				  value should only be selected if none of the enumerated data values apply. If "None"
				  is selected, no other data values can be selected.
(18) "Result of Stop" refers to the outcome of the
				  stop. When reporting this data element, the officer shall select all of the
				  following data values that apply. In addition, for warnings, citations, cite and
				  release, and custodial arrests (with the exception of an arrest pursuant to an
				  outstanding warrant) the officer shall also, using the Department's standard CJIS
				  Offense Table, identify the code, including the section number and appropriate
				  subdivision, that is the basis for the warning, citation, cite and release, or
				  custodial arrest, where applicable. If more than one code section forms the basis
				  for the warning, citation, cite and release or custodial arrest, the officer shall
				  identify all applicable code sections and subdivisions. If the Result of Stop is
				  based on an ordinance, the officer shall select "local ordinance viol" from the
				  Department's CJIS Offense Table without the need for the specific section number.
(A) No action. If "No Action" is selected, no
				  other data values can be selected.
(B)
				  Verbal Warning
(C) Written
				  Warning
(D) Citation for
				  infraction
(E) In-field cite and
				  release
(F) Custodial arrest pursuant to
				  outstanding warrant
(G) Custodial arrest
				  without warrant
(H) Field interview card
				  completed
(I) Noncriminal transport or
				  caretaking transport. This includes transport by an officer, transport by ambulance,
				  or transport by another agency.
(J)
				  Contacted parent/legal guardian or other person legally responsible for the
				  person.
(K) Psychiatric hold (pursuant
				  to Welfare & Institutions Code sections 5150 and/or 5585.20)
(L) Contacted U.S. Department of Homeland Security
				  (e.g., Immigration and Customs Enforcement, Customs and Border
				  Protection)
(19) "Officer's
				  Identification (I.D.) Number" refers to a permanent identification number assigned
				  by the reporting agency to the reporting officer, which shall be used for all
				  reporting to the Department required under this chapter. The reporting agency shall
				  not assign the officer a new Officer's I.D. Number under any circumstances. If an
				  officer leaves the reporting agency, the reporting agency shall not reassign that
				  Officer I.D. Number to any other officer employed by the agency. For purposes of
				  these regulations, an Officer's I.D. Number shall be considered Unique Identifying
				  Information.
(20) "Officer's Years of
				  Experience" refers to the officer's total number of years they have been a peace
				  officer as defined in Chapter 4.5 (commencing with Section
				  830) of Title 3 of
				  Part 2 of the Penal Code. When reporting this data element, the officer shall count
				  the total number of years they have been a peace officer, and not the number of
				  years at their current agency. If the officer has served as a peace officer
				  intermittently or part-time, they shall only count the time actually worked as a
				  peace officer. In providing this information, the officer shall input an Arabic
				  numeral (e.g., 1, 2, 3, 4) rounded up to the closest whole number.
(21) "Type of Assignment of Officer" refers to the
				  type of assignment to which an officer is assigned at the time of the stop. When
				  reporting this data element, the officer shall select one of the following data
				  values:
(A) Patrol, traffic enforcement, field
				  operations
(B) Gang
				  enforcement
(C) Compliance check (e.g.,
				  parole/probation/PRCS/mandatory supervision)
(D) Special events (e.g., sports, concerts,
				  protests)
(E) Roadblock or DUI sobriety
				  checkpoint
(F) Narcotics/vice
(G) Task force
(H) K-12 Public School, including school resource
				  officer or school police officer
(I)
				  Investigative/detective
(J) Off duty
				  and/or working private event
(K)
				  Contracted by another law enforcement agency. If this data value is selected, the
				  officer shall specify the type of assignment.
(L) Other. If other is selected, the officer shall
				  specify the type of assignment.
(22) "Race or Ethnicity of Officer" refers to the
				  officer's identified race. When reporting this data element, the officer shall
				  select all applicable data values set forth in section
				  999.226, subdivision (a)(5)(A), and
				  described in 999.226, subdivision (a)(5).
(23) "Gender of Officer" refers to the officer's
				  identified gender. When reporting this data element, the officer shall select all
				  applicable data values set forth in section
				  999.226, subdivision (a)(6)(A).
				  [Pursuant to the final judgment in
Marvel, et al. v. State of
				  California
, et al., Sacramento County Superior Ct., No. 24CV000737, the
				  California Department of Justice and its agents, employees and representatives are
				  permanently enjoined from enforcing this subdivision and permanently enjoined from
				  requiring any individual to provide the "gender of officer" as defined in this
				  subdivision.]