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Searching for Contraband: Assessing the Use of Discretion by Police Officers

NCJ Number
235167
Journal
Police Quatterly Volume: 14 Issue: 2 Dated: June 2011 Pages: 166-185
Author(s)
Rob Tillyer; Charles Klahm IV
Date Published
June 2011
Length
20 pages
Annotation
This study explored the use of discretion by police officers.
Abstract
Over the past 50 years, research on criminal justice decisionmaking has consistently explored the use of discretion by police officers. The general theme of this research has been to argue for limiting officer discretion based on concerns that minority citizens receive unequal and unjustified treatment due to unbridled discretion. A contrasting position suggests that officer discretion may be helpful in achieving effective and efficient outcomes. The authors explore this debate by empirically assessing the contraband seizure rates generated from mandatory and discretionary searches during officer-initiated traffic stops within a municipal jurisdiction. The findings indicate that Black citizens are twice as likely as White citizens to be discovered with contraband during discretionary searches, but not during mandatory searches. Implications for policy and future research are discussed. (Published Abstract)