AUGUSTA - A bill by Rep. Victoria Morales, D-South Portland, to end the law enforcement practice known as "pretextual traffic stops" earned initial approval Tuesday in the Maine House. The vote was 72-67.
A pretextual traffic stop occurs when a police officer pulls over a driver for a traffic violation with the intent to investigate unrelated criminal activity for which the officer does not at the time of the stop have an articulable suspicion. LD 417 would prohibit this practice.
"In order for the criminal justice system to work, the public must trust it. This bill is a small step toward building that trust," said Morales. "The bill changes the current policy that allows officers to use minor violations, such as a mask hanging from the rearview mirror, as a pretext for stopping vehicles to explore other activity based on a hunch. The problem with that is that hunches are not the same as a reasonable suspicion, and bias too often becomes the driver of the decision."
Supporters say the practice has led to the arrest of Black Mainers and other Mainers of color at higher rates than their white neighbors. An ACLU study found that Black Mainers were roughly four times more likely than white Mainers to be arrested for cannabis possession in 2018. In York County, the rate of arrests was more than 12 times greater.
"These disparate arrest rates do not reflect a disparate rate of possession of cannabis. Instead, these rates reflect a racially disparate rate of police interactions with the public," said Michael Kebede, policy counsel for the ACLU of Maine, at the bill's public hearing. "In many cases not captured in these data, pretextual stops result in no charge, but the impact of pretextual traffic cannot be overstated. Pretext stops can erode respect for the law and traumatize drivers, especially drivers of color."
This bill is the work of many stakeholders to balance the important goals of public safety, liberty and justice, Morales added.
The measure faces additional votes.
Morales is serving her second term in the Maine House. She represents part of South Portland and is a member of the Criminal Justice and Public Safety Committee.
Contact:
Jackie Merrill [Morales], c. 812-1111