Toward a better understanding of racial and ethnic disparities in search and seizure rates

Recent studies demonstrated a consistent research finding that compared to Caucasian motorists, Black and Hispanic motorists were significantly more likely to be subjected to personal and/or vehicle searches during traffic stops, but significantly less likely to be found in possession of contraband. Explanations for these findings were typically based on speculation regarding officers' racial animus, bias, and discrimination. Unfortunately, very little is truly known about the reasons for these disparate patterns in police behavior. This article presents an alternative explanation for the reoccurring findings of racial/ethnic disparities in searches and seizures, based on research findings regarding the accuracy of clues of deception and suspicious behavior taught to officers through highway criminal interdiction training. These research findings are used to develop a hypothesis that could account for the patterns of racial/ethnic disparities in search rates. The implications for future research and policing policies based on this hypothesis are discussed.