A Commitment to Bias-free Policing
It is the policy of the Florida Fish and Wildlife
Conservation Commission's Division of Law Enforcement to prohibit
biased policing, to train all members engaged in enforcement
activities in the prohibition against biased policing, and to
thoroughly investigate all complaints of biased policing.
A fundamental right guaranteed by the Constitution
of the United States is equal protection under the law. Along with
this right to equal protection is the fundamental right to be free
from unreasonable searches and seizures by government agents as
guaranteed by the Fourth Amendment. Citizens are free to enjoy and
use Florida's natural resources, walk and drive the state's
streets, highways, and other public places without police
interference so long as they obey the law. Citizens also are
entitled to be free from crime, and from the acts of criminals, and
to drive and walk our public ways safe from the actions of reckless
and careless drivers and vessel operators.
The Division of Law Enforcement is charged with
protecting these rights, for all, regardless of race, color,
ethnicity, national origin, religion, sexual orientation, gender,
or economic status.
Police action which is biased is illegal and
violates the equal protection clause and the Fourth Amendment of
the Constitution. It also alienates citizens, fosters distrust of
police, and undermines legitimate law enforcement efforts.
The nature of the law enforcement profession
requires the Division's members to be observant, to identify
unusual occurrences and violations of the law, and to act upon
them. Proactive enforcement preserves Florida's natural resources
for the enjoyment of current and future generations, keeps the
state's citizens free from crime and our streets and highways safe
to drive upon.
Criminal profiling is a legitimate tool in the
fight against crime. Criminal profiling is an investigative method
in which an officer, through observation of activities and
environment, identifies suspicious behavior by individuals and
develops a legal basis, consistent with the Fourth Amendment, to
stop them for questioning.
However, illegal profiling, or biased policing,
refers to a decision by an officer to stop, detain, interdict, or
search an individual based on the race, color, ethnicity, national
origin, religion, sexual orientation, gender, or economic status.
The FWC Division of Law Enforcement prohibits illegal profiling and
biased policing as a law enforcement tactic and does not tolerate
or condone its use by any of its members in traffic contacts, field
contacts, or in asset seizures or forfeiture efforts. It is the
Division of Law Enforcement's philosophy to assist law enforcement
in accomplishing this total mission in a way that respects the
dignity of all persons and yet sends a strong message to actual and
potential lawbreakers that if they break the law, said behavior
will not be tolerated and will likely result in an encounter with
law enforcement.
The Division is committed to doing the right thing.
Discriminatory enforcement practices alienate citizens, foster
distrust of police in the community, invite media scrutiny,
legislative action and judicial intervention, and potentially lead
to allegations of constitutional and civil rights violations. As
the Division performs its duties, it is imperative that all
citizens are afforded equal protection under the law. Division
members use many investigative tools. Criminal profiling is one of
many accepted and necessary law enforcement investigative
practices. However, it differs from and should not be confused with
biased policing. One is an investigative tool; the other, a
discriminatory practice.
In order to ensure the Division's compliance with
its bias-free policing approach, the Division Director initiates an
annual review of all complaints of biased policing by Division
members in order to proactively address issues and concerns and to
reinforce the Division's commitment to bias-free policing.
Persons with Disabilities