APD changes policy on vehicle searches

AUSTIN (KXAN) - Austin police are changing their policy when it comes to vehicle searches. The move comes after complaints and a recent report criticized APD for searching more minority drivers.

Earlier this summer, the Austin Police Monitor released statistics that showed one in 18 African-Americans in Austin are searched during traffic stops, opposed to one in 10 Hispanics and one in 28 Caucasians.

"What is the harm done to the trust between the department and the person that we're stopping, if in fact that man or woman is a law-abiding citizen that has committed no crime?” APD Police Chief Art Acevedo posed.

Before, if police pulled you over, they only had to obtain your consent on audio and video to search your car. Now, the new policy change says they must also contact their supervisor first for approval and get your written consent.

"One of the concerns that was raised was that usually you've got to worry about young officers that may be overzealous in terms of seeking consent when there really isn't an articulated reason to do so,” said Acevedo.

Police said it should help cut down on unnecessary searches. But defense attorneys KXAN spoke with recommend drivers still not consent to a search in most cases.

"By simply saying, ‘No, you can't search my vehicle,’ often times the police won't search,” said David Frank, a local criminal defense attorney. “They will respect that right of privacy and decline searching the vehicle."

There are some exceptions to this refusal for drivers who are on probation or those with a warrant out for their arrest.