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

Abstract

Over the past 50 years, research on criminal justice decision making 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. We 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.