The Discretion to Search

Abstract

Understanding police decision making has been a priority for policing scholars since the middle part of the 20th century. Recent emphasis has focused on examining the decision to search drivers and vehicles during pedestrian and traffic stops. The current study contributes to this body of literature by testing a series of hypotheses based on Skolnick’s notion of “symbolic assailants” and Smith and Alpert’s social conditioning model. Using data gathered from a large, Midwestern municipal jurisdiction over an 8-month period during 2005 and 2006, we estimate a series of hierarchical models to assess the relationship between discretionary searches and driver, vehicle, stop, and officer characteristics. Results indicate that specific driver groups including young, Black males are more likely to be searched for discretionary reasons. This relationship is further conditioned by officer assignment. Policy implications and suggestions for future research are also discussed.