California law enforcement will now have to tell drivers why they pulled them over before engaging in any questioning related to the traffic stop, thanks to a new state law that's set to take effect on January 1.
The bill, A.B. 2773, was signed by California Governor Gavin Newsom in September 2022 and is intended to prevent "pretextual stops," a situation where an officer stops a vehicle or pedestrian for a minor violation with the intent of searching the individual for signs of higher-level crime indicators. The law applies to traffic and pedestrian stops made by any "peace officer," a term used to describe all law enforcement personnel at the state and local level.
Advocates for the bill argue that the new law will help protect citizens who are disproportionately impacted by minor traffic violations, such as Black Californian drivers. California Assemblymember Chris Holden, who authored the bill, said during an assembly floor analysis last August that the purpose of the law is "to promote equity and accountability in communities across California."
"A.B. 2773 brings transparency to service of protecting our public," Holden told his fellow state lawmakers.
According to a 2021 report by the Public Policy Institute of California (PPIC), which analyzed data from nearly 4 million stops by California's 15 largest law enforcement agencies, Black Californians were twice as likely to be searched during a police stop than white citizens. Black Californias are also more likely than whites to face arrest during stops, at 9.5 percent compared to 5.6 percent, respectively.
Black and Latino Californias are also more likely to face intrusive action from law enforcement, which the PPIC defines as instances where police officers use force during the stop or stopped citizens are asked to step out of a vehicle or face some sort of physical contact. The California Public Defenders Association said the new law would "increase transparency and public confidence in law enforcement by requiring an officer to immediately reassure the individual of the reason for the stop."
"Unfortunately, some officers launch into a series of questions that may have no apparent relationship to any basis for the stop," the Public Defenders Association said at an assembly hearing regarding AB 2773 last August. "The longer the questioning goes on the more apprehensive the individual becomes of the officer's true motives. However, when confronted by an officer they may feel compelled to answer the questions when in fact they are not required to do so."
"If informed at the outset of the basis for the stop, the individual would know if any subsequent questions are legitimate or an attempt to elicit incriminating statements or acquiescence to a search," the association added.
Marcus Benigno, a spokesperson for the American Civil Liberties Union (ACLU) of Southern California, told Newsweek that the new law only scratches the surface of the problems impacting public safety.
"While informing drivers should be part of the stop process, what we really need to protect people against pretextual stops and the significant harms they cause are laws prohibting officers from making these unnecessary stops in the first place," Benigno said.
A.B. 2773 did face pushback from California's State Sheriff's Association during debate on the bill last year, which argued that "obtaining more information from the subject of the stop is vital to protecting everyone's safety."
"Traffic stops can be among the most dangerous types of interactions that peace officers encounter and it often makes sense for an officer to seek and obtain additional information at the very beginning of a contact," the sheriff's association said during a state floor hearing. "This can be vital in assessing the risk emanating from the stop, and peace officers are trained that determining risk surrounding a traffic stop is a key consideration."
The new bill states that officers must state the reason for the stop "unless the officer reasonably believes that withholding the reason for the stop is necessary to protect life or property from imminent threat." The California Sheriff's Association argued, however, that this exception "is not enough to address all situations imbued with risk."
The Los Angeles Police Department told Newsweek via email to reach back out for comment on A.B. 2773 after the department had implemented the new bill.
Update 12/28/23, 2:55 p.m. ET: This story has been updated with additional comment from the ACLU.
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