The Definition of "Demonstrating Bias" Per California POST

This post is only offered as a discussion topic only and does not represent legal advice. Officers must refer to the laws in their own State as well as their agency's policies, which can be more restrictive on officers that the law requires.

On April 18, 2024, the California Code of Regulations, Title 11, Section 1205 was updated to provide a definition of the meaning of "Demonstrating Bias" for purposes of decertifying police officers. 

Section 1205 reads as follows, “A) An officer is “demonstrating” bias for purposes of this Regulation when the officer either shows or displays, by words, actions or other conduct, prejudice, intolerance, contempt, or hatred towards one or more persons due to that person’s membership within a class of persons identified in Penal Code section 13510.8(b)(5), when such words, actions or other conduct would lead a reasonable person to conclude that the officer has not fairly and impartially performed, or will not fairly and impartially perform, their law enforcement duties.” 

It goes on to add, “B) An officer engaging in racial profiling in violation of Penal Code section 13519.4 is demonstrating bias because profiling casts suspicion on a class of people without individualized suspicion as to the person being stopped.” 

Officer's should remember, when dealing with anyone, professionalism is always the best policy. While we all have our own biases, there is no place for their expression in performance of our job. Even the simplest comment could be cause for your decertification as a peace officer. 

This blog topic serves as a summary of our video lesson on this crucial topic. If you're interested in accessing the full video lesson and additional resources, click the link to register for your free 30-day trial.