Police watchdog agree ‘race played a part’ in cop stopping driver on Old Kent Road a year ago

A police watchdog has found racial bias played a part in a cop’s decision to stop a driver on the Old Kent Road.

The Independent Office of Police Conduct has now said: The officer will now have to reflect and learn from this.”

Its findings arise from a complaint by the driver who was stopped and searched in Southwark, during an incident that was filmed and shared widely on social media.

It found a Metropolitan Police Service (MPS) officer racially profiled the driver prior to the stop.

The 27-year-old man was stopped after being observed while driving in Old Kent Road May 2 last year. He was placed in handcuffs and his car and his three passengers, who were not handcuffed, were searched under the Misuse of Drugs Act by the officers who worked in pairs searching one person each.

The IOPC began our investigation in May 2020 after the man complained that an officer did not provide adequate grounds for a stop and search – that he had been stopped due to his race and that excessive use of force was used during the incident.

There was also a claim that damage to his vehicle and mobile phone occurred during the search, and officers failed to observe data protection legislation and social distancing rules.

The investigation, completed in January this year, included taking statements from witnesses and the officers involved, reviewing CCTV and body worn video footage, and MPS policies concerning stop and search and the use of Personal Protective Equipment (PPE).

Officers gave a number of reasons for conducting the search, including the how the man was driving the car and his alleged refusal to stop or get out of the vehicle when asked. Based on the evidence gathered, we found a case to answer for three of the man’s six complaints.

The IOPC found one officer had a case to answer for misconduct due to bias as he racially profiled the man during the incident, did not provide adequate grounds for the stop and failed to follow the guidance provided by the College of Policing. 

The force agreed the officer should address these issues and focus on what is reasonable grounds for stop and search – and consider the impact of the disproportionate use of stop and search on black and minority ethnic communities. 

The IOPC confirmed the officer breached Coronavirus force policy by failing to wear proper PPE. This part of the complaint was upheld, and the force will also address this with the officer concerned.

The investigation established that the officer could have used tactics to de-escalate the situation rather than handcuffing and using the ‘red-dot’ function of the Taser on the man. 

But it found no evidence to support the man’s complaint that the officer used excessive force.

The IOPC could not determine if any damage was caused to the man’s car or mobile phone and did not find evidence that data protection legislation was breached.

IOPC Regional Director Sal Naseem said: “Stop and search is an important policing tool but can also be very intrusive and affect the trust and confidence that black communities have in the police service. It is vital it is used with care. Our investigation found evidence that racial bias played a part in an officer’s decision to stop the member of the public and the officer will now have to reflect and learn from this.

“It is this sort of incident that can undermine the legitimacy of stop and search as a policing tactic. For those members of the community affected disproportionally by the use of stop and search, they must have confidence that racial bias plays no part in how this policing power is used.”