Bill 2-24: The Freedom to Leave Act - Overview

Issue Background: The role of modern police has expanded to include many non-criminal government functions. These interactions, particularly traffic stops, often escalate into harmful situations. High-profile traffic stop incidents like the police killings of Tyre Nichols and Philando Castile highlight how dangerous these interactions can be, especially for Black drivers.

Bill Overview: The Freedom to Leave Act, introduced by Councilmember Will Jawando, aims to ban consent searches during traffic stops in Montgomery County. A consent search is when the police ask for permission to search your car, even if they don't have a warrant or probable case. The bill is part of an effort to reduce racial disparities and rebuild trust between the community and law enforcement.

Key Points:

• Consent Searches: When police ask a driver for permission to search their car, the officer has more power than the driver. This power imbalance means that drivers will feel more pressured to say "yes," even if they do not want to. Black drivers are disproportionately affected, with reports showing they are more likely to be stopped and searched despite making up a smaller percentage of the population. Consenting is a survival tactic, not a true choice.
• Racial Disparities: Between 2018-2022, Black drivers accounted for 30% of traffic stops and 43% of searches, despite only being 18% of the population.
• Effectiveness: Less than 5% of consent searches in Montgomery County result in the recovery of guns, drugs, or other evidence of a crime, so this is not an effective policing tool. It also leads to a loss of trust between the community and police, making it harder for officers to do their job.
• Goal: By banning consent searches, the bill seeks to reduce unnecessary stops, enhance police resources for serious crimes, and promote racial equity in law enforcement. The Montgomery County Council must pass the Freedom to Leave Act now!