Mecklenburg sheriff changes rules for traffic stops by deputies. What you should know.

Sheriff Garry McFadden says he expects to receive criticism for his office’s new traffic stop policy. Mecklenburg County sheriff’s deputies will no longer stop cars for infractions such as tinted windows, expired registration, or a broken taillight under the new policy.

McFadden, during a news conference Monday, said he believes the policy will make the community a little bit safer, by reducing racial profiling and disparities in traffic stops. He said he encourages other law enforcement agencies to adopt the same policy.

“If I can save a child, or I can save a mother from not going to a funeral, or if I can bring some peace in a neighborhood ... I’m willing to sacrifice that,” he said.

The backlash came shortly after the news conference.

“There are ways to go about changing laws, simply choosing to overlook them and tell your deputies to not stop cars based on these offenses isn’t being ‘progressive,’ it’s called being irresponsible,” from the Charlotte-Mecklenburg Fraternal Order of Police said in a Facebook post.

The policy, which the sheriff’s office adopted Sept. 19 and announced to the public 10 days later, tells deputies that they cannot pull over a vehicle for a regulatory stop alone. Regulatory stops, or “non-moving violations,” include driving without insurance or driving on a revoked license.

Now, deputies can only issue a ticket or citation for those offenses after stopping a driver for something more serious, such as speeding or driving under the influence, the sheriff’s office said.

The change was proposed to McFadden’s office by Forward Justice and the North Carolina Second Chance Alliance, which allege racial disparities are reinforced by regulatory and investigative stops.

Here is what drivers should know about the sheriff’s new policy in Mecklenburg County:

Drivers can still receive a citation for a regulatory violation.

The new policy doesn’t prohibit deputies from issuing a ticket or citation for a regulatory offense, if a driver have already been pulled over for speeding, driving while impaired, or another moving violation.

McFadden said the policy change will allow deputies to focus on more dangerous violations, but they can still issue more than one citation.

Deputies also can issue tickets for regulatory offenses during collaborations with other law enforcement agencies, including the Charlotte-Mecklenburg Police Department, at DWI checkpoints and license checks, McFadden said.

Will this stop racial disparities in Mecklenburg County?

Forward Justice said it information from the State Bureau of Investigation and statistics calculated on NC CopWatch, a website that utilizes statewide traffic data, in proposing the policy change.

The group’s data showed:

▪ Black people are about 22% of the population yet 30% of traffic stops

▪ White people are 69% of the population but 60% of traffic stops – making Black drivers 95 percent more likely to be stopped.

▪ Black people tend to drive 20% less than white people

“In Mecklenburg County alone, we know that five of the 10 most charged offenses in this county are regulatory offenses,” Forward Justice staff attorney Whitley Carpenter said. “So we have to begin limiting these unnecessary interactions.”

Mecklenburg sheriff’s deputies made 602 traffic stops from Jan. 1, 2020-Dec. 31, 2021, where a regulatory offense was the primary reason for the stop, according to data provided by McFadden’s office. Deputies averaged between 6,200 and 8,000 traffic stops over the past two years, officials said.

CMPD: No changes coming

McFadden and Forward Justice said they are hopeful Charlotte-Mecklenburg Police will adopt a similar policy. Until then, CMPD officers can pull drivers over for regulatory offenses.

Carpenter said she has not yet spoken with police Chief Johnny Jennings about the policy.

In a statement Tuesday afternoon, CMPD said it is not considering a change in policy.

“These types of stops are a crucial investigative tool for vehicle safety and crime management,” the department said.

CMPD said the number of traffic stops by its officers has declined nearly over the past five years, with the exception of speeding enforcement:

▪ Around 37% of stops in 2021 were due to speeding, up from 25% of stops in 2017

▪ Equipment and regulatory stops accounted for 43% of stops in 2021 and around 41% of stops in 2022

▪ More than 70% of regulatory stops resulted in verbal and written warnings for equipment or regulatory issues this year.