Guest Post: MoCo’s Proposed STEP Act Works Against Its Own Goals
Ignoring Low-Level Traffic Violations is STEP in the Wrong Direction
by Samuel McCoy
On February 28, 2023, Montgomery County Councilmember Will Jawando announced that he was “introducing the Safety and Equity in Policing (STEP) Act.”
As the memorandum for the bill states:
The purpose of this bill is to promote fairness by reducing racial disparities that occur during a traffic stop, promote safety, and reduce community trauma by limiting traffic stops, improve community policing relations, and further the County’s Vision Zero goals.
To achieve its goals of improving equity in policing, STEP would prohibit stops for the following traffic violations:
licensing and registration;
certificate of title or insurance;
window tinting;
defective headlamp or taillight;
illuminated license plate;
minor obstructions, including, signs, posters, and other nontransparent materials on the windshields; and
various provisions under Title 22.
Looking closer at the part on licensing and registration, the bill would ban stops based on Titles 13, 16, and 17 of the Transportation Article of the Annotated Code of Maryland.
Another important aspect of the bill is that it “limits a police officer’s authority to request permission to conduct a search of a person or vehicle during a traffic stop, regardless of whether the person consents to the search.”
By an unfortunate coincidence for this bill, on February 27, Montgomery County police conducted a traffic stop which led to the confiscation of over 2,000 Fentanyl pills. What was the infraction that led to this drug bust? The driver was in violation of his learner’s permit, which falls under Title 16.
Additionally, on March 8, MCPD conducted a traffic stop on a man for a moving violation and found in his possession 20 Fentanyl pills and 21 grams of crystal meth. The suspect also had four warrants. It is reasonable to assume this moving violation stop would have been banned under the STEP Act.
If the STEP Act were law from only February 27 onward, over 2,000 Fentanyl pills and 21 grams of crystal meth would likely still be filtering through the Montgomery County community. On top of that, a man with four warrants would not have been found.
The problems presented by the STEP Act work directly against concerns raised by other Montgomery County leaders over the dangers of Fentanyl to the community. These problems also contradict Mr. Jawando’s own warnings against Fentanyl at Northwood High School in January, when he said, “It takes a little bit and you can die.” Mr. Jawando is not being hyperbolic about Fentanyl’s risks and is genuinely concerned about a significant danger facing the Montgomery County community.
Both the county and Mr. Jawando recognize and are concerned about the dangers of Fentanyl, yet the STEP Act would limit the opportunities that county police have to intercept these drugs through their role in enforcing existing traffic laws and conducting searches when appropriate and legal. Is this policy in the best interest of the community? Does it “promote safety” as the memorandum for the bill suggests?
Mr. Jawando is trying to address an issue he sees in the community, but, in less than two weeks, the two cited instances show that the STEP Act would work against another of his priorities: promoting a safe community.
In the face of this evidence, the STEP Act should not become law.