Are Ticket or Arrest Quotas Lawful?

Published for NC Criminal Law on October 26, 2011.

I’ve recently been asked by several people whether it is lawful to require officers to issue a certain number of citations, or to make a certain number of arrests, per day or per month. Generally, I think it is lawful, subject to some important caveats. Let me start by noting that the use of quotas for officers doesn’t seem to be widespread. In fact, every agency responding to one recent survey about quotas denied using them. Still, every now and then a public records request or a personnel lawsuit by a former officer will reveal quotas in use. You can read some media reports about quotas here, here, here, here, here, and here. Now on to the law. A number of states have statutes prohibiting the use of quotas. For example, 71 Pa. Stat. 2001 states that “[n]o political subdivision or agency of the Commonwealth shall have the power or authority to order . . . or . . . suggest to any police officer . . . that said police officer . . . shall issue a certain number of traffic citations, tickets or any other type of citation on any daily, weekly, monthly, quarterly or yearly basis.” Likewise, a Michigan statute provides that “[a] police officer shall not be required to issue a certain number of citations for violations of [the motor vehicle laws] or of local ordinances substantially corresponding to provisions of [the motor vehicle laws], including parking or standing violations, unless the issuance of citations is a [...]