Why Delaware arrests have plummeted during the pandemic

WILMINGTON, Del. (AP) - Delaware police are arresting and ticketing fewer people during the coronavirus pandemic - a lot fewer people.

In the month leading up to Gov. John Carney’s March 12 stay-at-home order, police recorded just under 8,600 felony and misdemeanor arrests statewide. In the month since, they’ve made about 4,650 such arrests through April 14, according to state statistics.

Likewise, in the month prior to the emergency declaration, police recorded about 23,500 traffic violations and just under 7,000 in the month following.

The drop tracks across each county and points to a change in policing and how it might be different in the future.

But exactly why the numbers have decreased isn’t entirely clear. Some police don’t want to talk about how the pandemic has changed the way they enforce the law.

Some police chiefs say the sharp drop is due to fewer people being out and about during the emergency declaration. Other chiefs acknowledge that the times require a change in strategy, with orders to their officers to use more discretion deciding whether to make traffic stops.

“I think it is a little bit of both,” said New Castle County Police Chief Col. Vaughn Bond.

Bond emphasized changes in policing are for the safety of officers and to prevent the spread of COVID-19. As of April 19, one officer from New Castle County Police had tested positive for COVID-19. Bond said the officer is doing “extremely well.”

Two state troopers and 7 Wilmington police officers have also tested positive.

Bond said his officers are finding that the “majority of residents” are adhering to stay-at-home orders.

“You can go on Route 13, you will see obviously less traffic,” Bond said.

Towns like Georgetown in Sussex County where beach traffic usually stacks up during the weekend resemble a ghost town, said R.L. Hughes, chief of Georgetown Police.

That will naturally lead to fewer violations, Hughes said.

Other states have reported similar drops, but increases in cases of extreme speeding. Statistics detailing the speed of driving offenders in Delaware were not readily available.

Overall, traffic citations are down by 77 percent in New Castle County, 71 percent in Kent County and 64 percent in Sussex County during the emergency declaration, state statistics show.

Hughes said that doesn’t necessarily mean the roads are less dangerous.

His department has seen a 50 percent decrease in traffic collisions coinciding with the pandemic.

That’s also been the trend seen by Delaware State Police, the state’s largest police force that has patrol duties in each of the three counties. A news release issued by the department said there have been fewer traffic crashes in February and March of this year compared to the same months last year.

But the percentage of those crashes that involve impairment have gone up, according to state police.

MORE DISCRETION ON POLICING LOW-LEVEL CRIMES

Arrests for both felony and misdemeanor crimes statewide dropped by 45 percent in the month after the emergency declaration compared to the month prior, according to state figures.

Some police forces around the country have been taking a more hands-off approach in the enforcement of the law in the interest of maintaining the public’s safety while seeking to prevent widespread infections among their ranks.

In some places, police leaders have been frank about ordering officers to cease arresting for low-level crimes. In some places, prosecutors are refusing to pursue such cases.

For example, Philadelphia police have been ordered to avoid arrests for crimes like drug offenses and burglaries. Instead, they are issuing warrants to be processed once the health crisis abates, according to reporting by the Associated Press.

It is unclear how much of that is going on here, but it’s clear the numbers are down.

Misdemeanor arrests have fallen by 61 percent in New Castle County, 52 percent in Kent County and 12 percent in Sussex County. Felony arrests have fallen by 37 percent in New Castle County, 63 percent in Kent County and 30 percent in Sussex County.

Bond said his police force is trying to strike a balance.

He said his officers are still responding to calls for service and that they have not been instructed to disregard any particular charge or crime.

But he has asked them to use greater “discretion” in proactive traffic or pedestrian stops, which sometimes lead to misdemeanor arrests. As a result, some interactions police may have had with a person in the past are not occurring now.

He said the question has become: “Is this worth me possibly exposing a civilian to this or being exposed myself?”

“Out of concern for their safety and well-being we want them to exercise discretion and sound judgment if they are going to undertake proactive police measures,” Bond said.

He emphasized that does not mean officers are not responding to and investigating reports of crimes. But it could mean for “very low-level crimes” officers may defer arrest or seek to issue a summons for the person to appear at a later date.

“We have other options (than arrest) but we haven’t given any direction to ignore crimes whether it is a misdemeanor or felony,” Bond said.

Both Wilmington Police and Delaware State Police declined to discuss how their officers’ approach to policing may be different during the pandemic.

The leaders of the two agencies did not respond to requests for interviews.

Spokespersons for both departments said officers continue to answer calls, conduct proactive policing and enforce all laws, and do so with federal and state health guidelines in mind.

Newark Police spokesman Andrew Rubin said the pursuit of criminal complaints continues as normal, but the shutdown of in-person University of Delaware classes has had an impact on the number of traffic stops in the city.

He said part of it is fewer cars on the street and officers “maybe not as vigorously enforcing certain laws.”

The city has seen an uptick of cars being burglarized - often after they are left unlocked, he said. Home burglary complaints are down, likely because everyone is home, he said.

In Georgetown, Hughes said it is not a matter of being less responsive to crime victims or reports of crime, but doing things “smart” given the health concerns. Using the example of shoplifting, he said if police respond and can take a suspect into custody, they will.

“If the person is gone, we may teleserve or take the complaint over the phone and try to investigate,” Hughes said. “We are trying to be a little smarter on how we deliver our services but we are not taking a hands-off approach.”

In addition to decreased arrest numbers statewide, the number of people cycling in and out of prison awaiting a trial or other disposition of their charges is down 20 percent since the state of emergency, according to the Delaware Department of Justice.

That’s partially attributed to defense attorneys seeking reduced bail for clients awaiting trial because the courts are largely not operating during the pandemic. Some of that reduction may be from fewer people filing into lockup after arrest.