Principles of the Law,

Policing

Setting out best practices for policing issues that have significant legal underpinnings, this publication provides valuable guidance for legislatures, policing agencies, courts, and others.

Reporter:
Barry Friedman, New York University School of Law, New York, NY
Associate Reporters:
Brandon L. Garrett, Duke University School of Law, Durham, NC
Rachel A. Harmon, University of Virginia School of Law, Charlottesville, VA
Tracey L. Meares, Yale Law School, New Haven, CT
Maria Ponomarenko, University of Texas at Austin School of Law, Austin, TX
Christopher Slobogin, Vanderbilt University Law School, Nashville, TN

This work covers a wide range of issues, including the use of force, forensic-evidence gathering, and the use of informants and undercover agents. It is informed by a variety of sources, including existing practices and policies from various jurisdictions, social-science research, and constitutional norms.

The publication’s framework for building just and rational laws, policies, and practices will be useful to legislatures, policing agencies, courts, bodies that regulate or conduct oversight on policing, and the public. The Principles have already had an impact in the world, as some of the concepts—around things like democratic governance, pretextual stops, and use of force—are being written into law.

The development of this distinctive work was guided by an advisory group with a breadth of experiences. The group included not only judges, prosecutors, and defense attorneys, but also police chiefs from across the United States and leaders of organizations that have expressed concern about policing practices, including those dealing with racial justice and civil liberties. The diverse group was unified by a shared respect for the policing function and the desire to improve police performance across a variety of metrics.

Summary of Contents

Chapter 1. General Principles of Sound Policing

Chapter 2. General Principles of Searches, Seizures, and Information Gathering

Chapter 3. Policing with Individualized Suspicion

Chapter 4. Police Encounters

Chapter 5. Policing in the Absence of Individualized Suspicion

Chapter 6. Policing Databases

Chapter 7. Use of Force

Chapter 8. General Principles for Collecting and Preserving Reliable Evidence for the Adjudicative Process

Chapter 9. Forensic-Evidence Gathering

Chapter 10. Eyewitness Identifications

Chapter 11. Police Questioning

Chapter 12. Informants and Undercover Agents

Chapter 13. Agency and Officer Role in Promoting Sound Policing

Chapter 14. Role of Other Actors in Promoting Sound Policing

Parallel Table of Principles Section Numbers and of Draft Section Numbers

Index

Policing

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