This project aims to tackle some of the hardest questions, where courts, legislatures, and police are most in need of guidance. This project is currently divided into seven parts, each containing various Chapters on police principles. The parts are: Overarching Principles Of Policing; Principles of Search And Seizure; Use of Force; Technology; Databases; Principles Of Evidence Gathering; Remedies and Accountability.
Reporter:
Barry Friedman, New York University School of Law, New York, NY
Associate Reporters:
Brandon L. Garrett, University of Virginia School of Law, Charlottesville, VA
Rachel A. Harmon, University of Virginia School of Law, Charlottesville, VA
Tracey L. Meares, Yale Law School, New Haven, CT
Christopher Slobogin, Vanderbilt University Law School, Nashville, TN
Project Fellow
Maria Ponomarenko, New York University School of Law, New York, NY
TABLE OF CONTENTS
Project Status at a Glance xv
Foreword xvii
Reporters’ Memorandum xxi
Projected Overall Table of Contents xxv
CHAPTER 1
GENERAL PRINCIPLES
§ 1.01. Scope and Applicability of Principles 1
§ 1.02. Goals of Policing 4
§ 1.03. Reducing Harm 5
§ 1.04. Transparency and Accountability 12
§ 1.05. Written Rules, Policies, and Procedures 15
§ 1.06. Promoting Police Legitimacy 22
§ 1.07. Community Policing 25
CHAPTER 4
POLICE ENCOUNTERS
§ 4.01. Officer-Initiated Encounters with Individuals 35
§ 4.02. Justification for Encounters 39
§ 4.03. Ensuring the Legitimacy of Police Encounters 46
§ 4.04. Permissible Intrusions During Stops 54
§ 4.05. Minimizing Intrusiveness of Stops and Arrests 55
§ 4.06. Consent Searches 60
§ 4.07. Searches Incident to a Lawful Custodial Arrest 65
CHAPTER 10
EYEWITNESS IDENTIFICATIONS
§ 10.01. General Principles for Eyewitness Identification Procedures 73
§ 10.02. Eyewitness Identification Procedures 77
§ 10.03. Threshold for Conducting Eyewitness Identifications 83
§ 10.04. Showup Procedures 86
§ 10.05. Blind or Blinded Procedures 90
§ 10.06. Obtaining and Documenting Eyewitness Confidence Statements 92
§ 10.07. Reinforcement or Feedback 95
§ 10.08. Recording Eyewitness Identification Procedures 96
CHAPTER 11
POLICE QUESTIONING
§ 11.01. Objectives of Police Questioning 99
§ 11.02. Recording of Police Questioning 107
§ 11.03. Informing Persons of Their Rights Prior to Questioning 112
§ 11.04. Conducting Police Questioning 114
§ 11.05. Questioning of Members of Vulnerable Populations 119
Appendix A. Black Letter of Tentative Draft No. 2 125
Appendix B. Other Relevant Black-Letter Text 135
Tentative Draft No. 2 contains portions of Chapter 1, General Principles (§§ 1.01-1.07); Chapter 4, Police Encounters; Chapter 10, Eyewitness Identifications; and Chapter 11, Police Questioning. The draft was approved by the membership at the 2019 Annual Meeting, subject to the discussion at the Meeting and to the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text of the entire project is published.
TABLE OF CONTENTS
Project Status at a Glance xv
Foreword xvii
Reporters’ Memorandum xxi
Projected Overall Table of Contents xxv
CHAPTER 1
GENERAL PRINCIPLES
§ 1.01. Scope and Applicability of Principles 1
§ 1.02. Goals of Policing 4
§ 1.03. Reducing Harm 5
§ 1.04. Transparency and Accountability 12
§ 1.05. Written Rules, Policies, and Procedures 15
§ 1.06. Promoting Police Legitimacy 22
§ 1.07. Community Policing 25
CHAPTER 4
POLICE ENCOUNTERS
§ 4.01. Officer-Initiated Encounters with Individuals 35
§ 4.02. Justification for Encounters 39
§ 4.03. Ensuring the Legitimacy of Police Encounters 46
§ 4.04. Permissible Intrusions During Stops 54
§ 4.05. Minimizing Intrusiveness of Stops and Arrests 55
§ 4.06. Consent Searches 60
§ 4.07. Searches Incident to a Lawful Custodial Arrest 65
CHAPTER 10
EYEWITNESS IDENTIFICATIONS
§ 10.01. General Principles for Eyewitness Identification Procedures 73
§ 10.02. Eyewitness Identification Procedures 77
§ 10.03. Threshold for Conducting Eyewitness Identifications 83
§ 10.04. Showup Procedures 86
§ 10.05. Blind or Blinded Procedures 90
§ 10.06. Obtaining and Documenting Eyewitness Confidence Statements 92
§ 10.07. Reinforcement or Feedback 95
§ 10.08. Recording Eyewitness Identification Procedures 96
CHAPTER 11
POLICE QUESTIONING
§ 11.01. Objectives of Police Questioning 99
§ 11.02. Recording of Police Questioning 107
§ 11.03. Informing Persons of Their Rights Prior to Questioning 112
§ 11.04. Conducting Police Questioning 114
§ 11.05. Questioning of Members of Vulnerable Populations 119
Appendix A. Black Letter of Tentative Draft No. 2 125
Appendix B. Other Relevant Black-Letter Text 135
Tentative Draft No. 2 contains portions of Chapter 1, General Principles (§§ 1.01-1.07); Chapter 4, Police Encounters; Chapter 10, Eyewitness Identifications; and Chapter 11, Police Questioning. The draft was approved by the membership at the 2019 Annual Meeting, subject to the discussion at the Meeting and to the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text of the entire project is published.
Revised Tentative Draft No. 1 contains Part III, Chapter 5, Use of Force. The draft was approved by the membership at the 2017 Annual Meeting, subject to the discussion at the Meeting and the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Foreword xv
Reporter’s Memorandum xix
Projected Overall Table of Contents xxix
Part III
USE OF FORCE
CHAPTER 5
USE OF FORCE
§ 5.01. Objectives of the Use of Force 1
§ 5.02. Minimum Force Necessary 4
§ 5.03. De-escalation and Force Avoidance 12
§ 5.04. Proportional Use of Force 16
§ 5.05. Instructions and Warnings 21
Appendix: Black Letter of Tentative Draft No. 1 25
Tentative Draft No 1 contains Part III, Chapter 5, Use of Force. The draft was approved by the membership at the 2017 Annual Meeting, subject to the discussion at the Meeting and the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Foreword xv
Reporter’s Memorandum xix
Projected Overall Table of Contents xxix
Part III
USE OF FORCE
CHAPTER 5
USE OF FORCE
§ 5.01. Objectives of the Use of Force 1
§ 5.02. Minimum Force Necessary 4
§ 5.03. De-escalation and Force Avoidance 12
§ 5.04. Proportional Use of Force 16
§ 5.05. Instructions and Warnings 21
Appendix: Black Letter of Tentative Draft No. 1 25
Tentative Draft No 1 contains Part III, Chapter 5, Use of Force. The draft was approved by the membership at the 2017 Annual Meeting, subject to the discussion at the Meeting and the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.