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MODEL RULES - STOP AND FRISK - PROJECT ON LAW ENFORCEMENT POLICY AND RULEMAKING - APPROVED DRAFT. REV. MAY 1974

NCJ Number
17309
Author(s)
ANON
Date Published
1974
Length
72 pages
Annotation
THESE RULES PROVIDE GUIDANCE FOR LAW ENFORCEMENT OFFICERS IN THE USE OF INVESTIGATIVE TECHNIQUES GEARED TO THE PREVENTION OF CRIME, AND THE DETECTION AND APPREHENSION OF CRIMINALS, IN 'ON-THE-STREET' SETTINGS.
Abstract
VARIOUS INVESTIGATIVE TECHNIQUES THAT MAY OR MAY NOT LEAD TO A FULL-CUSTODY ARREST OR FULL-SCALE SEARCH ARE COVERED IN THE ORDER OF THE DEGREE OF INTRUSION UPON PERSONAL PRIVACY. DISCUSSED ARE 'CONTACTS', FORMAL 'STOPS' OR 'FRISKS', AND FULL 'SEARCHES' OF A PERSON. (A 'CONTACT' IS A FACE-TO-FACE COMMUNICATION BETWEEN AN OFFICER AND A PRIVATE PERSON, UNDER CIRCUMSTANCES WHERE THE PERSON IS FREE TO LEAVE IF HE OR SHE WISHES.) THESE MODEL RULES ATTEMPT TO PROVIDE GUIDANCE TO THE OFFICER AS TO WHEN AND HOW TO PURSUE THESE VARIOUS APPROACHES TO CITIZENS. THE INTENT IS TO SAFEGUARD LAW ENFORCEMENT OFFICERS FROM HARM WHILE HOLDING INVASIONS OF PERSONAL RIGHTS AND PRIVACY TO A MINIMUM. THE RULES APPEAR FIRST WITHOUT COMMENTARY; THEY ARE THEN REPRODUCED IN THE COMMENTARY SECTION WHERE THEIR RATIONALE AND THE LAW IN SUPPORT OF THEM ARE DESCRIBED. THESE RULES WERE DRAFTED, IN PART, FROM EXISTING POLICE DEPARTMENT POLICIES IN CAMBRIDGE, CINCINNATI, DAYTONA BEACH, THE DISTRICT OF COLUMBIA, NEW YORK CITY, AND SAN DIEGO. RELEVANT UNITED STATES SUPREME COURT AND LOWER APPELLATE COURT DECISIONS ARE CITED FOR EACH MODEL RULE. (AUTHOR ABSTRACT MODIFIED)