Chapter 3 – Policing With Individualized Suspicion
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Read more: § 3.01. Definition and Legality of Suspicion-Based Searches, Seizures, and Information Gathering
(a) For purposes of this Chapter, policing activity includes information gathering, seizures, and encounters, as those terms are used in Chapters 2, 3, and 4 of these Principles.(b) As stated in § 2.01(a), a policing activity is “suspicion-based” when it is conducted with any cause to believe that the particular individual, place, or item subject…
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Read more: § 3.02. Appropriate Safeguards
(a) Suspicion-based policing activities should be conducted only pursuant to a written policy that makes clear: (1) which personnel are authorized to utilize the method or technique in question; (2) what training is required before personnel are authorized to utilize it; (3) the predicate or level of cause that must be present to justify its…
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Read more: § 3.03. Minimization
Agencies should limit the scope of suspicion-based policing activities to that which is no broader than necessary to acquire the information or evidence that justifies the intrusion in question; and they should take steps to minimize the acquisition of information from third parties who themselves are not properly subject to investigation.
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Read more: § 3.04. Documentation, Auditing, and Reporting
In order to facilitate agency supervision and public accountability, policing agencies should, when practicable: (a) require agency officials to document their use of suspicion-based policing activities; (b) periodically review agency use of suspicion-based activities to determine compliance with agency policy, assess their efficacy, identify any potential concerns associated with their use, and make appropriate changes…
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Read more: § 3.05. Notice to Courts and Targets of Investigations
(a) Agency requests for a court order or warrant should identify the policing activities used to obtain the information underlying the request, as well as the methods and techniques to be used in executing the order requested.(b) In cases in which the target is prosecuted, the agency or prosecutor should inform the target about any…