Chapter 4 – Police Encounters
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Read more: § 4.01. Officer-Initiated Encounters with Individuals
An encounter is a face-to-face interaction between an officer and a member of the public, conducted for the purpose of investigating unlawful conduct or performing a caretaking function. It does not include social, non-investigative, or non-caretaking interactions between a police official and a member of the public. Consistent with current law, this Chapter adopts the…
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Read more: § 4.02. Justification for Encounters
(1) conduct an initial encounter with an individual without any suspicion that the individual is involved in or has evidence of a crime; (2) conduct a stop of an individual based on reasonable suspicion to believe that the individual is involved in or has evidence of unlawful conduct; (3) issue a summons or a citation…
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Read more: § 4.03. Ensuring the Legitimacy of Police Encounters
(a) Officers should exercise their authority to approach, stop, and arrest individuals, recognized in § 4.02, in a manner that promotes public safety and positive police–community relations, and minimizes harm. (b) Officers should establish the legitimacy of their encounters with members of the public by treating individuals with dignity and respect, explaining (insofar as is…
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Read more: § 4.04. Permissible Intrusions During Stops
(a) During a stop, an officer may: (1) request identification and make other inquiries as necessary to investigate the crimes or violations for which the officer has reasonable suspicion; and (2) conduct a frisk of a person, or a protective sweep of the passenger compartment of a vehicle, based on reasonable suspicion to believe that…
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Read more: § 4.05. Minimizing Intrusiveness of Stops and Arrests
(a) An officer should make an arrest or issue a citation only when doing so directly advances the goal of public safety. When authorized under governing law, an officer should issue a citation in lieu of a custodial arrest, or a warning in lieu of a citation, unless the situation cannot be effectively resolved using…
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Read more: § 4.06. Consent Searches
(a) During any encounter, an officer may ask for permission to search a person or a person’s property. (b) Agencies should adopt policies to ensure that consent searches are used sparingly and only in circumstances in which they are likely to be productive. Specifically, agencies should consider: (1) prohibiting officers from seeking consent to search…
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Read more: § 4.07. Searches Incident to a Lawful Custodial Arrest
(a) A search incident to a lawful custodial arrest is justified in order to protect the safety of officers or others, or to prevent the destruction of evidence. (b) Agencies should develop policies to ensure that searches incident to arrest are no broader than necessary to serve these purposes, and that they are not used…
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Read more: § 4.0x. Police-Involved Pursuits
(a) Officers should consider a person to be “fleeing” only when it is reasonably apparent that the person is attempting to elude or evade capture by a police officer, after the officer has attempted to conduct a lawful stop or custodial arrest of that person. Officers should not consider a person to be fleeing when…