This project aims to tackle some of the hardest questions, where courts, legislatures, and police are most in need of guidance, and where technology, experience and knowledge quickly are rendering current approaches obsolete.There are many sides to this issue but it’s worth pointing to what people often see as the two sides. One side is about safety and security of people and their families, their children, and their communities. The other side is about civil liberty, and people’s autonomy, and first amendment freedoms. I don’t think anyone is against either of those. It’s not like people who care about liberties think they don’t want to be safe or the people who want to be safe and secure, don’t care about their liberties. The trick, I think, is to figure out how to put all of that in the mix. -Barry Friedman, Project Reporter

Proposed Table of Contents:

Part I. Overarching Principles of Policing

Chapter 1. Definitions and General Principles

Part II. Principles of Search and Seizure

Chapter 2. General Principles of Search and Seizure
Chapter 3. Encounters
Chapter 4. Suspicionless Searches and Seizures
Chapter 5. [TBA – See Reporters’ Memo]
Chapter 6. Policing Databases

Part III. Use of Force

Chapter 7. Use of Force

Part IV. Principles of Evidence Gathering

Chapter 8. General Principles of Evidence Gathering
Chapter 9. Forensic Evidence Gathering and Preservation of Brady Material
Chapter 10. Eye Witness Identification
Chapter 11. Police Questioning
Chapter 12. Informants

Part V. Remedies and Accountability

Chapter 13. Internal Agency Accountability
Chapter 14. External Accountability and Political Oversight
Chapter 15. Enforcement Mechanisms and Remedies

The Reporters

Barry Friedman
Reporter, Policing Principles
Barry Friedman is the Jacob D. Fuchsberg Professor of Law and Affiliated Professor of Politics at NYU Law. He is one of the country’s leading authorities on constitutional law, policing, criminal procedure, and the federal courts. He is the author of the critically-acclaimed The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution (2009), and the forthcoming book on policing and the Constitution, Unwarranted: Policing without Permission(February 2017). He is the founding director of NYU Law’s Policing Project.

Brandon L. Garrett
Associate Reporter, Policing Principles
Brandon L. Garrett is the Justice Thurgood Marshall Distinguished Professor of Law at the University of Virginia School of Law. His research and teaching interests include criminal procedure, wrongful convictions, habeas corpus, corporate crime, scientific evidence, civil rights, civil procedure and constitutional law. Garrett’s recent research includes studies of DNA exonerations and organizational prosecutions. Two of his recent books include Too Big to Jail: How Prosecutors Compromise with Corporations and Convicting the Innocent: Where Criminal Prosecutions Go Wrong.

Rachel A. Harmon
Associate Reporter, Policing Principles
Rachel Harmon is the F.D.G Ribble Professor of Law at the University of Virginia School of Law. She teaches in the areas of criminal law, criminal procedure and civil rights, and her scholarship focuses on policing and its regulation. From 1998 to 2006, Harmon served as a prosecutor at the U.S. Department of Justice. After a brief stint at the U.S. Attorney’s Office in the Eastern District of Virginia, Harmon worked in the Civil Rights Division, Criminal Section, prosecuting hate crimes and official misconduct cases, many of which involved excessive force or sexual abuse by police officers.

Tracey L. Meares
Associate Reporter, Policing Principles
Tracey L. Meares is the Walton Hale Hamilton Professor of Law at Yale Law School. She has worked extensively with the federal government, having served on the Committee on Law and Justice, a National Research Council Standing Committee of the National Academy of Sciences from 2004–2011. Additionally, she has served on two National Research Council Review Committees: one to review research on police policy and practices, which produced the book, Fairness and Effectiveness in Policing: The Evidence and another to review the National Institute of Justice, Strengthening the National Institute of Justice. In November of 2010, she was named by Attorney General Eric Holder to sit on the Department of Justice’s newly-created Science Advisory Board; and in December 2014, President Obama named her as a member of his Task Force on 21st Century Policing.

Christopher Slobogin
Associate Reporter, Policing Principles
Christopher Slobogin is the Milton R. Underwood Chair in Law; Director, Criminal Justice Program; and Affiliate Professor of Psychiatry at Vanderbilt Law School. He has authored more than 100 articles, books and chapters on topics relating to criminal law and procedure, mental health law and evidence, and is one of the five most cited criminal law and procedure professors in the country. Particularly influential has been his work on the Fourth Amendment and technology and his writing on mental disability and criminal law.

Everyday justice

Professor Tracey Meares has sandwiched this trip to Chicago between two teaching days at the Yale Law School, timing it for when her kids are out of the house. On this cool Thursday morning in May 2017, she’s back in her favorite city, where she lived for almost 20...

Race and the New Policing

Several observers credit nearly 25 years of declining crime rates to the “New Policing” and its emphasis on advanced statistical metrics, new forms of organizational accountability, and aggressive tactical enforcement of minor crimes. This model has been adopted in...