NCJ Number
38540
Journal
Hastings Law Journal Volume: 28 Issue: 2 Dated: (NOVEMBER 1976) Pages: 509-531
Date Published
1976
Length
23 pages
Annotation
THIS NOTE DESCRIBES THE NATIONAL CRIME IN FORMATION CENTER (NCIC) PROCESS AND DISCUSSES WHY AN ARREST MADE PURSUANT TO AN NCIC TRANSMISSION SHOULD BE CONSIDERED A WARRANTLESS ARREST.
Abstract
IT ALSO CONSIDERS WHETHER THE NCECREPORT, IF IT IS NOT A VALID ARREST WARRANT, CAN ITSELF CONSTITUTE PROBABLE CAUSE TO ARREST, IF IT IS NOT A VALID ARREST WARRANT, CAN ITSELF CONSTITUTE PROBABLE CAUSE TO ARREST. INQUIRY THEN FOCUSES ON WHAT MEASURES CAN BE UNDERTAKEN TO UTILIZE THE VAST POTENTIAL OF NCIC, WITHOUT INVADING INDIVIDUAL RIGHTS AND FREEDOMS. IT IS CONCLUDED THAT A HIGHER DEGREE OF ACCURACY THAN IS CURRENTLY MAINTAINED IS ESSENTIAL IF POLICE SEEK TO RELY ON THE NCIC TO SUPPORT AN ARREST, AND THAT THREE DISTINCT AGENCIES MUST SHARE THE BURDEN OF IMPROVING THE FUNCTIONS OF THE NCIC. FIRST, THE AGENCY WHICH ISSUES THE WARRANT FOR ARREST MUST DEVELOP BETTER PROCEDURES FOR UPDATING AND INSURING THE ACCURACY OF INFORMATION. SECOND, THE ARRESTING AGENCY MUST, AT LEAST UNTIL THR NCIC REPORTING SYSTEM IS IMPROVED, ASSUME THE RESPONSIBILITY FOR COOROBORATING THE INFORMATION OBTAINED THROUGH THE NCIC BEFORE ARRESTING ON THE BASIS OF THAT REPORT. AND LAST, THE NCIC ITSELF MUST BE IMPROVED TO ASSIST BOTH THE ISSUING AND ARRESTING AGENCIES IN UPDATE AND CORROBORATION DUTIES AND TO ESTABLISH UNIFORM HIGH STANDARDS FOR ACCURACY OF ITS FILES. (AUTHOR ABSTRACT)