NCJ Number
101437
Journal
Southern California Law Review Volume: 59 Issue: 1 Dated: (November 1985) Pages: 183-204
Date Published
1985
Length
22 pages
Annotation
This analysis of problems in regulating excessive police force in investigatory stops argues that, instead of focusing on a single rule for each conceivable scenario, a set of procedures should be developed which police can employ in many situations but which may be altered according to the presence of ascertainable facts.
Abstract
The article reviews traditional criteria used to validate an investigatory stop under the fourth amendment: type and level of information upon which the officer justifies the detention and the extent and intrusiveness of the limited search or frisk. Dimensions, or bright lines, of a proper stop and frisk as established by the U.S. Supreme Court are surveyed, as are difficulties in implementing such rules. The paper proposes a response calculus by which an officer can input a few facts and circumstances from a prescribed list and respond in a predetermined manner. Factors considered in the response calculus include type of crime and the suspect's actions. A review of Federal circuit case law demonstrates the courts' failure to control displays of force and the consequent need for another approach. Benefits of the response calculus are described, along with a two-tiered process of judicial review. 73 footnotes.