Policing agencies in the United States are engaging in mass collection of personal data, building a vast architecture of surveillance. This growing network of surveillance is almost entirely unregulated. It is, in short, lawless. In the face of growing concern over such surveillance, this Article argues there is a constitutional solution sitting in plain view.
Barry Friedman Posts
Principles of the Law, Policing Is Approved
by Barry Friedman | May 18, 2022 | Policing
At the 2022 Annual Meeting, members of The American Law Institute voted to approve Tentative Draft No. 4 of Principles of the Law, Policing. The vote marks the completion of this project.
Interacting With Vulnerable Populations
by Barry Friedman | May 12, 2022 | Policing
The post contains black letter excerpted from Principles of the Law, Policing, Tentative Draft No. 4.
The Plague of Excessive Force – Working Together to Find a Cure
by Barry Friedman | Jul 1, 2020 | Policing
This podcast episode of Reasonably Speaking’s “Coping with COVID” shifts attention from one pandemic to another, the plague of excessive force by police officers.
Changing the Law to Change Policing: Initial Steps
by Barry Friedman | Jun 10, 2020 | Policing
Several law school faculty, each of whom runs or is associated with a center devoted to the practice of policing and the criminal justice system, released the report “Changing the Law to Change Policing: First Steps” to address enduring problems in American policing.
Policing, U.S. Style: With Little Idea of What Really Works
by Barry Friedman | Jul 10, 2019 | Policing
There are two huge problems with American policing today: We don’t know nearly enough about what works in a sound way, and what doesn’t — especially if one considers social costs, which usually get left out of the equation.
Recording of Police Questioning
by Barry Friedman | May 15, 2019 | Policing
The following entry is the Black Letter and Comments of Tentative Draft No. 2, 11.02. Recording of Police Questioning.
General Principles for Eyewitness Identification Procedures
by Barry Friedman | May 10, 2019 | Policing
The following entry contains the Black Letter and Comments of Tentative Draft No. 2, Section 10.01. General Principles for Eyewitness Identification Procedures.
Race and Policing – Part Two
by Barry Friedman | Apr 9, 2019 | Policing
In Part Two of this two-part episode of Reasonably Speaking, Sherrilyn Ifill, Barry Friedman, and John Malcolm explore the intersection of race and policing in the United States. Part Two addresses predictive policing, funding priorities, and working toward a solution.
Race and Policing – Part One
by Barry Friedman | Apr 2, 2019 | Policing
In Part One of this two-part episode of Reasonably Speaking, Sherrilyn Ifill, Barry Friedman, and John Malcolm explore the intersection of race and policing in the United States. Part One looks at the history of race and policing, training programs, and police as first responders.