Policing Posts
Law360 Article on Excessive Force Claims
This recent Law360 Access to Justice article examines several excessive use-of-force cases and what this could mean for future litigants.
End-Running Warrants: Purchasing Data under the Fourth Amendment and the State Action Problem
Rather than obtain warrants, law enforcement and intelligence agencies now purchase mass datasets of precise geolocation information from third-party brokers. Scholarship suggests whether the government must obtain a warrant to purchase data relies on whether users have a reasonable expectation of privacy. But this Note suggests that this privacy analysis misses the crux of the controversy.
The Small Agency Problem in American Policing
While hardly immune from the various problems that plague modern policing, research has largely overlooked the thousands of small departments that serve rural areas and small towns. This paper begins to fill this gap by blending together empirical analysis with in-depth case studies that add much-needed texture to the patterns that the data reveal.
‘Secrets & Suspicionless Policing: A Fundamentally Anti-Democratic Mix’
In “Secrets & Suspicionless Policing: A Fundamentally Anti-Democratic Mix”, Catherine M. Grosso cites Chapter 5 of ALI’s Principles of the Law, Policing, when exploring the scope of police investigations without individualized suspicion or particularized evidence.
Christopher Slobogin on Policing and Virtual Searches
The Lawfare Podcast recently featured Christopher Slobogin to discuss his new book, Virtual Searches, Regulating the Covert World of Technological Policing.
Lawless Surveillance
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.
Project Updates from the 2022 ALI Annual Meeting
Learn more about the actions taken at this year’s ALI Annual Meeting, held last month, where the membership met to discuss and vote on twelve ALI project drafts.
Principles of the Law, Policing Is Approved
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
The post contains black letter excerpted from Principles of the Law, Policing, Tentative Draft No. 4.
March 2022 Council Meeting Updates
At its meeting on March 2, 2022, the ALI Council considered drafts and revisions for three projects.