Conducting Stops & Detentions: Lessons Learned Recommendations from Civil Rights Litigation
Utilize voluntary contacts
- To build relationships and allow the community to ask questions
Strive for professional, courteous, fair, and productive contacts with the community
When conducting investigatory stops
- Officers introduce themselves by name, rank, and agency
- Inform the subject of the reason for the stop or detention as soon as possible
- Inform the subject that they do not have the right to leave but that they do not need to answer questions
- Alert the subject if they are being recorded
- Ensure that the detention is no longer than necessary
Avoid the following when determining whether to initiate an investigatory stop or detention:
- Relying on information known to be false or incorrect
- Using an individual’s demographic characteristics as a factor (race, ethnicity, gender, religion, disability, sexual orientation, etc.)
- Using an individual’s geographic location without any other reasonable articulable facts for investigatory stops
- Basing stops on an individual’s response to the police presence
- Using information or evidence discovered after the stop was initiated
Refrain from restricting an individual’s freedom during an investigatory stop or detention in any of the following ways (unless there is a basis for justifying the action):
- Taking away a person’s identification
- Ordering a motorist to exit the vehicle
- Placing a pedestrian against a wall
- Directing a person to stand or remain standing not of their choosing
- Directing a person to lie on the ground
- Applying handcuffs
- Placing someone in a police vehicle
- Frisking
- Unholstering or pointing a weapon
Refrain from transporting subjects of an investigatory stop or detention if there is a lack of probable cause for an arrest
- This includes transporting for fingerprinting, questioning, or other investigatory purposes
The above findings from Civil Rights litigation come from each city's consent decree below. Use the following links to access the entire language from each city’s consent decree.
The information provided above has come directly from the consent decree language, which can be accessed by clicking on each corresponding city’s consent decree. When additional information was needed, subject-matter experts from the Department of Justice provided input. This information is intended to guide departments on decisions and actions to improve their Constitutional policing practices. Additional resources and information may be needed to implement these recommendations successfully. For assistance in implementing recommendations, contact the Knowledge Lab team.