NCJ Number
30199
Journal
American Bar Association Journal Volume: 61 Dated: (OCTOBER, 1975) Pages: 1212-1217
Date Published
1975
Length
6 pages
Annotation
THE CODE OFFERS A SET OF SPECIFIC RULES COVERING THE CRIMINAL PROCESS FROM FIRST POLICE-SUSPECT CONTACT THROUGH ARREST, POLICE CUSTODY, INVESTIGATION, EARLY COURT APPEARANCE, AND PLEA.
Abstract
AMONG THE PROVISIONS OF THE CODE IS THE RESTRICTION OF 'STOP-AND-FRISK' TACTICS TO ONLY THOSE PERSONS SUSPECTED OF CRIMES AGAINST PERSONS OR PROPERTY. LIMITATIONS ON DURATION, USE OF FORCE, AND EXTENT OF FRISKS ARE ALSO SPECIFIED. STATIONHOUSE CUSTODY AND INTERROGATION PROCEDURE REQUIREMENTS GO FAR BEYOND THOSE REQUIRED BY THE MIRANDA DECISION. THE CODE'S IDENTIFICATION PROCEDURES ALLOW FOR IMMEDIATE CONFRONTATION BY A WITNESS WITHOUT A LINEUP AND REQUIRE THAT A SUSPECT'S REQUEST FOR COUNSEL AT A LINEUP BE GRANTED UNLESS IT WOULD CAUSE A DELAY WHICH WOULD MAKE IDENTIFICATION DIFFICULT. THE CODE INCLUDE THE FIRST COMPREHENSIVE SET OF STATUTORY PROVISIONS ON SEARCH AND SEIZURE, ACCORDING TO THE AUTHOR. THE EXCLUSIONARY RULE IS LIMITED TO 'SUBSTANTIAL' VIOLATIONS BY LAW ENFORCEMENT OFFICIALS.