Chapter 5 – Policing in the Absence of Individualized Suspicion
Read more: § 5.01. Definition and Legality of Suspicionless Policing Activity
(a) For purposes of this Chapter, policing activity includes information gathering, seizures, and encounters, as those terms are used in Chapters 2, 3, and 4 of these Principles.(b) As stated in § 2.01(b), policing activity is suspicionless when it is conducted in the absence of cause to believe that the particular individual, place, or item subject…
Read more: § 5.02. Requirement of Written Policies
Suspicionless policing activity should be authorized by written policies developed through the process described in § 1.06 that identify, for each program: (a) the specific harm sought to be detected or prevented; (b) the permissible scope of the suspicionless policing activity; (c) the persons, entities, or activities subject to the policing activity; (d) if persons…
Read more: § 5.03. Justification
Legislatures and agencies should authorize suspicionless policing activities only when there is a sound basis for believing that they will accomplish an important law-enforcement or regulatory objective, and when achieving that objective outweighs their infringement on individual interests such as privacy, dignity, property, and liberty.
Read more: § 5.04. Nondiscrimination in Determining the Targeted Group
Any suspicionless policing policy that targets a particular group of persons or entities rather than the entire relevant population should be justified by a sound basis in fact.
Read more: § 5.05. Constraining Discretion
(b) Evenhandedness requires that, within the group targeted for a suspicionless policing action under § 5.04, the procedure be applied to: (1) every person or entity within that group; (2) a subset of that group that is selected on a random or neutral basis; or (3) a subset of that group that there is sound…
Read more: § 5.06. Suspicionless Police Activity Beyond the Authorized Scope
Suspicionless policing activity should neither exceed the scope of the authorization that is required under § 5.02 nor exceed the justification for that authorization that is required under § 5.03.