The January 1 edition of the 60 Minutes TV show included a discussion about the rising rates of violence in Chicago. (You can read a complete transcript at the link.) One of the issues raised on the show has a direct bearing on police reports everywhere: How do you define – and document – “probable cause” and “reasonable suspicion”?

Here’s some background: The Chicago Police Department was found to be conducting too many “investigatory stop reports” (also called “street stops,” “stop and frisk” or “Terry stops”). Those stops decreased dramatically when officers were required to fill out a two-page form. (Click here for more background.)

Chicago’s Fraternal Order of Police President Dean Angelo favors a return to the briefer contact cards that officers formerly filled out for these “street stops.” Here’s how he explains what police are up against:

You have a corner loaded with guys you know are up to no good and have historically been up to no good, because you’ve been working the same beat for…years. They’re in the same spot every day. If they’re out there throwing narcotics or involved in gang activity or intimidation or street robberies, we know these individuals.

You [need to] ask them if they’re there for a lawful purpose, if they’re wanted on warrants or in possession of narcotics or weapons. You need to make sure you’re safe, they’re safe and the community is safe. Then, you ask them to kindly continue on their way so you don’t give up the corner. If you lose the corner, you lose the block. If you lose the block, you lose the community and you’re gonna see an uptick in violence.

Reactions to Angelo’s views vary, even within the Chicago Police Department. What is your position? Here are some questions that you, as a supervisor, might want to think about:

• Does your agency have specific policies that cover stops and searches?
• Is every officer up to date with those policies?
• Do officers know how to document stops and searches so that they meet legal requirements?
• Officers often say that “If it isn’t written down, it didn’t happen.” Do you believe that’s true? Why or why not?
• How does your jurisdiction define the terms “reasonable suspicion” and “probable cause”?
  
• What kinds of questions and searches are permitted if an officer has “reasonable suspicion”? And how are they different if an officer can show “probable cause”?

Before we leave, it might be useful to spend a moment considering a specific situation that Angelo cited: “guys you know are up to no good” are hanging around at a street corner. An officer has a hunch and orders them to move on.

• Should a report be written?
• Does the “hunch” require documentation?
• Does the officer have a legal right to order citizens to move on?
• If so, what statute should be cited?

This blog is often concerned with details about English usage, sentence structure, wordiness, and other details concerning police reports. It’s easy to lose sight of the larger picture: Police reports are legal documents that reflect not only on the officer who did the writing, but on the entire agency.

Supervisors have the final responsibility for ensuring that officers are familiar with policies and practices – and that they’re being followed. Take a moment to ask yourself whether now might be a good time to look at the policies established in your agency – and to review them with your officers. That extra effort now might save you from messy and time-consuming legal problems later on.