Policing Within the Law: A Case Study of the New York City Police Department.

Policing Within the Law: A Case Study of the New York City Police Department, John Eterno, Praeger, Westport, Connecticut, 2003.

Not merely a catchphrase in the American law enforcement vernacular, proactive policing appears as the key to a successful future in crime control, represented under such names as police crackdowns, problem-oriented policing, community policing, quality of life, zero tolerance, and broken windows. Within this context, an image of the American law enforcement officer as a crime fighter emerges. But, also in this realm lies the sometimes overlooked yet equally important concept of respecting procedural due process.

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Author John Eterno has done an excellent job researching how New York City Police Department (NYPD) officers behave within the constraints of the law. The most salient conceptual point Eterno makes is that policing is a difficult job made even more so by the ambiguities in the law. He points out how NYPD officers justify their actions in the face of ambiguous and unambiguous laws during person stops and drug and weapon searches.

Fourth Amendment judicial decisions frequently are vague, sometimes contradictory, and almost always left without a bright-line rule. Furthermore, seemingly simple words may be unclear because they have more than one meaning, which can lead to different interpretations and conclusions. The resulting ambiguity creates uncertainty in the minds of officers, thus, in certain situations, they may increase their search activity. Eterno's significant research finding was that officers "take advantage of slight ambiguity in the law regardless of the situation. Yet, in dangerous activities, it appears that officers will take advantage of ambiguous legal situations and stretch the law to its limits--searching as necessary." Officers use their discretion to protect themselves from rapidly unfolding street situations not specifically guided by sterile case law. Eterno also found that search situations involving a bright-line rule were more likely to be followed than situations without a bright-line rule. That is, officers tended more toward legal behavior when confronted with bright-line rules than when left to their discretion.

Although the research is cross-sectional and analyzes only one agency, the results are not generalizable. However, law enforcement agencies around the country undoubtedly can relate to the findings through their own experiences with the complex case law in their own states. Eterno does a thorough job describing the policy implications and the context in which police work takes place, including--

* the legal framework in which the police operate;

* the importance of the study to the NYPD and to the broader law enforcement community;

* the juxtaposition of crime control versus due process, two competing models of justice;

* the relevant body of case law, both state and federal, that shape officer behavior;

* the methodology used to study officer behavior;

* the influence of court decisions on police field practices, including the exclusionary rule;

* the changes in officer behavior based upon the ambiguity of the law; and

* the extra legal influences on police behavior, such as police culture, the community, and the organizational bureaucracy.

Eterno brings more than 20 years of law enforcement experience to this research project, which enhances the study's credibility. The book contains authoritative citations and the questionnaire used to sample police officers. In police departments, those tasked with research, analysis and planning, legal affairs, and in-service training will find this book an excellent reference for policy development or search and seizure law. Academics teaching constitutional law/criminal procedure, criminal justice policy analysis, and law in the criminal justice system also will find this text a welcome addition to the reading list.

Reviewed by

Captain Jon M. Shane, Ret.

Newark, New Jersey, Police Department