July 27, 2000

Chief David Beams
Oak Ridge Police Department
P.O. Box 1
Oak Ridge, TN 37830

RE: "Ride-alongs"

Dear Chief Beams,

Please see the enclosed article from the FBI Law Enforcement Bulletin which is consistent with my views opposing random "ride-alongs".

Note: The FBI has the Law Enforcement Bulletin available from their web site. However, they put each entire issue in one pdf file rather than separating the articles. (pdf files requires the Adobe Acrobat® Reader) The July, 2000 issue is a 35 page pdf file. The specific article is on page 26, entitled: "Media Ride-Alongs, Fourth Amendment Constraints", by Kimberly A. Crawford.

If it were within my authority to forbid them altogether I would do so for the reasons stated at www.AttorneyGeneral.org, Current Issues, but only you as Chief in your department can make that decision and I have no choice but to respect it.

However, if you do allow "ride-alongs", please recognize that they become witnesses (even if they are reporters claiming the shield law) to whatever case may arise and come up for prosecution or civil litigation. In the first instance this triggers the prosecution's Brady responsibilities to make disclosure to the defense. On your waiver forms for persons riding along it would be fair to warn them that they may be required by subpoena to testify in court to their observations during ride-alongs.

I request that this office be informed of all "ride-alongs" who may have had an opportunity to witness anything relating to a criminal case. "Ride-along" witnesses observe acts including police conduct and defendants' conduct, and in fact any actions that become part of the police report. The police report in any case should clearly list the name, address and phone number of any "ride-along" person who is present at arrests, interviews of witnesses, recovery of physical evidence, etc.

I understand that "ride-along" programs are popular with officers and that they promote good public relations, and also that the City requires waivers of liability for its own protection.

However, other legal considerations involving the courts override such considerations. This includes the fact that the "ride-along" witnesses themselves do not realize that the waiver does not protect THEM from getting sued (only the City is protected, and the City only from the ride-along's potential claims) and also they have no idea that they may become witnesses in both criminal and civil cases which may come out of what they saw.

In short, the City's waiver strips the "ride-along" passenger of rights while burdening him or her with exposure to unlimited liabilities. In the words of one chief, " ...the only "ride-along" should be the suspect to the jail!"

Very truly yours,

James N. Ramsey
District Attorney General

JNR/tg

Cc: Tennessee Municipal League
     Anderson County Bar Association
     Tennessee Bar Association, Criminal Justice Section
     District Attorneys General Conference
     Anderson County Public Defender