October 12, 1998

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

RE: "Ride-alongs"

Dear Chief Beams,

See the enclosed material on the inadvisability of "ride-alongs", especially by prosecutors, public defenders and the press.

In addition to the Fourth Amendment problem described in the enclosed Kilpatrick article and the witness recusal problem apparent in the enclosed Sallee case, we also have the possible ethical problem presented when we as prosecutors don't make disclosure of a possible witness (the "ride-along", often a newspaper reporter) to the defense as "Brady Material", BECAUSE IT WASN'T DISCLOSED TO US IN THE POLICE REPORT.

Also please don't take district attorneys or public defenders along. It becomes more expensive for the taxpayer when your local prosecutors and public defenders have to recuse themselves.

If a "ride-along" was present during any arrest which becomes a state case, please report the identity of any such person to us as a witness through your routine police report, whether they are reporters claiming the Shield Law or not. If your agency requires liability waiver forms to be signed, please send them to us for disclosure in case the defense sees fit to inquire as part of their preparation.

Very truly yours,

James N. Ramsey
District Attorney General

JNR/tg