Stop in the Name of the Law: The Legal Regulation of Police Stops in Europe

Police stops are pervasive across Europe, but their legal regulation is heterogeneous, with differences in legal structure, accountability and deployment. This paper examines the regulatory frameworks governing police stops in England and Wales, Finland and France to enable cross-jurisdictional comparisons. This framework is divided into three characteristics: the legal structure, discretion and legal safeguards, and the justification for the power. The analysis reveals commonalities and major differences in the legal powers and safeguards, including some very lax regulation. Some elements appear more central in ensuring effective oversight. There is, however, no simple connection between the regulatory framework and the negative impacts. High-level discretion of police leadership and security authorities and political justifications emphasising deterring crime and security threats diminish the effectiveness of other regulatory components.