From a legal perspective, the development of new methods of policing raise important questions regarding the methods compatibility with the rule of law. In unregulated areas, or areas of wider police discretion, new methods may come into conflict with constitutional principles such as the principle of legality or proportionality. Police innovation within such discretionary spaces may also weaken democratic legitimacy, as legislative approval or political consideration may be absent.
Through an interview study with police leaders and managers at different levels within the new Swedish Police Authority, we have found that innovation in police working methods is primarily developed through informal processes and networks in the lower operative levels of the police organization. The question is whether internal systems aimed to ensure quality control and uniformity of methods has been designed to secure legal aspects in such processes and, if not; to what extent there are sufficient external judicial controls. During the presentation, findings from the interview study will be discussed from a legal perspective, asking how to secure sufficient judicial control when new police methods are developed.