February 21, 2019
The CPC’s response to the City’s January Drafts of the (5) General Police Orders related to Search and Seizure
At the core of the (5) proposed Search and Seizure Polices are Constitutional issues that should not be taken lightly. The 4th Amendment is the backbone of the Consent Decree and violations have resulted in numerous complaint actions, costly litigation and harmful findings against the City.
The CPC’s Search and Seizure Work Group is unique in quality of knowledge and years of legal experience with 4th Amendment issues. The group may constitute one of the greatest resources ever assembled to examine local police policy. The recommendations made were done thoughtfully, with consideration of current case law from all sides, and reviewed for practicality of application in the field. We stand firm on the 22 recommendations from each of the 5 policies.
We reiterate that there are some issues such as gender equality, para-military terminology and recognition of the issues related to juveniles that are universal and should be examined by the Division in a much larger scope, across all policy.
We appreciate the City’s efforts to include the communities concerns and the advice of this work group into the most recent drafts. We look forward to our February 25th meeting with the City’s policy team, DOJ representatives and members of the monitoring team to continue the conversation to ensure these policies are in harmony with the purpose of the Consent Decree.