Dec 31, 2024 Story by: Editor
The Justice Department and the City of Baltimore jointly filed a motion seeking court approval to declare that the city and the Baltimore Police Department (BPD) have fully complied with key provisions of a consent decree concerning First Amendment rights, community oversight, and coordination with the Baltimore City School Police.
The motion is based on BPD’s consistent progress in meeting the goals outlined in the consent decree. According to reports from the independent monitor, BPD has been found to be in full compliance with all three relevant sections. If the court approves the motion, BPD will need to maintain compliance for one year before the court can terminate these sections of the decree.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division commented on the matter, saying, “The First Amendment’s protections are fundamental to a free society, and the Baltimore Police Department has successfully implemented reforms proven to protect people’s rights during protests and demonstrations.” She added, “The 2020 racial justice demonstrations and protests posed serious challenges to law enforcement nationwide. Because of the hard work done under the consent decree to prepare officers for encounters with the community during demonstrations, the Baltimore Police Department has been able to successfully navigate these moments, while supporting the right to protest and keeping the peace. The Justice Department remains committed to collaboratively working with the Baltimore Police Department and the community to ensure constitutional and fair policing — the people of Baltimore deserve nothing less.”
The Justice Department’s investigation into BPD practices began in 2015, following requests from city officials and community members after the death of Freddie Gray. In 2017, the city and the court approved a consent decree to address the violations identified during the investigation and their root causes.
Since the decree’s approval, BPD has updated its policies and training to ensure officers respect First Amendment rights, including the right to record police activity in public. The independent monitor’s reports indicate several key achievements:
- No evidence that BPD obstructs individuals’ ability to observe or record police activity.
- Very few instances of BPD officers violating the First Amendment between January 1, 2020, and June 30, 2022, despite thousands of public interactions.
- Successful compliance with consent decree requirements related to protest activities during the 2020 racial justice protests, a 2020 protest tied to a speech by the Vice President, and a separate protest in November 2023.
The consent decree also required collaboration with community leaders to address challenges related to civilian oversight in Baltimore and improve accountability with the Baltimore City School Police. BPD has made progress on these fronts, including implementing recommendations from the Community Oversight Task Force and enhancing transparency and coordination with school police.
In addition to these accomplishments, BPD has made significant strides in other areas outlined in the consent decree, such as:
Stops, Searches, and Arrests:
- BPD has revised policies and training on lawful arrests. The independent monitor has found that BPD is making significantly fewer arrests without probable cause.
- The number of arrests made by BPD that led to releases without charges dropped by 91% from 2020 to 2022, decreasing from an average of 43 per month to just four.
Transportation of People in Custody:
- BPD has implemented reforms to ensure the safe transportation of individuals in custody. If the court approves the joint motion, nearly 30% of the substantive sections of the consent decree will be considered in full and effective compliance. If BPD maintains compliance for one year, these sections could be successfully terminated.
Response to Individuals with Behavioral Health Issues:
- BPD has reduced the use of force and improved compliance with constitutional requirements and department policies.
- The city has also worked to divert non-law enforcement behavioral health calls and has enhanced its responses to such calls, often resolving situations without force or arrest.
Since January 2021, the Justice Department has opened 12 investigations into law enforcement agencies under 34 U.S.C. § 12601, and has been monitoring over a dozen agreements with law enforcement agencies established prior to that time. The department has successfully concluded agreements with the Yonkers, New York Police Department; the Albuquerque, New Mexico Police Department; the Suffolk County, New York Police Department; the Portland, Oregon Police Bureau; and the Seattle Police Department.
The department has also issued findings reports concerning several other police agencies, including the Louisville Metro Police Department, the Minneapolis Police Department, the Phoenix Police Department, and others.
In Louisville, a court-enforceable agreement was reached with the local government to resolve the department’s findings.
Ongoing investigations involve the Louisiana State Police, the New York City Police Department’s Special Victims Division, the Oklahoma City Police Department, and the Rankin County, Mississippi Sheriff’s Department. Source: DOJ
