On Thursday, the City of Cleveland released their proposed update to the police department's search and seizure policies.
While the policies aren't necessarily new to the department, the specifics for each has been revised, clarified or expanded to fall in line with the Department of Justice Consent Decree.
RELATED: In wake ofconsent decree, Cleveland police asked to do more 'community policing'
The city is also seeking feedback from residents about the updated policies. A survey on the policies is available to take here.
A full list of the policies can be found here. In addition, the city will be holding several public meetings to discuss the policies and gather community feedback. A schedule of meetings can be found here.
Here is a summary of the updated the policies: (More detailed information can be found here.)
Search and Seizure
The Cleveland Division of Police searches and seizures policies in accordance with the rights secured and protected by Constitution and federal and state law. The Division will conduct searches and seizures fairly and respectfully consistent with the Division’s commitment to procedural justice, community and problem-oriented policing, and community values.
Officer’s Conduct
Explain to the person being searched and/or seized the reason for the search/seizure and how the search/seizure will be conducted. Treat searched and/or seized persons with courtesy, professionalism, respect, dignity, and equality.Requirements for a Search and Seizure
Searches generally must be made pursuant to a warrant. There are exceptions when searches may be made without a warrant.Types of Searches that can be made Without a Warrant
Open View Doctrine
Plain View Doctrine
Consent Searches-Arrest
Exigent Circumstances Searches
Pat Down/Frisks During Investigatory Stop
Custodial Searches and Other Searches Incident to Arrest
Vehicle Inventory Search
Open Fields and Curtilage
Investigative Stops
These include voluntary stops and investigating stops (so called Terry stops) based upon reasonable suspicion.
Probable Cause
The facts and circumstances known to the officer(s) that would lead a reasonable person to believe that an individual has more likely than not committed or is committing a crime.
Reasonable Suspicion
An objectively, justifiable suspicion that is based on specific and articulable facts or circumstances that justifies an officer stopping an individual that has committed, is committing, or is about to commit an offense. Reasonable suspicion is more than a hunch but less than probable cause. A police officer stopping an individual must be able to point to specific facts or articulable circumstances even though the level of suspicion need not arise to probable cause.
Officers Must Provide
- The officer’s full name and badge number
- The officer’s rank or title
- The fact that the officer is a Cleveland Police Officer
- The reason for the stop
- The fact that the stop is being recorded, if applicable
Probable Cause Arrest
Requirements
Unless possessing a warrant, officers must have probable cause that a suspect has committed or is committing a crime in order to affect an arrest.
When taking a suspect into custody, as early as practical under the circumstances, officers must identify themselves, inform the suspect that he/she is under arrest, and state the reason for the arrest.
Entering a Residence
Officer(s) reasonably believe the person(s) is within the residence at the time of entrance
Consent to enter the residence is given by a person who shares access and control of the premises
Exigent circumstances (e.g., hot pursuit, spontaneous violence, prevention of a crime, or imminent escape to avoid apprehension).
Supervisory Review
- Supervisors must review all documentation of arrests for completeness and adherence to law and division policy.
- Supervisors must take appropriate action to address all apparent violations or deficiencies in arrests.
Miranda Rights
Criteria
A suspect is in custody and the officer is to question or interrogate the individual.
Miranda Warning
“You have the right to remain silent.”
“Anything you say can be used against you in court.”
“You have the right to an attorney prior to and during and questioning.”
“If you cannot afford an attorney, one will be appointed for you, if you wish.”
“You can decide at any time to exercise these rights and not answer any questions or make any statements.”Detainee Searches
Requirements
There is probable cause to believe that the person is concealing evidence of the commission of a criminal offense, including fruits or tools of a crime, contraband, or a deadly weapon that was not otherwise discovered through less-intrusive means.
A detainee search must be supported by articulable facts considering the nature of the offense, circumstances of the arrest, and if known, prior criminal/conviction record of the person or that the arrestee may possess weapons or contraband on or in their body.
Strip Searches
Conducted only in a secure holding facility, when less intrusive means of discovering a weapon or contraband are not available.
Officers shall take reasonable steps to minimize the potential embarrassment or discomfort to the party being searched and shall include the least number of personnel necessary.
Body Cavity Searches
All body cavity search warrant requests must be pre-approved in writing by a Division of Police supervisor.
A body cavity search shall be conducted only by a physician, or registered nurse, or licensed practical nurse, which is registered or licensed to practice in the State of Ohio.
Reporting
A Cleveland Division of Police Prisoner Search Report will be made upon completion of any strip or body cavity search.
