Summary
In this report, the Department of Justice concludes that there is reasonable cause to believe that BPD engages in a pattern or practice of conduct that violates the Constitution or federal law. The pattern or practice includes: (1) making unconstitutional stops, searches, and arrests; (2) using enforcement strategies that produce severe and unjustified disparities in the rates of stops, searches and arrests of African Americans; (3) using excessive force; and (4) retaliating against people engaging in constitutionally-protected expression. We also identified concerns regarding BPD’s transport of individuals and investigation of sexual assaults. BPD’s failings result from deficient policies, training, oversight, and accountability, and policing strategies that do not engage effectively with the community the Department serves. We are heartened to find both widespread recognition of these challenges and strong interest in reform. We look forward to working with the Department, City leadership, and Baltimore’s diverse communities to create lasting reforms that rebuild trust in BPD and ensure that it provides effective, constitutional police services to the people of Baltimore.
Contents
I. Background. --
A. Baltimore, Maryland. --
B. The Baltimore Police Department. --
C. BPD’s Enforcement Priorities and Relationship with the Baltimore Community. --
D. Federal Involvement. --
II. BPD Engages in a Pattern or Practice of Conduct that Violates the United States Constitution and Laws,
and Conduct that Raises Serious Concerns. --
A. BPD Makes Unconstitutional Stops, Searches, and Arrests. --
1. BPD’s Unconstitutional Stops, Searches, and Arrests Result in Part from Its “Zero Tolerance”
Enforcement Strategy. --
2. BPD Unconstitutionally Stops and Searches Pedestrians. --
3. BPD Makes Unconstitutional Arrests. --
4. BPD’s Unconstitutional Stops, Searches, and Arrests Result from a Longstanding Practice of
Overly Aggressive Street Enforcement with Deficient Oversight and Policy Guidance. --
B. BPD Discriminates Against African Americans in its Enforcement Activities. --
1. BPD’s Enforcement Activities Disproportionately Impact African Americans. --
2. Racial Disparities in BPD’s Enforcement, Along with Evidence Suggesting Intentional
Discrimination Against African Americans, Exacerbates Community Distrust. --
C. BPD Uses Unreasonable Force. --
1. BPD’s Overly Aggressive Tactics Unnecessarily Escalate Encounters and Result in Excessive
Force. --
2. BPD Uses Unreasonable Force Against Individuals with a Mental Health Disability and Those in
Crisis and Fails to Make Reasonable Modifications When Interacting with Individuals with Mental
Health Disabilities. --
3. BPD Uses Unreasonable Force Against Juveniles And Ignores Widely Accepted Strategies For
Police Interactions With Youth. --
4. BPD Uses Unreasonable Force Against People Who Are Not a Threat to Officers or the Public. --
5. BPD’s Deficient Policies, Training, Crisis Intervention Program, and Lack of Oversight Underlie
The Pattern Or Practice Of Excessive Force and Violations of the Americans With Disabilities Act. --
6. BPD’s Transport Practices Create a Significant Risk of Harm. --
D. BPD Unlawfully Restricts Protected Speech. --
1. BPD Unlawfully Detains and Arrests Members of the Public for Protected Speech. --
2. BPD Retaliates by Using Force Against Individuals Who Engage in Protected Speech. --
3. Concerns that BPD Interferes with the Right to Record Public Police Activity. --
E. BPD’s Handling of Sexual Assault Investigations Raises Serious Concerns of Gender-Biased
Policing. --
1. Evidence of Gender Bias in BPD’s Response to Sexual Assault. --
2. BPD Fails to Adequately Investigate Reports of Sexual Assault. --
III. Systemic Deficiencies in BPD’s Practices Contribute to Constitutional Violations, Erode Community
Trust, and Inhibit Effective Policing. --
A. BPD Fails to Adequately Supervise Its Officers’ Enforcement Activities. --
1. BPD Does Not Provide Adequate Policy Guidance and Training to its Officers. --
2. BPD Does Not Adequately Supervise Officers or Collect and Analyze Data on their Activities. --
B. BPD Fails to Adequately Support its Officers. --
C. BPD Fails to Hold Officers Accountable for Misconduct. --
1. BPD Lacks Adequate Systems to Investigate Complaints and Impose Discipline. --
2. BPD’s Internal Culture is Resistant to Effective Discipline. --
D. BPD Does Not Coordinate with Other Agencies Appropriately. --
E. BPD Fails to Engage in Effective Community Policing. --
1. The Relationship Between the Police and the Community in Baltimore Is Broken. --
2. BPD Has Failed to Implement Community Policing Principles. --
3. BPD Recognizes that It Must Improve Its Relationship with the Communities It Serves, But Much Work Remains. --
Conclusion.