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letra de section eight - searches and seizures - the cleveland consent decree

160. cdp will conduct all investigatory stops, searches, and arrests with the goal of ensuring that they are conducted in accordance with the rights secured and protected by the const-tution and state and federal law. cdp will conduct investigatory stops, searches, and arrests fairly and respectfully as part of an effective overall crime prevention strategy that takes into account community values. to achieve this goal, cdp will revise, develop, and implement search and seizure policies that comply with applicable law, and include the requirements below

161. officers will not use an individual’s gender, race, ethnicity, national origin, or perceived s-xual orientation as a factor, to any extent or degree, in establishing reasonable suspicion or probable cause, unless such information is part of an actual and credible description of a specific suspect in an investigation that includes other identifying factors

162. officers will not conduct investigatory stops when they lack reasonable suspicion

163. officers will not conduct pat down searches without specific and articulable facts to reasonably suspect that a particular person is armed and dangerous. this does not restrict an officer’s ability to conduct a search incident to arrest or prior to transport

164. where an officer seeks consent for a search, the officer will inform the person of his or her right to refuse and to revoke consent at any time and doc-ment the person’s consent

165. cdp officers will not rely solely upon an individual’s geographic location, or presence in a high crime area without any other specific and articulable facts indicating that the individual has been, is, or is about to engage in criminal activity, as the basis for an investigatory stop

166. officers will immediately notify a supervisor when effectuating a custodial arrest for obstructing official business, resisting arrest, or -ssaulting an officer and no other substantive violation is alleged. upon notification, the supervisor will respond to the scene

167. officers will not use “canned” or conclusory language without supporting detail in doc-ments or reports doc-menting investigatory stops, searches, or arrests

168. officers will articulate the justification for an investigatory stop, search, or arrest in a specific and clear manner in their reports. cdp will train officers to use specific and individualized descriptive language in reports when doc-menting investigatory stops, searches, and arrests. supervisors will review all doc-mentation of investigatory stops, searches, and arrests for completeness and adherence to law and cdp policy

169. cdp supervisors will review each arrest report by officers under their command, whether or not they involve the seizure of contraband, and will sign off on those reports to memorialize their review within 24 hours of the arrest, absent exceptional circ-mstances. supervisors will review reports and forms for deficiencies including:

a. “canned” or conclusory language without supporting detail, inconsistent information, insufficient articulation of the legal basis for the action, or other indicia that the information in the reports or forms is not correct or complete;

b. arrests following stops that were not supported by reasonable suspicion;

c. arrests that are not supported by probable cause, or are otherwise in violation of the law or cdp policy; and

d. for every search or arrest involving the recovery of contraband evidence, whether the circ-mstances by which the evidence was recovered and/or probable cause for arrest was established are plausible and complete

170. within seven days, cdp supervisors will separately doc-ment and report:

(1) investigatory stops and pat-down searches that appear unsupported by reasonable suspicion, or that are otherwise in violation of cdp policy;

(2) arrests unsupported by probable cause or that are in violation of cdp policy; or

(3) investigatory stops, searches, and arrests that, while comporting with law and policy, indicate a need for corrective action or review of agency policy, strategy, tactics, or training

171. cdp supervisors will take appropriate action to address all apparent violations or deficiencies in investigatory stops, searches, and arrests. appropriate action may include recommending non-disciplinary corrective action for the involved officer, or referring the incident for administrative or criminal investigation. the supervisor will ensure that each violation or deficiency is addressed in the officer’s performance evaluations

172. a command-level official will review, within seven days of their completion, all supervisory reports of investigatory stops and pat-down searches not supported by reasonable suspicion, all searches and arrests not supported by probable cause, and all investigatory stops, searches, and arrests that were in violation of cdp policy, or that indicated a need for corrective action or review of agency policy, strategy, tactics, or training. the commander will evaluate the supervisor’s -ssessment and recommendations and ensure that all appropriate corrective action is taken, including referring the incident to internal affairs for investigation, if warranted. the commander also will take appropriate non-disciplinary corrective action and/or will initiate the disciplinary process against supervisors who fail to conduct complete, thorough, and accurate reviews of officers’ investigatory stops, searches, and arrests. cdp will take into account the quality and completeness of these supervisory and commander reviews of officers’ investigatory stops, searches, and arrests, in supervisory and commander performance evaluations

173. cdp will provide all officers with initial training that is adequate in quality, quant-ty, scope, and type on investigatory stops, searches, and arrests, including the requirements of this agreement. the training will be taught by a qualified instructor with significant experience in fourth amendment issues. the training will address the requirements of fourth amendment and related law, cdp policies, and this agreement, including:

a. the difference among the scope and degree of intrusion -ssociated with different types of police contacts; the difference between probable cause, reasonable suspicion, and mere speculation; and the difference between voluntary consent and the mere acquiescence to police authority;

b. the types of facts and circ-mstances that may be considered in initiating, conducting, terminating, and expanding an investigatory stop;

c. the level of permissible intrusion when conducting searches, such as “pat-downs” or “frisks”;

d. the permissible nature and scope of searches incident to an arrest;

e. procedures for executing searches, including handling, recording, and taking custody of seized property and evidence; and

f. the principles of procedural justice and the effect that differing approaches to investigatory stops, searches, and arrests can have on community perceptions of police legitimacy and public safety

174. cdp also will provide officers with annual search and seizure in-service training that is adequate in quality, quant-ty, type, and scope

175. cdp will incorporate the following elements in its training of officers: (1) if possible, introducing themselves at the initiation of contact with a civillan; (2) stating the reason for an investigatory stop as soon as practicable; (3) ensuring that an investigatory stop is no longer than necessary to take appropriate action; and (4) acting with professionalism and courtesy throughout the interaction

- the cleveland consent decree

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