Police Encounters or "Search and Seizure" 

The 4th Amendment of the Constitution grants the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Cleveland Division of Police is currently updating their Search and Seizure Policy. The policy has (5) Components: Search and Seizure, Investigatory Stops, Warrantless Arrests, Miranda Rights and Warning, Body Cavity and Strip Searches. 

The Cleveland Community Police Commission formed a working group of legal subject matter experts and community advocates to review the proposed policies. On November 15, 2018 the group submitted a report and recommendations to the City of Cleveland. The report can be found here.

November 15, 2018

The Commission formed a working group led by attorney Gordon Friedman which consisted of prominent members of the legal community and advocacy organizations including representatives of CWRU's School of Law,  Cleveland-Marshall College of Law, ACLU of Ohio, Office of the Public Defender, Equality Ohio and the Cleveland NAACP. The work- group also included Commissioners who represent local officer associations.

 

The work groups recommendations on all (5) draft Search and Seizure Policies are included in the report 
 

March 27, 2018

Police Encounters or Search & Seizure Downloadable Presentation

This presentation is a community guide to police encounters - more commonly known as "search and seizure."

September 12, 2018

Search and Seizure Draft Policy: Investigatory Stops

To establish Cleveland Division of Police guidelines so that all investigatory stops are conducted in accordance with the rights secured or protected by the Constitution and federal and state law. The Division will conduct investigatory stops fairly and respectfully, consistent with the Division’s commitment to procedural justice, community and problem-oriented policing, and community values.   

Draft General Police Order for Investigatory Stops      I       

September 12, 2018

Search and Seizure Draft Policy: Search and Seizure

To establish Cleveland Division of Police guidelines so that all searches and seizures are conducted 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.   

Draft General Police Order for Search & Seizure      I       

September 12, 2018

Search and Seizure Draft Policy: Probable Cause and Warrantless Arrests

To establish Cleveland Division of Police guidelines so that all arrests are conducted in accordance with the rights secured and protected by Constitution and federal and state law. The Division will conduct arrests fairly and respectfully as part of an effective overall crime prevention strategy consistent with community values.

Draft General Police Order for Probable Cause/ Warrantless Arrests      I       

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