Report: D.C. Police Need Guidance to Avoid Unlawful Home Entry

Article excerpt

Byline: Andrea Noble, THE WASHINGTON TIMES

D.C. police officers need a refresher on when it's legal to enter a home without a warrant, according to a report issued Wednesday by the city's Police Complaints Board.

The board said it routinely receives complaints about officers entering homes - the complaints comprise nearly 14 percent of all those received since 2009 - and recommends the department should write a general order clarifying the exigent circumstances that would justify a warrantless search.

Providing better training and developing a general order on warrantless entries for officers will aid them in carrying out their duties all the while protecting the rights of the public, said Philip K. Eure, director of the Office of Police Complaints.

The board does not believe the problem is systemic, however, noting that only a small number of complaints, 12 in all, appeared to raise valid concerns about unlawful entries into private homes by police. The agency annually receives hundreds of complaints, and in fiscal 2012 saw 574 formal complaints filed.

A police spokeswoman said the Metropolitan Police Department does not agree with the findings and recommendations of the report and provided a copy of police Chief Cathy L. Lanier's written response to a draft of the report.

The MPD most certainly supports all efforts to reduce incidences of police misconduct; however MPD believes the OPC report inaccurately depicts a systemic problem, and that current policy and procedures are sufficient to prevent warrantless entries into private homes, Chief Lanier stated in the letter.

Of the 12 cases mentioned, the department noted that the office of police complaints has upheld five, with another three still under investigation. One case was deemed unfounded, one settled in mediation, one referred back to D.C. police and another withdrawn by the complainant.

The police union similarly condemned the report with Chairman Kristopher Baumann highlighting the relative few cases at issue that are among the millions of interactions police have with people every year. …