ROAR aids in legal victory requiring Baltimore Police Department to stop illegal property seizures from crime victims

Today, the Lawyers’ Committee for Civil Rights Under Law, alongside co-counsel at Orrick, Herrington & Sutcliffe LLP, announced the settlement of a class action lawsuit with the Baltimore Police Department (BPD) in Cottman vs. Baltimore Police Department, a case alleging that the department’s practice of searching and seizing the personal property of shooting victims violates those victims’ constitutional rights. Property seized includes clothes, jewelry, phones, shoes, cash, and more. 

The settlement is the result of years of advocacy for crime victims’ rights by The ROAR Center, which identified many victims who — in the wake of being shot — were retraumatized by the seizing of their property by BPD without a warrant or consent and in most instances never having that property returned. Several ROAR clients were named plaintiffs in this groundbreaking case that can serve as a model in other cities. 

One plaintiff was shot in the back of the head after she heroically saved her then 11-year-old son’s life by throwing herself on top of him to shield him from more bullets when he was shot at a playground. A detective went to the hospital and seized her jacket, phone, and shoes without consent. Her phone was also illegally searched without a search warrant or her consent. Another plaintiff was shot seven times, and while in the hospital, a detective seized his cell phone, a bracelet, a necklace, and several articles of clothing without first obtaining a warrant or his consent.

As part of the settlement terms, the police department has adopted a new policy that will benefit crime victims in the future and can be a model for other cities. Starting August 1st, those who have items in police custody will be notified with a link to the process for retrieving their property. They can also contact the department to request a return.

The Lawyers’ Committee took legal action in 2021 after receiving reports from shooting survivors who, while undergoing medical treatment, had their belongings seized by BPD officers between 2018 and 2021. Despite initial refusals to return the victims’ property, BPD eventually acknowledged the impropriety of its actions and worked towards a resolution. 

The settlement agreement requires that the department commit to training, supervising, and disciplining its officers and employees to ensure they conduct searches and seizures within the confines of the law.

“Today’s settlement marks a significant victory for victims of violent crimes and their families. Our clients courageously stood up against the violation of their rights,” said Anisa Sirur, Senior Counsel for the Criminal Justice Project at the Lawyers’ Committee for Civil Rights Under Law, which represents the plaintiffs pro bono. “Their mistreatment underscores the need to hold law enforcement accountable for their actions. The Baltimore Police Department must treat individuals with dignity and uphold the principles of due process. We hope this outcome is a model for other law enforcement agencies nationwide. The Lawyers’ Committee remains steadfast in its commitment to safeguarding constitutional rights and securing justice for people of color. All eyes will be on the Baltimore Police Department to ensure they comply with the settlement.”

“This case is crucial for people who were violently injured in Baltimore City. The case was brought because the Baltimore City police routinely take all crime victim patients’ belongings — their cell phones, their wallets with IDs and money inside, their keys, even their lucky coin they keep in their pocket all the time – claiming the items are evidence. Our attorneys have tried everything possible to get victims’ property returned. Only recently, thanks to the leadership of Shardel Rose, Victims Sercies Unit Manager at BPD, have we seen improvements.” said Lydia C. Watts, Executive Director of ROAR.

“The detrimental impact of having these items taken is devastating. You cannot do anything without a phone — get a job, rent an apartment, or even get in touch with your family. And there is the added trauma of being treated as if you did something wrong immediately after being injured. That flies in the face of everything we know about trauma-informed policing and what victims of crime deserve and need,” continued Watts.

One of ROAR’s clients, Lawrence Braxton, was shot and injured in 2021. Afterward, the police raided his home, where they took several of his belongings, confiscated the cell phones of his children, and caused hundreds of dollars in property damage. To this day, none of his property has been returned. Mr. Braxton explained, “They said it was an ongoing investigation, so they couldn’t return it to me… I was told I’d be contacted by someone from their office, but no one ever reaches back out to you from the police department. I just decided it was a lost cause and gave up on trying to get my stuff back.” The police also refused to cover the damages that they caused to the property, which prompted his landlord to seek payment from Mr. Braxton directly. Mr. Braxton could not afford to pay these costs and ultimately faced eviction. He was never arrested or charged for any crime related to the shooting incident.

Mr. Braxton was also a victim of a shooting that occurred several years prior while working as a security guard, and during that incident, the police took his work vest, boots, and shirt while he was in the hospital. These items were never returned to him, despite no DNA identifying the shooter being found on any of these items. As a result, he was forced to repurchase brand-new work attire. He’s hoping that the police will finally change their policy on taking items from victims and at least communicate with them about why these items are being taken and when they can expect them to be returned. Mr. Braxton said he has “no idea if they destroy the items they take from people, but I know a bunch of people that have never gotten their stuff back from the police.”

“We’re gratified we were able to vindicate the rights of the victims of these egregious due process violations through this settlement,” said Alison Epperson, a member of the Orrick pro bono team on the case. “We are particularly pleased that we were able to secure important reforms to Baltimore Police Department policies that will send a message to other law enforcement agencies that this type of misconduct will not be tolerated. This case exemplifies why our firm is so committed to providing pro bono support to strengthen civil rights protections in communities across the country.”This settlement sheds light on a long-standing issue of rights violations by the BPD dating back to the 1990s when the department implemented “zero tolerance” policies in which police officers with minimal training, oversight, and accountability structures conducted a large number of stops, searches, and arrests— many improper and illegal— accompanied by frequent uses of force, causing frayed relationships between Baltimore residents and BPD. A 2016 United States Department of Justice (DOJ) report issued after Freddie Gray’s death found a pattern of conduct by the Baltimore Police Department that violated the Constitution or federal law, prompting the need for systemic changes.