city of CINCINNATI law Date: May 25, 2021 To: Mayor, and Members of Council From: Paula Boggs Muething, City sieuien ce: Eliot Isaac, Chief, Police Department Subject: Ongoing Policing Reform Efforts on the Anniversary of George Floyd’s Death Today marks the one-year anniversary of the murder of George Floyd in Minneapolis, Minnesota by former police officer Derek Chauvin. George Floyd's death along with the deaths of others like Breonne Taylor in Louisville, Kentucky has served as a catalyst for a new wave of discussion about policing in African America communities. Cincinnati has been fortunate to avoid similar tragedies here. But that result did not happen by mistake or happenstance. Cincinnati has been privileged because of the hard work of numerous individuals who are constantly striving towards the same goal: ensuring a fair and just criminal justice system. While those efforts started twenty years ago following the tragic death of Timothy Thomas with the Collaborative Agreement, the commitment to those ideals has continued to this day. Without the ongoing efforts of leaders in community, and faith organizations, social justice reform groups, the City’s elected and appointed officials, and, most importantly, the men and women of the Cincinnati Police Department, similar events could occur here. Instead, these groups have worked together to learn from the mistakes that have occurred elsewhere to ensure that Cincinnati has the most professional and best trained police department in the country. For that reason, even before the death of Breonne Taylor, the Cincinnati Police Department had taken steps to ensure that its use of warrants (and no-knock warrants in particular) was judicious and prioritized the protection of life above all else. Consequently, when the Gity was asked to evaluate its policies around the execution of warrants, many of the requests or recommendations that could be adopted were already in place or planned. However, the community also brought valuable suggestions and perspective to the conversation. As a result of those discussions, CPD will be adding the following requirements to its written procedures: 1. Incorporate the existing standard for “no knock” warrants from the Ohio Revised Code to prohibit “no knock” warrants unless there is probable cause of a risk of serious harm to persons and require officers to identify and document additional circumstances that makes immediate entry necessary to avoid serious harm to persons instead of other tactics. {00339922-1}May 25, 2021 Page 2 Incorporate the existing standard that probable cause required for all warrants (including “no knock” warrants) not be stale. Require activation of BWC when officers leave their vehicles to execute a search warrant involving forced entry to a residential premises. Require officers making initial forced entry to a residential premises for the execution of a search warrant have visible identification such as name or badge number and be in uniform. Standard or tactical uniforms would be permitted. ‘Tactical vests over plain clothes would not be permitted for the officers making the initial forced entry. Require officers to describe and document the persons they anticipate encountering during the execution of the warrant including the age, gender, medical condition, and any special conditions or circumstances that increases the risk to occupants to the extent officers can determine that information. Require surveillance in the twenty-four hours preceding forced entry to a residential premises for the execution of a search warrant. I extend my sincere thanks to the Cincinnati Police Department and the leaders from the Black United Front and the Ohio Justice and Policy Center for their engagement and constructive conversations. Please contact me with any questions. {00339922-1}