City of Chicago Announces Changes to Search Warrant PolicyNew policy will expand and build upon ongoing reform efforts by ensuring transparency, accountability and respect for human dignity in search warrant execution
The City of Chicago and the Chicago Police Department announced a series of draft changes to the policy and procedures around obtaining and serving search warrants. These wide-ranging policy revisions will help to prevent wrong raids, ensure that search warrants are carried out with a respect for human dignity, and guarantee accountability and transparency following wrong raids. The new search warrant policy, which is open for public comment , is the product of a top-to-bottom review ordered by Superintendent Brown in December, and builds on Mayor Lightfoot’s ongoing efforts to ensure transparency and accountability following the events that took place at Anjanette Young’s home and the City’s subsequent actions.
The new draft policy will prevent wrong raids and ensure accountability with a number of reforms that will change procedures before, during and after the execution of a search warrant:
Prior to the Execution of a Search Warrant
All search warrants will now have to be approved by a deputy chief or higher, which is three ranks above the previous requirement of lieutenant approval.
- All “No-Knock” warrants will be banned from use by CPD except in specific cases where lives or safety are in danger. Additionally, these “No-Knock” warrants will now need approval from a bureau chief or higher, and will only be served by SWAT, rather than the team or officer who obtained and sought approval for the warrant.
- Prior to the service of any search warrant, the team who will be serving a warrant will now be required to conduct a planning session wherein they identify any potentially vulnerable people who may be present at the location in question, including children.
- In an effort to eliminate the possibilities of “wrong” raids, all warrants, both standard and “No-Knock”, will now require an independent investigation prior to the approval and execution of the warrant that will verify and corroborate that the information used to obtain the warrant is accurate.
During the Execution of a Search Warrant
- A female officer is now required to be present for the serving of all search warrants.
- A lieutenant or higher must be present and in command of the scene for the serving of any warrant, as opposed to the previous requirement that a sergeant be present.
- In aligning with preexisting policy, officers will also be required to document any and all instances in which a firearm is pointed at any person.
After the Execution of a Search Warrant
- Any search warrant that is served at a wrong address OR where the information used to obtain the warrant turns out to be false will be considered a wrong raid.
- A complaint log number will be required for submitting false reports or for all wrong raids, including those in which search warrant is served at a wrong address OR where the information used to obtain the warrant turns out to be false
- Additionally, CPD will now conduct a critical incident after-action review for all wrong raids
The new policy has been posted on CPD’s website and will be available for public review for 15 days. Once the comment period is complete, CPD is committed to reviewing the submitted comments and will identify any concerns that may require further review or be addressed though further revisions to the draft polices.
Source: 3rd Wad E-News (March 6, 2021)