Hearing set on arrest policy
Vigorous policing in city criticized
By Gus G. Sentementes
sun reporter
Originally published January 4, 2006

The Baltimore Police Department's arrest practices are to be scrutinized today at a public hearing after criticism that officers have arrested thousands of people who were ultimately never charged with any crimes.

Critics have characterized the arrests as illegal and have called on Mayor Martin O'Malley and police Commissioner Leonard D. Hamm to curtail the policy that they say focuses on harassing and arresting people for minor offenses such as loitering.

Police and other city officials say the department is responding to complaints from citizens about drugs and nuisance crimes in their neighborhoods.

"At numerous community meetings that the mayor and the police commissioner attend, citizens are asking the police to do more, not less," said Raquel Guillory, a spokeswoman for the mayor.

Matt Jablow, a police spokesman, said Hamm is expected to lay out a plan today to allay community concerns.

Tension between police and some community leaders last year arose as the department aggressively pursued enforcement of nuisance and quality-of-life crimes in an effort to disrupt the drug trade.

Today's hearing was called by Del. Salima S. Marriott, a Democrat, and other city representatives to the General Assembly. It is scheduled for 4:30 p.m. at the War Memorial Building near City Hall. O'Malley, Hamm and State's Attorney Patricia C. Jessamy are expected to attend.

City prosecutors typically decline to prosecute about one of three arrests in which officers believe they have observed evidence of a crime being committed. About one-quarter to one-third of those declined cases each month are deemed "abated by arrest," meaning that a prosecutor determines that the alleged illegal activity was stopped with the suspect's arrest, according to prosecutors.

The remainder of cases, which can number in the hundreds each month, are declined by prosecutors for other reasons, such as insufficient evidence that a crime was committed, based on statements supplied by police in charging documents.

The city police set a record for arrests in August when prosecutors reviewed 8,964 arrests, nearly 1,300 more than the preceding month. Prosecutors declined to take 2,961 cases, about 33 percent.

Arrests have steadily declined since then. For November, city prosecutors reviewed 4,834 arrests and declined to prosecute 1,881, according to prosecutors.

Warren A. Brown, a criminal defense attorney who has been critical of police on the issue, said the aggressive efforts alienate residents.

"It's a real feeling out there that in certain neighborhoods, the Constitution has no place," he said.

gus.sentementes@ baltsun.com