Bakersfield: State investigation finds California police department violated residents’ constitutional rights

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The changes include a ban on the use of electronically controlled weapons such as tasers on handcuffed people and a requirement for officers to avoid holding a subject face down whenever possible, according to a stipulated ruling. entered into between the city and the California Department of Justice.
The investigation found that the department had engaged in unreasonable arrests, searches, arrests and seizures and failed to supervise its agents, according to a civil complaint filed by the state’s Justice Department.

The state also found evidence of unreasonable force, including the use of unreasonable lethal force against people with mental health problems, and the inability to provide meaningful access to police services to people with disabilities. limited fluency in English.

“These are sweeping, significant, far-reaching changes,” said California Attorney General Rob Bonta. “Committing to this depth and breadth of change is not easy. “

An independent monitor will oversee the implementation of the judgment, which includes BPD’s adoption of body-worn cameras, volunteering to collect data at the start of the state’s racial and identity profiling law, and the creation of ” a community collaboration initiative.

Bakersfield Police Chief Greg Terry denied the state’s claims but said the department would adopt the policies.

“We believe the state’s concerns are unfounded and we have nothing to hide. Over the years, courts and judges have consistently validated the police department’s efforts to uphold the civil rights of our residents,” Terry said during an online press conference with Bonta on Monday.

Terry said that as per his recommendation, the deal was reached by Bakersfield City Council without finding fault rather than engaging in a costly legal battle. In return for adopting the reforms, the city shuns all responsibility for the constitutional violations alleged in the state’s complaint.

“After much deliberation, and on my recommendation, the City decided to adopt this agreement; the decision was reduced to a choice between advocating for the past or controlling our future, reassuring our community and moving forward in a positive way, ”said Terry.

The state Department of Justice opened a civilian investigation in December 2016 following allegations by individuals and community organizations of excessive force and other serious misconduct by the police service.
Kern County, home to around 900,000 residents and home to Bakersfield, is known for its unusually high rate of police violence. In 2015, an investigation by The Guardian found that it had the highest number of police murders per capita of any US county. He also reported that police killed 79 people in the county from 2005 to 2015.
The state Department of Justice conducted a similar investigation into the Kern County Sheriff’s Office, which also ended with a stipulated judgment in December.

The investigation determined that BPD “has not applied the law consistently and adequately, which has led to a pattern or practice of conduct that deprives residents of constitutional protections.”

“Specifically, the DOJ alleges in its complaint that BPD’s conduct resulted in the use of unreasonable force, as well as unreasonable arrests, searches, arrests and seizures,” the department said.

The investigation also criticized the ministry for the following:

• Failure to provide appropriate management and supervision;
• Not offering equal employment opportunities;
• Failure to adequately maintain a program to deal with complaints from civilians;
• Lack of a comprehensive community policing program.

The ministry will also ensure that residents who do not speak English are provided with useful policing services. According to the 2020 census, 50.2% of Bakersfield’s 403,455 residents reported being of Hispanic or Latino descent.

The deal will require the ministry to overhaul the way it uses police dogs. Kindergarten to Grade 9 officers should use “bark and hold” techniques to locate subjects rather than using force immediately.

BPD will expand its reporting on cases where officers use force, requiring officers to report anything beyond a standard handcuff. All reported use of force will be investigated by a supervisor and supervisors will be held responsible for failing to detect, adequately investigate or respond to unreasonable use of force.

CNN’s Cheri Mossburg contributed to this report.

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