The Baltimore Sun’s recent editorial mischaracterized the attorney general’s guidance to Maryland law enforcement (“Anthony Brown’s ICE memo is a political firebomb,” Oct. 29). The guidance is not political, nor is it new. It is a straightforward restatement of existing Maryland law and is the type of guidance that office has issued for the nearly three decades I have been in law enforcement in this state.
During my time at the Baltimore City Sheriff’s Office, we have had multiple deputy sheriffs become task force officers with federal law enforcement agencies including DEA, ATF and the United States Marshals Service. These deputies were partnered with federal law enforcement agents and provided federal resources to locate criminals and solve crimes. At all times, these task force deputies remained employees of the sheriff, were bound by the rules of the sheriff’s office and required to obey state law.
I am not sure why the editorial board labeled the attorney general’s guidance a “political firebomb,” as he just highlighted the actual statutes that regulate Maryland law enforcement officers. Had he reviewed the individual federal task force agreements of every Maryland law enforcement agency and identified where each agreement was noncompliant with Maryland’s laws, that would have been very politically incendiary. Instead, by issuing broad and publicly available guidance to all Maryland law enforcement without singling out any one agency, or federal law enforcement mission, I believe the attorney general acted in a far more diplomatic fashion.
I re-read the attorney general’s guidance to see if I missed something after the board published its editorial. When I did, I found nothing in the advice that would prevent me or my deputies from pursuing dangerous individuals who violate the criminal laws of Maryland. I concluded that Maryland officers retain our wide latitude and discretion to pursue repeat violent offenders and others who would harm the public within our state.
What did stand out to me in the guidance was a staunch reminder that when Maryland law enforcement works alongside a federal agent in partnership, those officers remain bound by Maryland law. Such laws are set by our state’s General Assembly and enacted by our governor and include our state’s standards for use of force, body-worn cameras, identification, transparency, discipline and civilian oversight.
Federal agents operate under different rules. Maryland officers do not adopt those federal practices and rules simply because they are on a federal task force. It is helpful to me to be reminded by my counsel that if I or my deputies participate in a federal task force, it in no way changes our obligations to adhere to all our state and local laws that we swore oaths to uphold and follow. And for our lawyer to say, and by the way, here are those specific laws for your review to determine if you are in compliance.
When a Maryland law enforcement agency violates the rights of an individual and breaks a Maryland law, such problems become the attorney general’s problems because he must defend against civil litigation. It is the attorney general’s job to represent the sheriffs and other state law enforcement officers in both state and federal courts. It is also his job to protect against liability to the state treasury, which is funded by Maryland taxpayer dollars. An ounce of prevention is worth a pound of cure, as they say.
I am glad the guidance was issued publicly and transparently. Accountability works best when the public and law enforcement both understand the rules. Communities cannot advocate for legal standards to be upheld that they do not understand, nor can we police to the community standard when the community does not understand what that standard is. Both parties need to be on the same page. That is how public trust is built.
We have all heard the talking point that we should not be worried if we just follow the law. As sheriff of Baltimore City, I believe this also applies to law enforcement executives. I thank the attorney general for reminding us that when we enforce the law, we are obligated to follow it at the same time.
— Sam Cogen, Baltimore
The letter writer is the sheriff of Baltimore City.
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