Interior Unveils Law Enforcement Accountability Policies to Advance Transparency
A set of new policies launched by the Department of the Interior (DOI) earlier this week requires all federal law enforcement officers within the Department to wear body cameras, establishes an updated use of force policy, and establishes a limited use of no knock warrant policy. According to the department, the updates are part of a series of steps taken to comply with President Biden's Executive Order (E.O. 14074) on law enforcement accountability.
These policies will apply to approximately 3,100 permanent officers at Interior across the Bureau of Indian Affairs (BIA), the Bureau of Land Management (BLM), the Fish and Wildlife Service (FWS), and the National Park Service (NPS).
Among the policies is a restriction on the use of “no-knock” warrants, which allow law enforcement agents to enter a home without revealing themselves. DOI now mandates all officers under its jurisdiction to knock and announce themselves before executing a search warrant, except in cases where announcing the presence of federal officers would pose an imminent threat of physical violence to an agent or another person, the Interior Department said. Agents must also obtain approval from supervisors and federal prosecutors before seeking judicial authorization to enact a no-knock warrant.
“Every single day across the country, the Interior Department’s law enforcement officers risk their lives to safeguard our communities, public lands and waters, and critical resources. In reforming policing practices, the Department is helping strengthen the unique connection that law enforcement officers have with the communities that they serve and move the nation forward towards community-focused law enforcement,” said Deputy Secretary Tommy Beaudreau.
Interior also provided clarifications on guidelines on use of force incidents that comply with Justice Department policies. Further, the policy imposes a ban on carotid restraints and chokeholds, except when deadly force has been authorized. Law enforcement agencies are also required to report on the number of uses of force incidents.
An update to the DOI manual states that all officers in the Interior Department who patrol the public or interact with the public must wear body cameras. It also specifies the department's intention to release video footage as soon as possible following an incident that results in serious injury or death. At the earliest possible opportunity of an interaction, officers or agents should activate body-worn cameras, recording as much detail as possible, starting with their decision to engage an individual or vehicle. The policy states that the camera should remain on until the event is over.
In accordance with this policy, DOI “will strive to expedite the public release” of footage related to “serious bodily injury or death in order to promote transparency and accountability.”
The Federal Law Enforcement Officers Association (FLEOA), an advocate of body worn cameras as means of protection for law enforcement officers and those they serve, previously addressed the positives as well as some concerns with the implementation. In testimony before the House Subcommittee on Oversight and Investigations, FLEOA National President Larry Cosme stated that body-worn cameras are an effective tool in safeguarding officers as well as the individuals with whom they interact. However, Cosme raised to the Committee that the Department continues to struggle to implement radio communications due to a lack of funding. Cosme noted that widespread deployment of body cameras may be similarly stunted without adequate investment.
While the 2022 appropriations bill may have addressed the funding issue, the department still suffers from a faulty field communication, which means that radio traffic is either incomplete or nonexistent prior to, during, or after incidents.
Earlier this year, the DOI Law Enforcement Task Force conducted 12 listening sessions with stakeholders and the public regarding its objectives.