STATE OF MARYLAND

PAUL B. DeWOLFE

OFFICE OF THE PUBLIC DEFENDER

DISTRICT ONE BALTIMORE CITY
ADMINISTRATION
201 SAINT PAUL PLACE, 5TH FLOOR
BALTIMORE, MARYLAND 21202
Ph. (410) 333-4900
Fax (410) 333-4653
Toll Free: 1 (877) 430-5187

PUBLIC DEFENDER

CHARLES H. DORSEY, III

DEPUTY PUBLIC DEFENDER

ELIZABETH L. JULIAN
DISTRICT PUBLIC DEFENDER

NATALIE FINEGAR
DEPUTY DISTRICT PUBLIC DEFENDER

LAWRENCE J. HOGAN, JR.

GOVERNOR

Maryland Relay 711 or 1-800-735-2258 for callers outside the State of Maryland

Maryland Relay 711 or 1-800-735-2258 for callers outside the State of Maryland

August 26, 2016

Commissioner Kevin Davis

Police Headquarters
601 E. Fayette Street
Baltimore, Maryland 21202
Dear Commissioner Davis,
We recently became aware of the aerial surveillance program being employed by the
Baltimore City Police Department within the Community Support Program. This program
has raised several concerns with the Public Defenders office in our pursuit of Due Process
for our clients. We hope to have in-depth conversations on the use and regulation of any such
future surveillance programs. However, we believe that time is of the essence with current
pending cases. We have requested discovery in all cases in which this surveillance was used
and have been told that we will receive full discovery as soon as the five cases are identified
by the States Attorneys office.
We are requesting that this surveillance program be suspended until such time as
public hearings can be held and a clear avenue of discovery and access to data by defense
attorneys is established. Should the program continue, we further request that no analysis of
aerial surveillance video take place by any member of the Police Department, or any private
contractor at the behest of the Police Department, without prior judicial authorization in the
form of a search warrant or equivalent court order.
In addition we are requesting the following information:
1. A list of all dates and times that surveillance under this program
was conducted.
2. That all data gathered under this program be preserved regardless of
whether the BCPD intends to use or has used it in furtherance of
investigations.
3. A clarification of whether this data is owned by the Baltimore City
Police Department or Persistent Surveillance Systems or any other
private or public entity.
4. The retention protocol for surveillance data.
5. Any policies, regulations or agreements entered into between the
Baltimore City Police Department, Persistent Surveillance Systems
or any other private or public entity regarding the establishment or
operation of this program.
6. Any internal BCPD policies or regulations regarding the
establishment or operation of this program.
7. Any training protocols for civilian or police department employees
with regards to this surveillance program.
8. Any warrants or court orders sought authorizing the analysis of data
Maryland Relay 711 or 1-800-735-2258 for callers outside the State of Maryland

collected by the aerial surveillance program.

9. Any legal authority, relied upon by the Police Department or
Persistent Surveillance Technologies, for the use of the aerial
surveillance technology.
We truly enjoy the open and cordial relationship with have with the Baltimore City
Police Department and we do not intend to cause any disruption in professional engagement.
However, this program and the data retrieved presents huge Fourth Amendment and Due
Process implications for our clients under Brady, Jones and similar constitutional
jurisprudence. Therefore, if we cannot receive this information and be guaranteed of the
cessation of this program until such time as it can be conducted openly with full disclosure in
place, we must pursue remedies in court in an expedited fashion.
If you need any further information or clarification, we are happy to discuss these
requests.
Sincerely,

Natalie A. McKeown Finegar

Deputy District Public Defender
410-333-4900 Ext. 279

Maryland Relay 711 or 1-800-735-2258 for callers outside the State of Maryland