Leaders of a Beautiful Struggle v. Baltimore Police Department
What's at Stake
The American Civil Liberties Union (ACLU) and ACLU of Maryland filed a lawsuit against the Baltimore Police Department (BPD) to challenge the constitutionality of deploying a wide-area aerial surveillance program that will put virtually all Baltimore residents under constant, aerial surveillance.
Summary
UPDATE 2/17/22: The Plaintiffs in this suit reached a strong settlement with the Baltimore Police Department (BPD) following the Fourth Circuit Court of Appeals’ ruling finding the BPD’s pilot aerial surveillance program unconstitutional. The settlement terms block the city from implementing a similar surveillance program in the future, and prohibit the BPD from accessing data collected through the program, except in connection with existing prosecutions or to provide discovery to criminal defendants. The settlement also ensures that the BPD will destroy its collected records from the program, consistent with the rights of criminal defendants to obtain discovery about the surveillance.
In the lawsuit, the ACLU argues this surveillance system presents a threat to our individual right to privacy and free association under the First and Fourth Amendments, respectively. The legal team is seeking an injunction blocking the operation of this aerial surveillance program. The suit was filed on behalf of Leaders of a Beautiful Struggle, grassroots think tank that advances the public policy interests of Black people in Baltimore, Erricka Bridgeford, co-founder of the Baltimore Ceasefire 365 project, and Kevin James, a community organizer and hip-hop musician.
The BPD has contracted with a private company, Persistent Surveillance Systems (PSS), to pilot this “Aerial Investigation Research” program. PSS’ high-resolution, camera-equipped planes will fly over the entire city of Baltimore at least 40 hours a week. The cameras create a slow frame rate video record of everywhere that anyone goes, allowing police to retroactively track a person’s movements from any place or time. The pilot program is set to begin in April 2020 for a trial period of 180 days.
This aerial surveillance technology can be easily combined with the BPD’s existing ground cameras, license plate readers, and other sensors to tie data together and provide highly detailed information about residents’ identities and activities. The BPD has stated the program’s intended purpose is to aid in solving criminal investigations, however, government officials have a history of secretly using similar technology for other purposes — including to surveil Black Lives Matter protests in Baltimore in recent years.
Legal Documents
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02/14/2022
Joint Motion for Entry of Agreed Orders of Expungement and Dismissal -
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02/14/2022
Settlement Agreement and Release -
02/14/2022
Proposed Order for Expungement of Records -
02/14/2022
Proposed Dismissal Order
Settlement Agreement and ReleaseDate Filed: 02/14/2022
Court: District Court (D. Md.) II
Affiliate: Maryland
Download DocumentProposed Order for Expungement of RecordsDate Filed: 02/14/2022
Court: District Court (D. Md.) II
Affiliate: Maryland
Download DocumentProposed Dismissal OrderDate Filed: 02/14/2022
Court: District Court (D. Md.) II
Affiliate: Maryland
Download Document -
02/14/2022
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02/17/2022
Order for Expungement of Records -
02/17/2022
Agreed Order of Dismissal
Date Filed: 02/14/2022
Court: District Court (D. Md.) II
Affiliate: Maryland
Download DocumentDate Filed: 02/17/2022
Court: District Court (D. Md.) II
Affiliate: Maryland
Download DocumentDate Filed: 02/17/2022
Court: District Court (D. Md.) II
Affiliate: Maryland
Download Document-
04/30/2020
Appeal Brief of Plaintiffs–Appellants -
04/30/2020
Joint Appendix -
06/01/2020
Appellees' Brief -
06/05/2020
Reply Brief for Plaintiffs–Appellants -
11/05/2020
Opinion -
11/19/2020
Petition for Rehearing En Banc -
11/27/2020
Amicus Briefs in Support of Petition for Rehearing En Banc -
- NAACP Legal Defense & Educational Fund
- Electronic Frontier Foundation, et al.
- Georgetown Law Center on Privacy & Technology
- NYU Law Policing Project
NAACP Legal Defense & Educational FundDate Filed: 11/25/2020
Court: Appeals Court (4th Cir.)
Affiliate: Maryland
Download DocumentElectronic Frontier Foundation, et al.Date Filed: 11/25/2020
Court: Appeals Court (4th Cir.)
Affiliate: Maryland
Download DocumentGeorgetown Law Center on Privacy & TechnologyDate Filed: 11/27/2020
Court: Appeals Court (4th Cir.)
Affiliate: Maryland
Download DocumentNYU Law Policing ProjectDate Filed: 11/27/2020
Court: Appeals Court (4th Cir.)
Affiliate: Maryland
Download Document -
12/06/2020
Appellees' Response in Opposition to Petition for Rehearing En Banc -
02/04/2021
Appellees' Motion to Dismiss the Appeal as Moot -
02/08/2021
Appellants' Opposition to Motion to Dismiss Appeal as Moot -
02/10/2021
Appellees' Reply in Further Support of Motion to Dismiss Appeal as Moot -
06/24/2021
Opinion
Date Filed: 04/30/2020
Court: Appeals Court (4th Cir.)
Affiliate: Maryland
Download DocumentDate Filed: 04/30/2020
Court: Appeals Court (4th Cir.)
Affiliate: Maryland
Download DocumentDate Filed: 06/01/2020
Court: Appeals Court (4th Cir.)
Affiliate: Maryland
Download DocumentDate Filed: 06/05/2020
Court: Appeals Court (4th Cir.)
Affiliate: Maryland
Download DocumentDate Filed: 11/05/2020
Court: Appeals Court (4th Cir.)
Affiliate: Maryland
Download DocumentDate Filed: 11/19/2020
Court: Appeals Court (4th Cir.)
Affiliate: Maryland
Download DocumentDate Filed: 12/06/2020
Court: Appeals Court (4th Cir.)
Affiliate: Maryland
Download DocumentDate Filed: 02/04/2021
Court: Appeals Court (4th Cir.)
Affiliate: Maryland
Download DocumentDate Filed: 02/08/2021
Court: Appeals Court (4th Cir.)
Affiliate: Maryland
Download DocumentDate Filed: 02/10/2021
Court: Appeals Court (4th Cir.)
Affiliate: Maryland
Download DocumentDate Filed: 06/24/2021
Court: Appeals Court (4th Cir.)
Affiliate: Maryland
Download Document-
04/09/2020
Complaint -
04/09/2020
Plaintiffs' Motion TRO/PI -
04/09/2020
Plaintiffs' Memorandum of Law -
04/09/2020
Declaration of Dayvon Love (Leaders of Beautiful Struggle) -
04/09/2020
Declaration of Erricka Bridgeford -
04/09/2020
Declaration of Kevin James -
04/15/2020
BPD Response in Opposition to Motion -
04/17/2020
Plaintiffs' Reply Memorandum of Law in Support of Motion for TRO/PI -
04/24/2020
Opinion
Date Filed: 04/09/2020
Court: District Court (D. Md.)
Affiliate: Maryland
Download DocumentDate Filed: 04/09/2020
Court: District Court (D. Md.)
Affiliate: Maryland
Download DocumentDate Filed: 04/09/2020
Court: District Court (D. Md.)
Affiliate: Maryland
Download DocumentDate Filed: 04/09/2020
Court: District Court (D. Md.)
Affiliate: Maryland
Download DocumentDate Filed: 04/09/2020
Court: District Court (D. Md.)
Affiliate: Maryland
Download DocumentDate Filed: 04/09/2020
Court: District Court (D. Md.)
Affiliate: Maryland
Download DocumentDate Filed: 04/15/2020
Court: District Court (D. Md.)
Affiliate: Maryland
Download DocumentDate Filed: 04/17/2020
Court: District Court (D. Md.)
Affiliate: Maryland
Download DocumentPress Releases
Federal Appeals Court Rules Baltimore Aerial Surveillance Program is Unconstitutional
ACLU Comment on Federal Appeals Court Decision in Aerial Surveillance Case in Baltimore
ACLU Comment on Federal Court Decision on Pilot Aerial Surveillance Case in Baltimore
ACLU Challenges Pilot Aerial Surveillance Program in Baltimore