From Judge Stephanie Gallagher's opinion Thursday in Cottman v. Baltimore Police Dep't:
The following facts are assumed to be true for purposes of adjudicating Defendants' motions. The Amended Complaint alleges that the BPD engages in a "pattern and practice of unconstitutionally searching, seizing, retaining, and destroying the personal property of victims of violent crimes in Baltimore" in violation of the Fourth … and Fourteenth Amendments to the United States Constitution….
Plaintiff Faye Cottman alleges that a stranger shot her and her 11-year-old son at a playground near the Cherry Hill neighborhood in Baltimore on March 14, 2019. While she was in a disoriented state, Defendant Officer Destinee Macklin seized her jacket, phone, wig, and shoes without her consent. At some point thereafter, Defendant Macklin and/or other unnamed BPD officers illegally searched Ms. Cottman's phone without her consent or a warrant.
In a subsequent conversation at the hospital, Defendant Macklin told Ms. Cottman that her phone was evidence, even though Ms. Cottman told Defendant Macklin that she had no prior relationship with the shooter and had never seen the shooter before. In September, 2019, the Baltimore City Circuit Court found the shooter not criminally responsible, committed her to a psychiatric institution, and closed the case. In May, 2020, Defendant Macklin was contacted regarding Ms. Cottman's property. After initially agreeing to return it, Defendant Macklin did not respond to further attempts to contact her, and Ms. Cottman's property remains in BPD custody.
On March 20, 2020, Plaintiff Amber Spencer attended a cookout to celebrate her boyfriend's birthday, where she was shot by a stranger. While at the hospital, Defendant Officer Jeffrey Converse seized Ms. Spencer's cell phone, jeans, shirt, shoes, and approximately $400 in cash. Someone from the BPD also seized the key to her car. When Ms. Spencer later contacted Defendant Converse, he stated that he was unable to return her property, and that she could retrieve her property once the State of Maryland and the City of Baltimore entered "Phase 3" of the COVID-19 recovery. Ms. Spencer's property remains in BPD custody.
