DC police captain cites bodycam footage of officers not making arrests, sparking backlash

A political firestorm erupted this week after a Washington, D.C., internal police email appeared to reprimand rank-and-file officers for body camera footage allegedly showing them “finess[ing]” their way out of making arrests on reasonable grounds.

The news comes as the Trump administration cracks down on crime in the District of Columbia at the federal level. While crime rates have steadily declined from a peak in 2023, the nation’s capital continues to suffer per-capita violent crime at higher rates than the national average, according to FBI data.

The Metropolitan Police Department confirmed to Fox News Digital that its brass had rescinded an email sent by the captain for Sector 2 of the Sixth Police District, which covers areas north of Marion Barry Avenue and east of the John Philip Sousa Bridge.

“We are seeing more and more BWCs [body-worn cameras] where officers are not making arrests where probable cause or RAS [reasonable amount of suspicion] is apparent. This is leading to complaints to IAD (internal affairs division) and OPC, and it is also leaving victims and complainants unprotected by the police,” wrote Capt. Jerome Merrill.

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Merrill’s letter, first obtained by Washington’s CBS affiliate, said the situation is getting many police officials in trouble for failing to recognize or correct classifications of interactions with the public.

“Please do not try and finesse your way out of an arrest it is not worth the consequences I assure you,” the memo said, urging police to make arrests or apply for warrants before detectives need to follow up on them.

The department told Fox News Digital the information in the email was “incorrect” and that MPD is investigating.

Asked about the situation and whether arrests can be made on reasonable suspicion in any context, former Supreme Court Chief of Police Ross Swope told Fox News Digital that the distinction is “not only typical of most departments, it is the law.”

Swope, who served for decades with the MPD and later wrote texts on police ethics and internal operations, said probable cause requires more than reasonable suspicion.

“It requires a higher degree of certainty,” he said. “[Probable cause] is when the facts and circumstances within an officer’s knowledge would lead a reasonable person to believe that a crime has been committed for which a summary arrest may be permitted.”

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He said Merrill may have viewed body cams and believed in his own view that arrests should have been made, but that he was wrong to instruct officers to make arrests based solely on reasonable suspicion.

Fox News Digital also reached out to the D.C. Police Union for comment but did not receive a response.

But Union President Gregg Pemberton told the CBS affiliate after the fact that he essentially, independently, agreed with Swope.

“The Union has reviewed Captain Merrill’s email and determined that the reason that our members are not making arrests based on reasonable articulable suspicion is because that’s illegal,” Pemberton told the outlet.

“We would expect a captain of a police patrol district to know that, but unfortunately, this command staff official has proven himself uninformed and incapable of managing police operations in the District of Columbia,” he added.