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Police Canine Deployment Policy

At a glance

  • What: A resolution by Councilmember Kesarwani to rescind Resolution No. 51,408-N.S., which restricted Berkeley Police Department use of helicopters and police canine units, and to let the department request and deploy them through mutual aid agreements with outside agencies.
  • Where it stands: On July 14, 2026 Council adopted Resolution No. 72,399-N.S. as amended by Mayor Ishii and Councilmember Blackaby, after 58 speakers. Parts of the resolution were severed for separate votes: the helicopter part passed 7-1 with one abstention, and the canine part passed 5-4.
  • Next: Related items on tear gas and pepper spray were postponed to September 15, 2026 (see Tear Gas Use Policy). Annual public reporting to Council and the Police Accountability Board is part of the policy.

Detail

  • Item 23a, reviewed by the Public Safety Policy Committee, which sent it to Council with a Qualified Positive recommendation: clarify Section 3(a) on the purposes for which a canine team may be deployed, and attach the Police Accountability Board's communication to the item.
  • As proposed, mutual aid requests for air support need pre-deployment approval by the Watch Commander or designee, followed by notification to the City Manager, full incident documentation, and annual public reporting to Council and the Police Accountability Board. Canines stay prohibited for crowd control, with added categorical bans for low-level offenses.
  • Before the item, Council voted to suspend the rules and extend the meeting to 11:15 p.m. (Kesarwani/Humbert, all ayes).
  • Motion (Humbert/Kesarwani): adopt Resolution No. 72,399-N.S. as submitted by Kesarwani and amended by Mayor Ishii and Councilmember Blackaby. The amended wording lets the department request canine teams from external agencies only as follows:
    • Suspect apprehension is allowed when the suspect is wanted for a violent felony; there is reasonable belief the suspect has a deadly weapon likely to cause serious bodily injury; the suspect is wanted in connection with a residential burglary in progress; or the deployment supports service of a warrant on someone wanted for a violent felony or with a documented history of violent offenses, firearms, felony evasion or physical assault on law enforcement.
    • Non-apprehension uses are limited to locating crime scenes or physical evidence, locating missing persons, and detecting explosives.
    • Canine teams may not be deployed for infractions; misdemeanors not involving a deadly weapon likely to cause serious bodily injury; flight from an officer without independent justification; thefts that escalate to robbery only through a suspect's resistance; stolen vehicle incidents with a named suspect or that are civil in nature; homeless encampment abatements; or crowd control.
  • Severed vote on the helicopter portion (part 3 of the Resolved clause and related references): Ayes - Kesarwani, Taplin, Bartlett, O'Keefe, Blackaby, Humbert, Ishii; Noes - Lunaparra; Abstain - Tregub.
  • Severed vote on the canine portion (part 2 of the Resolved clause and related references): Ayes - Kesarwani, Taplin, O'Keefe, Blackaby, Humbert; Noes - Bartlett, Tregub, Lunaparra, Ishii.
  • The minutes do not separately record an overall vote on the main motion; the resolution number was assigned.
  • Written material came from the Police Accountability Board and from members of the public; the communications list shows many residents wrote on Items 23a to 24b.
  • Related: item 23b, the Peace and Justice Commission's policy on controlled weapons (retain bans on chemical weapons, police dogs and helicopters), was taken up in the same block; Council voted to take no action on it (Kesarwani/Humbert, all ayes).

Sources

Log

2026-07-14 - City Council (regular)

Resolution No. 72,399-N.S. adopted as amended; helicopter portion 7-1-1, canine portion 5-4. Item 23b taken as no action.