Archive for the 'Police Militarization' Category

Professional Courtesy

Friday, December 30th, 2011

Good on Sgt. Parker, as well as the cops who treated him as if he were anyone else.

But it’s unfortunate, and telling, that he’d feel compelled to send this email.

A Maine State Police sergeant accused of drunken driving has asked his law enforcement colleagues not to retaliate against other officers in the department for arresting him.

Sgt. Robin Parker of Sanford, an instructor at the Maine Criminal Justice Academy, was arrested Dec. 18 on the Maine Turnpike near the New Gloucester toll plaza, according to a previous report in the Bangor Daily News. Parker is on paid administrative leave. Last week, Parker sent a mass email to members of the law enforcement community taking responsibility for the charge against him and asking his colleagues not to blame the officers involved in arresting him. Parker was not specific about what, if anything, has taken place.

“What I have done to my family, friends and our State Police family has saddened me deeply,” wrote Parker, according to a copy of his letter provided to the Bangor Daily News anonymously. “There is one other thing that has saddened me and that is what I’m hearing around the department. I understand that there are many that are very upset that I was processed by our own and perhaps not ‘treated differently.’ Although this anger may stem from a respect and appreciation for me as a person and Trooper, they are not healthy.”

Parker said the troopers involved in arresting him were the “professionals that we all strive to be.”

Morning Links

Friday, December 30th, 2011

Another Isolated Incident

Tuesday, December 27th, 2011

This is what 54-year-old Tomas Torres looked like after Connecticut State Police served a drug warrant on his home. From the New Haven Independent:

A state police raid on a Winthrop Avenue apartment netted no drugs or arrests—but it left Tomas Torres hospitalized and his apartment in tatters.

Torres, who’s 54, said state cops broke down the door of his first-floor Winthrop Avenue apartment Wednesday afternoon, punched him in the face, stomped on his head, and then laughed at him as they tossed his apartment looking for drugs.

Police said he tried to jump out the window, then resisted their efforts to detain and handcuff him.

They had the wrong guy, said Torres. The police found nothing in his apartment and released him to go to the hospital, where he said he was told he has a fractured arm, he said.

Here comes the comedy.

Lt. J. Paul Vance, spokesman for the state police, said he had no record of state police action anywhere in New Haven on Wednesday. That doesn’t mean that a search warrant wasn’t executed, he said. He’d have a record if an arrest were made, he said.

“That sounds a little suspect right off the bat,” Vance said when told of Torres’ complaints. “We don’t beat people up as a regular course of business.”

The Independent wryly links the second part of Vance’s quote to this story, about another Connecticut state drug cop who recently beat someone up.

“I know that the task force had a lawful search and seizure warrant for that apartment,” [police spokesman] Hoffman said. He said he wasn’t present at the police action. Cops have to convince a judge that they have evidence that drugs are being sold at a location in order to obtain a warrant.

Hoffman said Torres tried to jump out the window when police showed up. Then he resisted detention when police pulled him back in, he said.

Cops always knock and announce when they execute warrants; Torres must have known police were at the door, Hoffman argued.

Police did not charge Torres with any offense . . .

“They way that guy was, they didn’t need to go that far,” said someone with knowledge of the incident. “They had enough guys. They must have had at least seven. I’m talking about big guys, husky, [handling] an old man. Even the short guy [the state cop Torres said hit him]—he was stocky.”

Here’s Torres’ account:

He was cooking pasteles and watching “Caso Cerrado” on TV when he heard someone pounding on his door.

Torres thought it was the crack dealers or users who sometimes hang out in the hallway of the building along with prostitutes. He said he keeps a pool stick behind the door to protect himself because he’s worried for his safety with the dealers hanging around.

He asked who was there. No answer.

Torres looked out the window and saw cop cars. As he moved to the door, it flew open and cops poured in. Someone punched him in the face. They shoved him to the ground. One state cop, a short man, ground his boot into Torres’ face as he lay on the floor.

The cops kept asking him, “Where are the drugs?” Torres said he didn’t have any drugs.

The cops put Torres in a chair and handcuffed him, still asking where the drugs were. They laughed as they teased a cop who had gotten Torres’ blood on his jeans.

The cops started claiming they had fought with him because he had the pool stick nearby and it posed a threat to their safety . . .

His sister, who lives nearby, expressed outrage at the incident.

“He’s a human,” she said. “Not an animal.”

Well, no. He is—or at least was—a drug suspect. That probably does give him more rights than animals, who are summarily executed in these raids. But it still puts him far short of “human.”

Thanks to Mike Magnus for the link.

(Photo credits to the Independent.)

Totally Justifies the SWAT Team Gun-Toting Raid*

Thursday, December 22nd, 2011

Andrew Grossman has more on the case against Gibson Guitars:

Gibson’s crime, according to an affidavit supporting the search warrant, was the illegal importation of Indian-grown ebony veneers, intended for use as fret boards. A hardwood prized for its appearance and durability, ebony is sustainably raised by certified growers, and Indian law doesn’t bar its harvesting or export. What Indian law does require is that ebony veneers be finished within the country, by local labor, to a thickness of less than 6 millimeters. Gibson’s wood, it happens, was a bit thicker — nearly a full centimeter.

On that basis, U.S. Fish and Wildlife Service agents invaded Gibson’s facilities, bringing its operations to a standstill.

(*A commenter correctly points out that this was a raid by armed federal agents, but not a SWAT team.)

The Daily Beast, Center for Investigative Reporting Take On Police Militarization

Wednesday, December 21st, 2011

The Daily Beast and the Center for Investigative Journalism have put out a new report on police militarization, focusing primarily on police departments stockpiling battle gear in the decade since 9/11. There’s some great reporting here, particularly on the absurd Homeland Security outlays to states and police departments across the country. There’s also a cool interactive map. (I love that the feds gave Oklahoma $2 million for port security.)

And while it’s great to see this issue get more coverage, I do have a couple quibbles. First and foremost, there’s no mention at all of the drug war’s role in all of this. The report does give a few examples of botched drug raids carried out by tactical teams sporting military gear (the Jose Guerena and Cheye Calvo raids in particular). But other than briefly noting that those raids were part of drug investigations, the report never revisits the drug war.

It seems odd to leave the drug war out entirely. It’s true that homeland security spending has accelerated the move toward militarization. But things were already moving pretty quickly in that direction. And that’s because of the drug war. The militarization trend began a good 20 years before September 11, when the Reagan administration ramped up the war on drugs both with rhetoric and with specific policies. By 9/11, SWAT teams had already saturated the country, and the number of annual paramilitary raids had soared (from 3,000 in the early 1980s to about 40,000 by the early 2001). And also by 9/11, millions of pieces of military equipment had already been transferred from the Pentagon to local police departments across the country by way of the Defense Department’s surplus giveaway program.

A few more stats, courtesy of criminologist Peter Kraska:

  • In the early 1980s, the average city deployed a SWAT team once per month. By 1995, it was seven times per month.
  • In the mid-1980s, less than half of U.S. cities with 50,000 or more people had a SWAT team. By 1997, more than 90 percent had one.
  • Between 1985 and 1996, the number of towns between 25,000 and 50,000 people with a SWAT team increased by 157 percent.

The other reason why the drug war is a critical component of this issue is actually contained in The Daily Beast piece, though you have to look for it. DHS gives out these grants, and local police departments justify all this gear, as part of the war on terror. But as the piece indicates, it’s rather unlikely that Fargo will ever face the sort of Mumbai-style terror attack defenders of these policies say shows why all the battle gear is necessary.

But of course now you have all this stuff. You might as well use it. And so it gets used for far more mundane police operations. Chief among these is the service of drug warrants. (See Calvo.) Using all that cool gear on drug raids is further incentivized by federal anti-drug grants and the possibility of asset forfeiture lucre, whereas keeping the gear idle until there’s an actual terrorist attack or school shooting can get expensive.  (Most of this stuff needs to be maintained.) Let’s also not forget that since 9/11, the federal government has gone to great pains to tie drug use and drug distribution to terrorism. Such is why the feds will take a SWAT team to raid a medical marijuana clinic without much pushback. The clinic poses no threat, to the agents or anyone else. You could send a couple bureaucrats with clipboards to shut these down (or you could not shut them down at all!). It’s insane overkill. But we’ve so come to associate SWAT teams with drug raids, the disproportionate use of force barely registers with most of the public. Which is why we’re now seeing SWAT teams used to raid neighborhood poker games, suspected cockfighters, even for regulatory inspections.

The article also quotes and leave unchecked statements from law enforcement officials about criminals armed with war-like weapons, citing school shootings like Virginia Tech, and everyone’s favorite “the criminals have us outgunned” anecdote, the 1997 North Hollywood shootout. I’ve already addressed these arguments in the past (two examples here and here). And in 2007, I asked former LAPD narcotics detective David Doddridge about all of these heavily armed drug dealers:

RB: Police groups say that drug dealers are armed to the teeth. Heavily-armed, military-style SWAT teams are necessary to counter this high-powered weaponry.

Doddridge: I’ve heard that. And it’s just not true. In 21 years at LAPD, I never once saw any assault weapons on a drug raid. Drug dealers prefer handguns, which are easier to conceal. Occasionally you’ll find a shotgun. But having a bunch of high-powered weaponry around is just too much trouble for them. It’s too much for them to worry about.

I’m sure the sentiment isn’t unanimous, but an awful lot of cops I’ve talked to agree.

You could certainly argue that potential terrorists and school shooters are much more likely to be heavily armed. Which is why those are exactly the sorts of situations where SWAT teams are appropriate. But that doesn’t mean such once in a lifetime events justify handing out tanks and APVs to Fargo and Fon du Lac. Prolonged, Mumbai/Beslan/Columbine style attacks are  (a) extremely rare, and (b) not how this equipment is used in the vast, vast majority of police agencies across the country. (The SWAT team did show up at Columbine, but they didn’t go in. They determined the scene inside the school was too dangerous.)

Since I’ve spent the bulk of this post poking at the report, I’ll just conclude by emphasizing that this is still really excellent stuff. Andrew Becker and G.W. Schulz have added a wealth of important information to this issue. The grant distribution information in particular is really great, and something I’ve been trying to pry out of DHS for about a year. So an envious tip of my journalistic cap to them on that. Learning to navigate over, around, under, and through the FOIA gatekeepers can be a hell of a challenge.

Morning Links

Wednesday, December 21st, 2011

Late Morning Links

Tuesday, December 20th, 2011

Morning Links

Wednesday, December 14th, 2011

Morning Links

Tuesday, December 13th, 2011
  • Another example of how when police know a suspect is actually armed and dangerous, they find other ways to apprehend them than to send in the SWAT team while the suspect is sleeping.
  • America’s is losing its faith in government. If this brings some skepticism about giving government ever-more power (though it likely won’t), it’s a good thing. But it also means government is failing at its most basic and fundamental obligations.
  • Mark Hemingway on how the fact-checking trend in journalism has evolved into a way for journalists to simply validate their own opinions.
  • The Supreme Court may be on its way to authorizing medical patents. Tim Lee explains why this is something to worry about.
  • Alabama: Where it’s illegal to brew your own beer, but it’s perfectly fine to drink while you’re serving on the jury in a death penalty case.
  • The latest in the Michael Mermel saga: An Illinois court has reversed the conviction of Juan Rivera, the subject of the New York Times piece that led to prosecutor Mermel’s resignation.

Sunday Links

Sunday, December 11th, 2011