Category: Police Militarization
Sunday Links
Sunday, June 28th, 2009(Yet) Another Isolated Incident
Tuesday, June 23rd, 2009Here’s one from Montgomery County, Maryland:
Kenyan immigrant Nancy Njoroge had been living in the United States for a year when a Montgomery County SWAT team burst into her Gaithersburg apartment at 4 a.m., handcuffed her and her two teenage daughters, and searched her apartment, court records show.
Police found nothing.
The reason: Njoroge lived in No. 202 of her apartment complex. The police had a search warrant for apartment 201.
After rejecting an offer from the county’s claims adjuster of a “couple of movie passes,” the American Civil Liberties Union is suing the county on the family’s behalf for unspecified damages, according to ACLU records filed in court.
The ACLU said the purpose of the lawsuit was to hold the police department accountable for its mistake.
“Officers had but one apartment to locate, in a quiet and well-lit hallway in the dead of night, without distraction and with clearly marked doors and numbers,” ACLU lawyer Fritz Mulhauser said in a letter to the county…
Court records don’t give a clear reason why the police raided the wrong apartment, and the county attorney assigned to the case did not respond to inquiries for the story. But in court records, a SWAT team leader indicated that it was an isolated incident.
The movie passes were a nice touch. The raid actually happened in 2005, but after negotiations with the county failed, the family filed its federal civil rights suit this month.
Another Isolated Incident
Tuesday, June 23rd, 2009Marye Minton, 70, and her 72-year-old husband were awoken early Thursday to officers banging on the door of their home…
Marye Minton said she is upset that the officers came inside and ordered her husband, who is in poor health, onto the ground.
“They said to him, ‘Get on the floor,’ like that, and see my husband’s had four strokes, and he can’t whoop anybody, he can’t do anything,” she said. “I’m very mad and I don’t want it to happen to another citizen.”
Officers were trying to serve a warrant for a man wanted on drug charges. The address listed on the paperwork was 4042. The Minton’s home is 4048, with both house numbers clearly marked.
But Major Mark Robinett of the Marion County Sheriff’s Department, who is in charge of warrant sweeps, said he was told that officers had a difficult time reading the addresses because of overcast skies.
Prince George’s County Sheriff’s Department Clears Its Own Officers of Wrongdoing in Cheye Calvo Raid
Saturday, June 20th, 2009Yesterday, the Prince George’s County Sheriff’s Department announced that its internal review found that its officers did nothing wrong in the SWAT raid on Berwyn Heights, Maryland Mayor Cheye Calvo’s home.
Last summer, officers intercepted a package of marijuana at a delivery service warehouse. Despite the fact that they already knew of a drug distribution network in which dealers were sending packages of marijuana to random addresses with the intent of having them picked up by accomplices working for the delivery companies, the Sheriff’s Department raided Calvo’s just seconds after his mother-in-law brought the package into the house with no investigation into who actually lived there.
Police and county officials have since admitted that Calvo and his family are innocent. But they stubbornly refuse to acknowledge any wrongdoing, such as not doing the least bit of investigation before sending the SWAT team to take down Calvo’s door, not knocking and announcing before entering, or slaughtering Calvo’s two Labrador retrievers.
In fact, Prince George’s County officials have been stunningly callous about it all, at various points praising the officers for their “restraint,” and commenting that everyone involved in the investigation and raid “deserves a pat on the back.”
So the announcement yesterday that the internal review cleared the department isn’t surprising. But Sheriff Michael Jackson’s comments at the accompanying press conference are really something to behold. From the Washington Post:
The findings of the internal review “are consistent with what I’ve felt all along: My deputies did their job to the fullest extent of their abilities”…
In an interview, Jackson reiterated his explanation that a scream by Calvo’s mother-in-law, Georgia Porter, who saw officers in SWAT gear running toward the house, justified the shooting.
Porter “corroborated that she did scream out ‘SWAT.’ She admitted to that, and [Calvo] admitted to hearing that upstairs in the house,” Jackson said. “That threw out the procedure of knocking and announcing, because now [officers were] compromised.”
One dog was shot four times by the front door. Calvo has said his younger dog was running away from officers when it was shot twice, including once in a hind leg. Jackson said deputies thought the dog was running toward another deputy in the home…
“I’m sorry for the loss of their family pets,” Jackson said. “But this is the unfortunate result of the scourge of drugs in our community. Lost in this whole incident was the criminal element. . . . In the sense that we kept these drugs from reaching our streets, this operation was a success.”
First of all, the police intercepted the package at the warehouse. At that point, they had already kept the marijuana inside from “reaching the streets.” Everything that happened next was at the discretion of the officers who carried out the investigation and raid well after the marijuana had already been confiscated, which means they and they alone own the results of the raid.
Second, what happened to Calvo isn’t the “unfortunate result of the scourge of drugs in our community,” it’s the result of a bumbling, overly aggressive, wholly incompetent police department. And it’s the result of a drug warrior mentality that believes invading someone’s home with guns and filling their pets with bullets is an appopriate response to a possible violation of state marijuana laws. The raiding cops didn’t bother to notify the Berwyn Heights police chief before sending in the SWAT team, which would almost certainly have tipped them off to their mistake. They didn’t bother to do any investigation at all of who lived at Calvo’s residence. Their first resort was to use the most overwhelming force possible.
Third, the purpose of a knock-and-announce requirement is to notify a home’s occupants that the police are outside to serve a warrant, and to give them the opportunity to come to the door and prevent the use of force and violence. Jackson’s excuse that officers feared Calvo’s mother-in-law’s scream when she saw men in black running up the lawn tipped off the drug dealers inside doesn’t fly. Because, again, the entire point of the knock-and-announce requirement is to “tip off” occupants that the police are outside.
Finally, Jackson’s comment that “[m]y deputies did their job to the fullest extent of their abilities” may actually be the only accurate thing he said yesterday. Just not in the way he intended.
Massachusetts Suspends Pentagon Giveaways to Local Police Departments
Wednesday, June 17th, 2009
The Boston Globe has been doing some terrific reporting about how small town police departments in Massachusetts have been using the Pentagon’s surplus weapons program to acquire some ridiculously high-powered weaponry. The paper found that 82 police departments across the state have obtained more than 1,000 military-grade weapons over the last 15 years, including…
Police in Wellfleet, a community known for stunning beaches and succulent oysters, scored three military assault rifles. At Salem State College, where recent police calls have included false fire alarms and a goat roaming the campus, school police got two M-16s. In West Springfield, police acquired even more powerful weaponry: two military-issue M-79 grenade launchers.
In response, Massachusetts Gov. Deval Patrick has temporarily suspended the program to investigate.
The thing is, just about any decent-sized newspaper in the country could do a similar investigation. This has been going on since the early 1990s. The program was streamlined in 1997 when Congress created an agency called the Law Enforcement Support Program to facilitate the giveaways. National Journal reported in 2000 that between 1997 and 1999 alone, the office handled 3.4 million orders for military equipment from 11,000 domestic police agencies, and gave away $727 million worth of stuff designed for use in war to be used in American streets and neighborhoods, against American citizens. That included…
"…253 aircraft (including six- and seven-passenger airplanes, and UH-60 Blackhawk and UH-1 Huey helicopters), 7,856 M-16 rifles, 181 grenade launchers, 8,131 bulletproof helmets, and 1,161 pairs of night-vision goggles."
The transfers have only picked up since then. The program is also how Richland County, South Carolina Sheriff Leon Lott acquired his M113A1 armored personnel carrier, which moves on tank-like tracks, and features a belt-fed, turreted machine gun that fires .50-caliber rounds. And he isn’t the only one.
If I may, here’s a passage about the program from Overkill, the 2006 paper on police militarization that I wrote for the Cato Institute:
The city of St. Petersburg, Florida, bought an armored personnel carrier from the Pentagon for just $1,000. The seven police officers of Jasper, Florida—which has all of 2,000 people and hasn’t had a murder in 14 years—were each given a military-grade M-16 machine gun, leading one Florida paper to run the headline, “Three Stoplights, Seven M-16s.” The sheriff’s office in landlocked Boone County, Indiana, was given an amphibious armored personnel carrier...
The New York Times reported in 1999 that the Fresno, California, SWAT team had two helicopters with night-vision goggles and heat sensors, a turret-armed armored personnel carrier, and an armored van…
A retired police chief in New Haven, Connecticut, told the Times in the 1999 article, “I was offered tanks, bazookas, anything I wanted."
In a 1997 60 Minutes segment on the trend toward militarization, the CBS news magazine profiled the Sheriff’s Department of Marion County, Florida, a rural, agricultural area known for its horse farms. Courtesy of the various Pentagon giveaway programs, the county sheriff proudly showed reporter Lesley Stahl the department’s 23 military helicopters, two C-12 luxury executive aircraft …a motor home, several trucks and trailers, a tank, and a “bomb robot.” This, in addition to an arsenal of military-grade assault weapons.
As you can see, there was some media interest in this story about 10 years ago, but it largely died down, particularly after September 11. But the transfers didn’t stop, and neither did the unfortunate trend toward a militaristic mindset that comes with domestic police officers using military equipment and tactics, and being told they’re fighting a "war."
It’s good to see the Globe to revisit this issue, and it’s great that the paper’s investigation seems to have won the attention of Massacusetts’ elected officials. It would be even better if it could attract the attention of some members of Congress, who might stop this ill-considered program once and for all.
Morning Links
Friday, June 12th, 2009Sunday Links
Sunday, June 7th, 2009Morning Links
Friday, June 5th, 2009More Problems in Philly
Tuesday, June 2nd, 2009More allegations of sexual assault during drug raids conducted by members of Philadelphia Officer Jeffrey Cujdik’s rogue narcotics team.
If these were normal citizens, and not cops, they’d have been indicted by now.
Morning Links
Monday, June 1st, 2009Saturday Links/Open Thread
Saturday, May 30th, 2009Small Victories
Wednesday, May 20th, 2009The Maryland SWAT transparency bill was signed into law today.
It’s a start.
Sunday Afternoon Links
Sunday, May 17th, 2009Obama’s Drug Czar Says No More War Rhetoric
Thursday, May 14th, 2009I say this is encouraging, and shouldn’t be dismissed as mere symbolism.
My Reason colleague Jacob Sullum is more skeptical.
Training the Police State’s Next Generation
Thursday, May 14th, 2009
Remember when the Boy Scouts were merely about helping old ladies across the street, learning how to tie a decent knot, and excluding gay people?
The Explorers program, a coeducational affiliate of the Boy Scouts of America that began 60 years ago, is training thousands of young people in skills used to confront terrorism, illegal immigration and escalating border violence — an intense ratcheting up of one of the group’s longtime missions to prepare youths for more traditional jobs as police officers and firefighters.
“This is about being a true-blooded American guy and girl,” said A. J. Lowenthal, a sheriff’s deputy here in Imperial County, whose life clock, he says, is set around the Explorers events he helps run. “It fits right in with the honor and bravery of the Boy Scouts.”
The training, which leaders say is not intended to be applied outside the simulated Explorer setting, can involve chasing down illegal border crossers as well as more dangerous situations that include facing down terrorists and taking out “active shooters,” like those who bring gunfire and death to college campuses. In a simulation here of a raid on a marijuana field, several Explorers were instructed on how to quiet an obstreperous lookout.
“Put him on his face and put a knee in his back,” a Border Patrol agent explained. “I guarantee that he’ll shut up.”
This is really despicable stuff.
Fifth Circuit Says No SWAT Teams for Regulatory Inspections
Monday, May 11th, 2009It’s a "Well gee, you’d hope so" sort of victory, but the U.S. Court of Appeals for the Fifth Circuit has ruled that using a SWAT team to conduct an administrative or regulatory search is a violation of the Fourth Amendment.
The case stems from what was clearly a drug raid conducted on a bar in Louisiana by the Rapides Parrish Sheriff’s Department. But the raid was conducted under the auspices of an alcohol inspection, which allowed the department to get around the need for a criminal search warrant.
The Fifth Circuit ruled such a raid violates the Fourth Amendment, and is allowing a civil rights suit against the officers involved to go forward. From the opinion:
Taking plaintiffs’ factual allegations as true, defendants did not enter Club Retro as would a typical patron; instead, they chose to project official authority by entering with weapons drawn in a S.W.A.T. team raid. They lacked any particularized suspicion or probable cause when they subsequently searched Club Retro, its attic, and the separate apartment and seized and searched all of its patrons and employees. Thus, defendants’ entry and search was not a reasonable acceptance of Club Retro’s invitation to the public. Any other conclusion would be an invitation for S.W.A.T. team raids by law enforcement officers of any business that is open to the public and would severely undermine the Fourth Amendment protections afforded to owners of commercial premises.
We are likewise not convinced by defendants’ second argument that they conducted a permissible administrative inspection. Although Louisiana statutes and Rapides Parish ordinances authorizing administrative inspections may have provided justification for an entry and inspection of Club Retro, no such law permits the scope and manner of the raid that plaintiffs allege occurred here…
Administrative inspections, by their very nature, require more limited, less intrusive conduct than is alleged to have occurred here. We thus conclude that defendants’ S.W.A.T. team entries and extensive searches, as described in the amended complaint, unreasonably exceeded the scope of Louisiana and Rapides Parish administrative inspection laws. Any other conclusion would allow the administrative inspection exception to swallow the Fourth Amendment’s warrant requirement for searches of private property.
The court also cited a similar opinion from the 11th Circuit:
In Swint v. City of Wadley, 51 F.3d 988 (11th Cir. 1995), the Eleventh Circuit relied on existing Supreme Court precedent to reject qualified immunity as a defense for officers who conducted two raids of a nightclub that were comparable in relevant respects to the raid here. There, a S.W.A.T. team of thirty to forty officers, wearing ski masks, swarmed a club after receiving a signal from an undercover officer who had probable cause to arrest one patron for an illegal drug transaction. Id. at 993. The officers pointed their weapons at many of the club’s patrons and employees; prohibited the owners, employees, and patrons from moving or leaving; searched all individuals; refused patrons’ and employees’ requests to use the restrooms; searched the club, its cash registers, and door receipts; and maintained control of the premises and persons for between one and one and one-half hours. Id. The court concluded that the officers could point to "no authority that even suggests that the search and seizure of one suspect in a public place can be bootstrapped into probable cause for a broad-based search of the business establishment and its patrons."
For a few years now, I’ve been covering the ongoing saga of David Ruttenberg, a former pool hall owner in Virginia whose business was raided by a massive police force in 2004. The mix of SWAT, undercover, and uniformed officers stormed Ruttenberg’s bar on ladies’ night. Like the cases above, the search on Ruttenberg’s bar was also clearly a criminal search disguised as an alcohol inspection, though in Ruttenberg’s case, it was really only one of numerous violations of his civil rights by the police and political establishment in Manassas Park, Virginia. The police had tried to obtain a search warrant against Ruttenberg for the 2004 raid, but couldn’t convince a judge they had probable cause he’d committed a crime. So the merely brought along some representatives from the Virginia Alcohol Beverage Control, and called it an inspection.
So far, Ruttenberg hasn’t had much luck in his own federal civil rights suit. His case was rejected outright the first time he appeared in federal court. Last July, the U.S. Court of Appeals for the Fourth Circuit gave Ruttenberg a small glimmer of hope, affirming the lower court’s dismissal of every claim, save for one—that the use of SWAT tactics to enforce a regulatory inspection was a violation of the Fourth Amendment. Last month, the same circuit court judge once again threw out that claim, too.
But Ruttenberg is appealing, and given how the similar the facts are to his own case, one would think this latest ruling from the Fifth Circuit could only help his cause. If it doesn’t, the split between the Fifth Circuit and the Fourth and 11th Circuits would seem to make the case ripe for the Supreme Court.
It’s pretty remarkable that we’re even discussing this. We’re talking about using SWAT teams to conduct regulatory inspections on businesses. That there would even be a debate shows just how tolerant we’ve become of the government using this sort of force.
Here’s surveillance video of the raid on Ruttenberg’s bar. Keep in mind, this was done other the auspices of an alcohol inspection. And a federal judge has now twice ruled that he sees nothing excessive about it.
Morning Links
Monday, May 11th, 2009Another Isolated Incident
Thursday, May 7th, 2009Police raid the wrong house in Baltimore. Weeks later, the guy still can’t get the city to repair his door. Their explanation is that because the address written on the warrant is the address the police raided, there was no mistake. Even though the guy they were actually after lived and was eventually arrested two doors down.
Ah, but it gets worse. If it’s not the cops, it’s the bureaucrats. The guy stored his old door in his backyard, hoping the city would eventually repair it. When it became clear that wasn’t going to happen, he called the city’s special trash pick-up to come and get it. They never did. But a city code inspector did come, and fined the guy $50 for having a broken door in his backyard.
TheAgitator.com
