Tag: police militarization

NYT Report on Paramilitary Drug Raids

The New York Times has a special investigative report about the militaristic drug raids that are now happening every day in the United States. 

Here is an excerpt:

As policing has militarized to fight a faltering war on drugs, few tactics have proved as dangerous as the use of forcible-entry raids to serve narcotics search warrants, which regularly introduce staggering levels of violence into missions that might be accomplished through patient stakeouts or simple knocks at the door.

Thousands of times a year, these “dynamic entry” raids exploit the element of surprise to effect seizures and arrests of neighborhood drug dealers. But they have also led time and again to avoidable deaths, gruesome injuries, demolished property, enduring trauma, blackened reputations and multimillion-dollar legal settlements at taxpayer expense, an investigation by The New York Times found.

For the most part, governments at all levels have chosen not to quantify the toll by requiring reporting on SWAT operations. But The Times’s investigation, which relied on dozens of open-record requests and thousands of pages from police and court files, found that at least 81 civilians and 13 law enforcement officers died in such raids from 2010 through 2016. Scores of others were maimed or wounded.

It’s terrific reporting that covers so many of the problems: the unnecessary violence, the dilution of constitutional safeguards, the flimsy police investigative work, the cover-ups when things go bad, and the lawsuits that will ultimately burden taxpayers.

Cato has been sounding the alarm on this trend since 1999, with the publication of “Warrior Cops.” That was followed by Radley Balko’s study, “Overkill,” and there have been countless events, media appearances, opinion articles, and book chapters since. Indeed, one of the NYT’s own reporters, Matt Apuzzo, acknowledged a few years ago that “the criticism of the so-called militarization of police has largely come from libertarian quarters for several years. They have kind of been the lone voice on this, folks like the Cato institute.” 

For related Cato scholarship, go here.

54% of Americans Say Police Using Military Weapons “Goes Too Far”

A majority of Americans (54%) say that police departments using military weapons and armored vehicles “goes too far.” Another 46% believe that police using military equipment is “necessary for law enforcement purposes,” according to a new Cato Institute/YouGov survey of 2,000 Americans.

Find the full public opinion report here.

Although Americans of different races and ethnicities vary widely in their perceptions of the police, majorities of whites (53%), blacks (58%), and Latinos (51%) all believe police using military equipment is excessive.

Police militarization divides partisans. Sixty percent (60%) of both Democrats and independents think that police using military equipment “goes too far” and 40% think it is necessary. In stark contrast, 65% of Republicans think police need to use military equipment while 35% think it’s unnecessary. Support for police militarization comes disproportionately from the “strong Republican” wing of the GOP with 71% in support, compared to 57% who agree among “not very strong” Republicans.

Reading the Tea Leaves of Police Militarization

What do you get when you combine family trips to a gardening store and loose-leaf tea in your trash? To Kansas law enforcement, it’s probable cause to get a search warrant and perform a SWAT-style raid on a private home.

In 2011, Robert Harte and his 13-year-old son went to a store for hydroponic equipment to grow tomatoes for a school project. A state trooper had been assigned to watch that store and write down the license plates of any customers (apparently, shopping at a gardening store translates to marijuana production). To follow up that stellar bit of police work, the Johnson County Sheriff’s Office twice examined the Hartes’ trash. They found, both times, an ounce or so of “saturated plant material.”

The Keystone Kops couldn’t tell the difference between tea and tokes using their senses, so they field-tested the substance and the test came back positive for marijuana. (“A partial list of substances that the tests have mistaken for illegal drugs would include sage, chocolate chip cookies, motor oil, spearmint, soap, tortilla dough, deodorant, billiard’s chalk, patchouli, flour, eucalyptus, breath mints, Jolly Ranchers and vitamins,” notes Radley Balko.)

Police Officers Must Keep the Cameras Rolling

Recently released dash camera footage of an arrest in St. Louis, Missouri offers an example of the disturbing flippancy with which cameras can be turned off during police interactions with the public.

According to a police report, on the evening of April 10, 2014, officers Nathaniel Burkemper and Michael Binz stopped a silver Ford Taurus after it made an illegal U-turn and “abruptly parked.” Only minutes earlier, 911 operators had received calls reporting shots fired. One of the calls mentioned a silver car with big rims.

Footage from the dash camera on Burkemper and Binz’s cruiser shows that shortly after the Ford Taurus pulls over, Binz moves to the passenger side of the vehicle, where he searches and handcuffs the passenger. Burkemper speaks to the driver, Cortez Bufford. Burkemper filed a report stating that he smelled marijuana and that both Bufford and his passenger did raise their hands when asked. However, Bufford reportedly “became agitated.” From the St. Louis Post-Dispatch:

Bufford “became agitated,” Burkemper wrote, refusing to give his name and reaching for a pants pocket before the officer warned him to keep his hands in view. Bufford refused orders to get out. Burkemper called for backup when Bufford became “increasingly hostile.”

The report says Binz told Burkemper he had found two bullets in the passenger’s pocket. Burkemper then ordered Bufford out again, saying he was under arrest. Bufford unlocked his door, but refused to exit.

The dash camera footage shows officers pulling Bufford from the car. Then, at least seven officers are involved in kicking, tasing, and subduing Bufford while he is on the street. According to Burkemper’s report, once Bufford was on the street he struggled and reached for his pocket. The  Post-Dispatch reports that Binz “recovered a Kel-Tec 9mm semi-automatic pistol with four rounds in the magazine and one in the chamber.”

Police Body Cameras Raise Privacy Issues for Cops and the Public

Advocates of increased transparency in law enforcement are understandably keen to see more police officers wearing body cameras. Not only is there some evidence that police officers wearing body cameras contributes to a decline in police “use-of-force” incidents, footage from police cameras has provided useful evidence to those investigating allegations of police misconduct. Yet despite the benefits of police body cameras there are serious privacy concerns that must be considered and addressed as they become more common.

Perhaps the most obvious privacy concerns are those of the civilians filmed by police officers. If footage from police body cameras is considered public record then hours of footage of innocent people’s interactions with police officers is potentially available. It is not hard to imagine a situation in which police officers wearing body cameras enter someone’s home and leave without making an arrest. Footage of that encounter could reveal embarrassing or private information about the homeowner.

In November of last year it was reported that Washington police departments were reviewing their policies related to dash cameras and body cameras in the wake of an increase in requests for footage from the public via public record requests. As the ACLU has pointed out, Washington is one of the states where body camera footage is considered “susceptible to public release upon request.”

At the end of last month, members of the North Dakota House overwhelmingly passed a bill that would exempt police body camera footage of the inside of a private place from a public record request. North Dakota House member Kim Koppelman, who introduced the bill, said that the legislation would protect civilians in situations similar to the one I outlined above. Koppelman reportedly introduced the bill “at the request of West Fargo Police Chief Michael Reitan.” Koppelman and Reitan may be primarily concerned with the privacy of civilians, but a civilian could have a genuine interest in seeing the footage gathered by police officers in her home, especially if she believes that officers damaged property or behaved poorly.

Grenade Launchers: The Newest Must-Have School Supply

The Wall Street Journal reports [$] today that government-run schools are stocking up on military surplus equipment—including M-16 rifles, grenade launchers, and even multi-ton armored vehicles—through a controversial federal program. 

In the wake of school shootings in Sandy Hook, Conn., and elsewhere, some school security departments developed SWAT teams, added weapons to deal with any contingency and called on the federal government to help supply the gear. But now the program is facing renewed scrutiny from both outside observers and police using the program.

In south Texas, near the Mexican border, the sprawling Edinburg Consolidated Independent School District has 34,700 students and operates its own SWAT team, thanks in part to military gear it was given in recent years.

The department received two Humvees and a cargo truck from the surplus program, as well as a few power generators, said district Police Chief Ricardo Lopez. The district applied for weapons, too, but wasn’t given any, so instead purchased its own M-4 and AR-15 assault-style rifles, he said.

The Humvees have turned out to be helpful in responding to events such as burglaries at some remote elementary schools on ranchlands, he said, though the 12-member SWAT team hasn’t responded to any major incidents.

They need Humvees to respond to burglaries? And under what conceivable scenario is a grenade launcher needed in a school? At least the officials at L.A. Unified claim that they never intended to put grenades in the grenade launchers:

Some school districts, including the Los Angeles Unified School District, stocked up on grenade launchers, M-16 rifles and even a multi-ton armored vehicle, only to realize the downside of the free gear is the cost to maintain it and train officers to use it.

The district is getting rid of the grenade launchers, which it never intended to use to launch grenades or use in a school setting, said Steven Zipperman, chief of police of the Los Angeles Schools Police Department. The launchers, received in 2001 and classified “as less lethal munitions,” might have been useful to help other police forces in the county disperse crowds by shooting foam or rubber bullets, he said.

Reason’s Zenon Evans reports that officials claim they need the wanna-be tanks “victim rescue vehicles” to extract students from a school shooting:

The L.A. school cops also have a mine-resistant ambush protected vehicle (MRAP), a piece of equipment that often weighs upwards of 14 tons and was designed to fight asymmetrical warfare against Iraqi insurgents, not provide backup during study period patrol. Los Angeles school officers also have 61 M-16 rifles, presumably to prevent food fights from breaking out. The MRAP is worth $733,000 and each rifle is worth $499, but the DoD gives equipment away for the price of shipping.

L.A. cops aren’t the only ones with MRAPs this back to school season. The San Diego Unified School District has one, too. Oakland got stuck with a “tactical” utility truck. 

“We recognize the public concern over perceived ‘militarization of law enforcement,’ but nothing could be further from the truth for School Police,” Capt. Joseph Florentino of the San Diego district told NBC yesterday. Apparently, his department is converting it to a “victim rescue vehicle” that will “be designed for us to get into any hostile situation and pull kids out.”

Professor Jay P. Greene of the University of Arkansas cuts right through the absurdity of schools stocking up on military equipment:

This is a toxic combination of 1) school districts lining up for anything the feds are handing out, 2) the excessive militarization of local police (and apparently school security) forces, and 3) schools focusing on incredibly rare events, like school shootings, as opposed to incredibly common ones, like incarcerating millions of children in schools that fail to serve their needs.

Perhaps the U.S. Department of Education could set an example for school districts by dismantling its SWAT team