Militarization of police (no-knocks, etc.) Part 2

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I don't think we are going to settle this here, but lets not stop talking about it.

In other threads on this subject I've asked who among you who is so outspoken against SWAT had those same feelings 8 years ago? No one ever answered me. I'm just curious to know if you were as outraged about the excesses then, when most of the targets of this type of enforcement were the members of the drug subculture? Or was it after the '94 crime bill and the Waco raid that you realized the constitution was in danger? I don't mean this as a flame of anyone here, I just think that as a society we don't tend to think too much about that kind of thing, unless it's our ox about to be gored.

Of those concerned about the militarization of law enforcement, I ask you this....Have you ever attended a city council or county board law enforcement commitee meeting? If not, why not? Have you ever had an incident occur in your community that you were uncomfortable with and spoken to your councilman, board member, mayor, police chief or sheriff about it? Have you ever called any of these people to ask what strings come with grant money that hires new officers or buys additional equipment?

Law enforcement is one of the last truly local forms of governemnt. Laws are enforced by community standards. For example before a trip to Key West last year, a friend told me that there was a very lax attitude toward marijuana use there. I didn't truly believe him until I observed people openly smoking dope in the outdoor gardens of the bars in the middle of the afternoon. The small midwestern community that I police would be up in arms over that, but would absolutely throw a fit if a local hunter was arrested for felony UUW for having an uncased gun in the car. I don't know but that might land you in the pokey in Key West.

If you think your police department is too military, do something about it. Don't jump all over the officer on the street, ask your councilman or chief why the department needs 10 M14 rifles from DOD.

The members of your local police department are your employees. Their boss also works for you. In most cases the boss lives in the same community, shops in that same stores and will be responsive to the input they get from their employers (you).

Everyone in this forum on both sides cares about this issue. As an LEO, I will admit that there have been excesses and some agfencies develop an expensive unit and then feel compelled to get their money's worth from it.

I don't think any of the private citizens here would deny their employees (the LEOs) the tools and training to do their job professionally and safely. And I don't think any of the LEOs here are just itching to break down doors for the thrill of it.

Certain well publicized excesses are tarnishing every badge in the country. If changes need to be made, they need to be made at the top level, the policy makers. There are no rogue SWAT teams at the local level beating the Bill of Rights into the ground, unlike the portrayal in certain fantasy movies. There are good people (your employees and neighbors) who are trying to do a difficult job safely. Those of us who do wear a badge NEED your trust and confidence to do our job. We know going in that police work will not be the kind of job that you can make everyone happy at. People want to be free to do what they will, if that means frying their minds with drugs or driving 100 mph on the interstate. You employ us, to stop the excesses in that area and maintain order. And some of you will naturally be upset when we do.

Also try to remember that the great majority of search warrants are served by a detective and a couple of uniformed officers who knock on the door, wait for the answer and present the warrant, conduct their business and leave, without damaging the property. Of course these seldom rate more then a half inch of column in the police docket section of your local paper..

My point here is that if you want to see changes in these things, go to your elected representatives. I would bet anyone here that you stand a better chance of geeting a policy or procedure that you feel is illegal or unjust changed at your local PD with a well reasoned, thought out presentation to your mayor, chief or councilman then in any other branch of government.

In my mind the issue is one of trust. If you don't trust the employees you've hired to enforce the law with the power that you've given them, then either fire them or take the power away.

Jeff
 
Worried since Waco? H***, I've been worried since back in the 60's when they broke in on Kenyon Ballew and his wife and put a bullet in his head ( he lived, sort of ) They smashed in unannounced and shot him as he ran forward carryin an 1860 army, the only thing in the house that was loaded. They swore up and down that he shot first, but the only chamber from hi army went into the baseboard horizontally 4" off the floor! If you want details, I'm sure the NRA can help. Otherwise, I think I still have the Rifleman coverage somewhere.
crankshaft
 
Rainbow Six, very well said. You should be teaching at the local academy, as you obviously have a grasp on the issue. There is apparently something grievously wrong with the way LEOs are being trained nowadays, as there are far too many control freaks. Not enough "problem defusers" which I figure is either a selection thing or a training thing. I wouldn't be surprised if those kinds of officers are unwelcome in many departments as well; LAPD seems to have a bad rep for having a "cowboy culture."

There is a certain irony in these sorts of discussions; LEOs always suggest ride-alongs and reserve participation by us "civilians", but I have never heard of a program for LEOs to experience the receiving end of a dynamic raid, a driving-while-ethnic traffic stop, etc. As the saying goes, a conservative is someone who has been mugged, while a liberal is someone who has been arrested. One might add that a libertarian is someone who has been raided! :(

Overall, I don't believe most folks really focus on the use of specific tools (though that may well be how their complaints sound), they have become concerned about the rather broad-brush use of high-risk (for the public) methods. I really don't care whether the local PD issues carbines or whatever, I am a lot more concerned about the integrity of the warrant issuance process (which is damn near broken in a lot of cities) and the overall philosophy of the cops.

To use the dynamic entry issue as an example, almost everyone tends to paint it as a black-or-white issue. But the "silent majority" in between the two extremes would probably like to see a rational, two-sided evaluation of the issue, but the mainstream media can't seem to cover anything in depth, and the politicians are now reduced to semi-trained parrots. I have yet to see any stats on dynamic entries that break down the crimes for which the warrant is issued, the percentage of convictions for the crimes listed on the warrant, and the supporting evidence used to obtain the warrant (i.e. physical evidence, testimony from confidential informant, etc). In my local area (which is relatively low crime and laid-back PDs), the few dynamic raids for violent crimes have been justified by the outcomes, while there has been at least one raid for a "white-collar" crime that was a total embarassment for the LEOs. I wouldn't be surprised if this was a general trend.

And a lot of us (me included) paint all LEO groups with the same broad brush; local, state, and federal. Not fair, but then many LEOs treat all citizens as suspects. The WOD has interconnected those three levels of law enforcement with a financial incentive to behave badly. Not a Good Thing, as it encourages the rot to permeate all of LE.

Jeff, in an ideal world your approach may work, but in most localities I don't think it will. The public can't fire individual officers, and the top end of the LEO food chain is so "in bed" with the unions and the local politicians that I don't think problems can be solved from without. Problems will have to be solved from within, by the rank and file. Hopefully, national-level LEO professional organizations will develop some standards that will improve things. I'm not holding my breath, though; I expect things to get much worse before it gets better.
 
Ivanhoe,
Dynamic entries and no knock warrants are not dangerous for just citizens they are also dangerous for the LEOs.

I still do not understand what is up with no knock warrants. I have been an LEO for 11 years in two different areas of Kalifornia, I am currently on a fugitive apprehesion team, and I still have not been involved in a no knock warrant or even heard of one being done. In Kalifornia getting a no knock is not an easy matter. Are the issuance of no knocks being done in just a few areas of the country and they are being well publicized? A question to other LEOs: Are no knocks that easy to get in your jurisdiction? I must be living a sheltered life. ;)

[This message has been edited by mrat (edited June 03, 2000).]
 
Yes, In Iowa they are extremely hard to have any magistrate or judge issue one.

The problems were hearing about result from faulty information from informants and officers not checking out there information and having the correct intell before they execute these type warrants.



[This message has been edited by 12-34hom (edited June 03, 2000).]
 
Say Ivanhoe, how about this for a cop being on the receiving end of a bust in experience.
Scene: cop in the sack with a known female drug user, she is playfully handcuffed to the headboard. He is in the assumed position, the dynamic entry team breaks in, she begins to scream bloody murder. Cop looks over his shoulder and his arm swings back with his shiney badge in his hand...what do think is most likely going to happen...he'll wind up like that black guy in NYC who handed over his wallet to the law. Many torso leaks. If one is human (and that's no guarantee) this would probably end the police experiencing this sort of what if scenario. And how do we make any meaningful gains trying to get rid of the bad top authority figures when it is the good ole boys click syndrome? We've got a two party political system that is rife with corruption, and I'm not just talking about the liberal left wing. The right wing is just as screwed up as the left. Like you other guys said...its going to get a lot worse befoe it gets any better. I just hope the American spirit that prevailed during WW2 will be genetically handed down to this present generation. God help us if it isn't.
 
Jeff White,

Well said. The rules in the SOP manual don't come from the patrolman, they come from administration. Complaining to the patrol officer in hopes of getting changes made is like trying to fix a blown car engine by putting on new tires. :D

Ivanhoe,

Thanks for the kind words. I hope to get my instructor certification in the next year or two and do just that. :)



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The Glock freak formerly known as Chris...
 
This thread and others of similar nature illustrate how we in our zeal to apprehend and convict the criminal can pass laws and establish procedures that result in "unintended consequences." RICO seemed to be a good way to get to the crime lords, but it has been used against abortion protestors. It was never intended to be used for that, but various groups will distort the law to accomplish their ends. It seemed a good idea to permit no knock raids to make sure some violent criminals would have less chance to injure or kill LEO's, or to flush drugs down the toilet, but there are too many instances of no knock being misused and innocent people harmed or terrorized unnecessarily. It seemed a good thing that a suspect would be warned of his right to remain silent, but too many have been let off through a technicality to the detriment of society. Too many laws are passed that in retrospect prove to be bad laws. This is usually due to overzealous enforcement or in some cases an intentional misuse that is within the technicality of the law. I don't recall when I have seen a bad law repealed. We need to be very careful about the laws we pass and the procedures we establish and always consider their impact on the honest citizen. LEO's and lawmakers must never lose sight of the constitutional rights of individual citizens. It does make your job much more difficult, but that is the result of liberty instead of repression. Jerry
 
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