Saturday, May 22, 2010

SWAT KILLED MY BUZZ

Radley Balko is a journalist and expert on police militarisation and the overuse of SWAT teams. I spoke to him.
VICE: Hey Radley. WTF is happening in that video?
Radley: It’s a pretty conventional drug raid. The police got a tip from an informant that there was a significant supply of marijuana inside. They did a “trash pull” and found marijuana residue in the family’s garbage. So they sent in the SWAT team.
Were charges pressed?
The father was charged with misdemeanor possession of marijuana, possession of drug paraphernalia and, incredibly, child endangerment.
Child endangerment? I guess smoking pot in a house with a child is a pretty dangerous activity. Unlike firing machine guns in front of one.
But marijuana has been decriminalized in Columbia, Missouri. And the endangerment charge was dropped. That only left the paraphernalia charge. He plead guilty last month. Got a $300 fine.
What about the police? Can the family take legal action against them?
They’re keeping their options open. But they’re a bit overwhelmed by the attention. From my experience in reporting on these raids, the odds of them winning a lawsuit are pretty slim. The government tends to make it difficult for you to sue the government.
What about what they did to the house? Do they pay to repair that?
Nope. If they hadn’t found any illicit drugs, I suspect the city would have paid for the damage, if only because of public pressure. But in most jurisdictions, there’s no requirement, even when they get the wrong house. There was a guy in Baltimore last year who was raided in a case of mistaken address. They destroyed his front door. He tried to get the city to reimburse him for the cost of replacing it. No luck. They did, however, send code inspectors out to fine him for storing the broken door in his backyard.
Woah.
I think they finally paid, but months later. Only after a local paper ran the story.
What would have happened after that video ended? Like, once the police are gone and the mom is left in the house with a scared child and a dead dog? Would she just be left there with no door and a pet to clean up?
She told me in an email that she and the child spent four hours in the back of a locked police car. She didn’t mention what happened after. But in other cases, yeah, they leave the mess for you to clean up. Especially if someone has been arrested. Sometimes the kids are taken into custody. But I’ve talked to people who were wrongly raided, then left to spend the next night with a wide open doorway.
And this is far from being an isolated event, right?
To be honest, the only thing unusual about the raid is that it was videotaped and that the tape was released to the press. There are 100-150 raids just like this one every day in the U.S. (and, increasingly, in Canada and the U.K.). The “wrong door” raids happen maybe once a week. But it’s hard to get an accurate figure on that.
So, what would typically happen in one of these situations? How many people would be involved in the raid? and what sort of equipment would they have with them?
The typical SWAT team has six to ten members. They’re usually outfitted with automatic weapons, bulletproof armour, and a battering ram. They sometimes use “flashbang” or stun grenades to temporarily blind and deafen the people in the place they’re about to raid. Some have tanks and armoured personnel carriers. Much of this equipment is paramilitary in nature. Some of it is actually military, it comes from the U.S. Department of Defense via a giveaway program set up in the 1990s. So equipment designed for use on a battlefield is now routinely used on U.S. streets, against U.S. citizens.
I read earlier that they sometimes use insane stuff too. Like tanks and bayonets.
Don’t know about bayonets. But tanks and APCs are common. There’s a sheriff in South Carolina who has an APC with a belt-fed machine gun turret. It shoots .50-caliber ammunition. This is an urban area, those bullets will go through five city blocks. It’s insane. Of course, he has named his prize “The Peacemaker”. He’s also the same sheriff who went after Michael Phelps. He actually sent SWAT teams in to the homes of students who appeared in that infamous picture with Phelps. Apparently, the cops didn’t say, “Where are the drugs?”. They said, “What do you know about Michael Phelps?”.
Crazy. And do these raids always happen at dawn?
They usually take place at night, or just before dawn. But that’s not always the case.
And are the police meant to announce themselves before they enter?
That’s a tricky question. Technically, yes. It’s part of the Castle Doctrine which goes back to English common law. But the US Supreme Court has carved out some exceptions. If the cops think announcing would pose a threat to their safety or give you time to dispose of contraband, they can enter without knocking. But even the requirement that they knock and announce is largely ceremonial.
That seems like a really really dumb idea. To enter people’s houses at night, unannounced, with masks on, throwing grenades. I once almost stabbed someone I live with because he jumped out at me after we’d gotten high and watched Scream.
It’s an insane idea. When you invade someone’s home, when you wake them up, you incite a very primitive response in them. Fight or flight. And when you’re in your own home, flight isn’t an option. I’m fairly sure that even when confirmed drug dealers shoot at these SWAT teams, they didn’t know they were shooting at cops. Everyone knows what happens to you if you kill a cop. Of course, people who were far from drug dealers have been put in that horrifying position, too and the ones who shot are now in prison.
Is it just drug crimes these are being used for?
No, we’re now seeing SWAT teams being used in even more banal crimes. On my site, we did a report about a group of military veterans who were holding charity poker games for wounded vets. the games apparently violated Texas’ gambling laws, so they sent the SWAT team.
What was the outcome of that?
I don’t recall off the top of my head. but there was no apology or admission that the SWAT team might have been overkill.
So, if I’m a casual drug user in America, (as I suspect many people reading this blog are), what are the chances of something like this happening to me?
Unlikely. I’d say. there are about 100-150 of these raids per day. I believe about 50 million or so Americans admit to having used an illicit drug in the last year. So the odds are, you aren’t going to get raided. Odds are even slimmer if you’re white, and live in a good neighbourhood. Housing projects get raided pretty regularly. Fraternity houses, not so much. Of course, that doesn’t mean we should be comfortable with that 100-150 figure. Heavily armed cops acting like soldiers, breaking into homes to arrest people suspectedm (suspected, mind you, not even convicted), of nonviolent, consensual crimes - these just aren’t images I think we should tolerate if we’re going to call ourselves a free society.
Have you ever considered exploiting the pranking potential of these SWAT raids?
It’s happened.
What?
It’s called “SWATting”. I’ve only seen a few cases so far.
Shit, that’s an actual thing? I was just kidding.
It’s happened enough to have a name I guess.
Lol.
JAMIE LEE CURTIS TAETE

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