Posts Tagged ‘shooting dogs’

SWAT-team

“A government which will turn its tanks upon its people, for any reason, is a government with a taste of blood and a thirst for power and must either be smartly rebuked, or blindly obeyed in deadly fear.”–John Salter

How many children, old people, and law-abiding citizens have to be injured, terrorized or killed before we call a halt to the growing rash of police violence that is wracking the country? How many family pets have to be gunned down in cold blood by marauding SWAT teams before we declare such tactics off limits? And how many communities have to be transformed into military outposts, complete with heavily armed police, military tanks, and “safety” checkpoints before we draw that line in the sand that says “not in our town”?

The latest incident comes out of Atlanta, Georgia, where a SWAT team, attempting to execute a no-knock drug warrant in the middle of the night, launched a flash bang grenade into the targeted home, only to have it land in a crib where a 19-month-old baby lay sleeping. The grenade exploded in the baby’s face, burning his face, lacerating his chest, and leaving him paralyzed. He is currently in the hospital in a medically induced coma.

If this were the first instance of police overkill, if it were even the fifth, there might be hope of reforming our system of law enforcement. But what happened to this baby, whose life will never be the same, has become par for the course in a society that glorifies violence, turns a blind eye to government wrongdoing, and sanctions any act by law enforcement, no matter how misguided or wrong. Indeed, as I detail in my book A Government of Wolves: The Emerging American Police State, this state-sponsored violence is a necessary ingredient in any totalitarian regime to ensure a compliant, cowed and fearful populace.

Thus, each time we as a rational, reasoning, free-minded people fail to be outraged by government wrongdoing–whether it’s the SWAT team raids that go awry, the senseless shootings of unarmed citizens, the stockpiling of military weapons and ammunition by government agencies (including small-town police), the unapologetic misuse of our taxpayer dollars for graft and pork, the incarceration of our fellow citizens in forced labor prisons, etc.–we become accomplices in bringing about our own downfall.

There’s certainly no shortage of things to be outraged about, starting with this dangerous mindset that has come to dominate law enforcement and the courts that protecting the lives and safety of police officers (of all stripes) is more important than the lives and safety of the citizenry. This is true even if it means that greater numbers of innocent civilians will get hurt or killed (police kill roughly five times more often than they are killed), police might become laws unto themselves, and the Constitution will be sidestepped, or worse disregarded, at every turn.

For example, where was the outrage when a Minnesota SWAT team raided the wrong house in the middle of the night, handcuffed the three young children, held the mother on the floor at gunpoint, shot the family dog, and then “forced the handcuffed children to sit next to the carcass of their dead pet and bloody pet for more than an hour” while they searched the home?

Or what about the SWAT team that drove an armored Lenco Bearcat into Roger Serrato’s yard, surrounded his home with paramilitary troops wearing face masks, threw a fire-starting flashbang grenade into the house in order, then when Serrato appeared at a window, unarmed and wearing only his shorts, held him at bay with rifles? Serrato died of asphyxiation from being trapped in the flame-filled house, and the county was ordered to pay $2.6 million to Serrato’s family. It turns out the father of four had done nothing wrong; the SWAT team had misidentified him as someone involved in a shooting. Even so, the police admitted no wrongdoing.

And then there was the police officer who tripped and “accidentally” shot and killed Eurie Stamps, who had been forced to the floor of his home at gunpoint while a SWAT team attempted to execute a search warrant against his stepson. Equally outrageous was the recent four-hour SWAT team raid on a California high school, where students were locked down in classrooms, forced to urinate in overturned desks and generally terrorized by heavily armed, masked gunmen searching for possible weapons that were never found.

The problem with all of these incidents, as one reporter rightly concluded, is “not that life has gotten that much more dangerous, it’s that authorities have chosen to respond to even innocent situations as if they were in a warzone.”

This battlefield mindset has so corrupted our law enforcement agencies that the most routine tasks, such as serving a search warrant–intended to uncover evidence of a suspected crime–becomes a death warrant for the alleged “suspect,” his family members and his pets once a SWAT team, trained to kill, is involved.

Unfortunately, SWAT teams are no longer reserved exclusively for deadly situations. Owing to the militarization of the nation’s police forces, SWAT teams are now increasingly being deployed for relatively routine police matters, with some SWAT teams being sent out as much as five times a day. For example, police in both Baltimore and Dallas have used SWAT teams to bust up poker games. A Connecticut SWAT team was sent into a bar that was believed to be serving alcohol to underage individuals. In Arizona, a SWAT team was used to break up an alleged cockfighting ring. An Atlanta SWAT team raided a music studio, allegedly out of a concern that it might have been involved in illegal music piracy.

Yet the tension inherent in most civilian-police encounter these days can’t be blamed exclusively on law enforcement’s growing reliance on SWAT teams. It goes far deeper, to a transformation in the way police view themselves and their line of duty. Specifically, what we’re dealing with today is a skewed shoot-to-kill mindset in which police, trained to view themselves as warriors or soldiers in a war, whether against drugs, or terror, or crime, must “get” the bad guys–i.e., anyone who is a potential target–before the bad guys get them. The result is a spike in the number of incidents in which police shoot first, and ask questions later.

Who could forget what happened to 13-year-old Andy Lopez? The teenager was shot seven times and killed after two sheriff’s deputies, a mere 20 feet away, saw him carrying a toy BB gun in public.

Then there was the time two Cleveland police officers mistook the sounds of a backfiring car for gunfire and immediately began pursuing the car and its two occupants. Within 20 minutes, more than 60 police cars, some unmarked, and 115 officers had joined the pursuit, which ended in a middle school parking lot with more than 140 bullets fired by police in less than 30 seconds. The “suspects”–dead from countless bullet wounds–were unarmed.

Miriam Carey’s family still can’t get past the shock of her death. Police in Washington, DC, shot and killed the 34-year-old woman after she collided with a barrier leading to the White House, then fled when pursued by a phalanx of gun-wielding police and cop cars. Carey’s 1-year-old daughter was in the backseat. Seventeen gun shots later, Carey was dead and her toddler motherless.

Just as troubling as this “shoot first, ask questions later” mindset is what investigative journalist Katie Rucke uncovered about how police are being trained to use force without hesitation and report their shootings in such a way as to legally justify a shot. Rucke reports the findings of one concerned citizen, “Jack,” who went undercover in order to attend 24 hours of law enforcement training classes organized by the private, for-profit law enforcement training organization Calibre Press.

“Jack says it was troubling to witness hundreds of SWAT team officers and supervisors who seemed unfazed by being instructed to not hesitate when it comes to using excessive, and even deadly, force,” writes Rucke. “‘From my personal experience, these trainers consistently promote more aggression and criticize hesitation to use force,’ Jack said. ‘They argue that the risk of making a mistake is worth it to absolutely minimize risk to the officer. And they teach officers how to use the law to minimize legal repercussions in almost any scenario. All this is, of course, done behind the scenes, with no oversight from police administrators, much less the public.'”

Rucke continues:

According to the learning materials, ” there isn’t time for logic and analysis, encouraging officers to fire multiple rounds at subjects because “two shots rarely stops ’em,” and outlines seven reasons why “excessive use of force” is a myth. Other lessons Jack learned from the “Anatomy of Force Incidents” training in January include a need to over-analyze one’s environment for deadly threats by using one’s imagination to create “targets of the day” who could be “reasonably” shot, to view racial profiling as a legitimate policing technique, even if the person is a child, pregnant woman or elderly person, and to use the law to one’s advantage to avoid culpability.

What we’re dealing with is what author Kristian Williams describes as the dual myths of heroism and danger: “The overblown image of police heroism, and the ‘obsession’ with officer safety, do not only serve to justify police violence after the fact; by providing such justification, they legitimize violence, and thus make it more likely.”

If ever there were a time to de-militarize and de-weaponize police forces, it’s now, starting at the local level, with local governments and citizens reining in local police. The same goes for scaling back on the mindset adopted by cops that they are the law and should be revered, feared and obeyed.

Police have been insulated from accusations of wrongdoing for too long and allowed to operate in an environment in which whatever a cop says, goes. The current practice is to let the police deal with these transgressions internally by suspending the officer involved with administrative pay, dragging out the investigation until the public forgets about the incident, and then eventually declaring the shooting incident justified based on the officer’s fear for his safety, and allowing him to go back to work as usual. And if, on the off chance, a shooting incident goes before the courts, the judiciary defers to police authority in almost all instances. Just recently, for example, the U.S. Supreme Court declared that police officers who used deadly force to terminate a car chase were immune from a lawsuit. The officers were accused of needlessly resorting to deadly force by shooting multiple times at a man and his passenger in a stopped car, killing both individuals.

Meanwhile, the epidemic of police violence continues to escalate while fear of the police increases and the police state, with all its surveillance gear and military weaponry, expands around us.

“I thought I had freedom of speech here,” the man said to the police officer.
“You don’t. You just lost it,” the officer replied.

Once again, the U.S. government is attempting to police the world when it should be policing its own law enforcement agencies. We’ve got a warship cruising the Black Sea, fighter jets patrolling the Baltic skies, and a guided-missile destroyer searching the South China Sea for the downed Malaysia Airlines flight. All the while, back home in the U.S., our constitutional rights are going to hell in a hand basket, with homeowners being threatened with eviction for attempting to live off the grid, old women jailed for feeding crows, and citizens armed with little more than a cell phone arrested for daring to record police activities.

Robin Speronis now finds herself threatened with eviction from her own Florida home for daring to live off the grid, independent of city utilities such as water and electricity. City officials insist the Cape Coral resident’s chosen way of life violates international property maintenance code and city ordinances. Mary Musselman, also a Florida resident, is being held in jail without bond for “feeding wild animals.” The 81-year-old Musselman, on probation after being charged with feeding bears near her home, was arrested after officers discovered her leaving bread out for crows. Meanwhile, Brandy Berning of Florida was forced to spend a night in jail after recording her conversation with an officer who pulled her over for a routine traffic stop.

Welcome to the farce that passes for law and order in America today, where, as I point out in my book A Government of Wolves: The Emerging American Police State, crime is low, militarized police activity is on the rise, and Americans are being penalized for living off the grid, feeding wild animals, holding Bible studies in their back yard, growing vegetables in their front yard, collecting rainwater, and filming the police.

This latter point should really stick in your craw. Consider the irony: the government insists it can carry out all manner of surveillance on us—listen in on our phone calls, read our emails and text messages, track our movements, photograph our license plates, even enter our biometric information into DNA databases—but if we dare to return the favor, even a little, we get roughed up by the police, arrested, charged with violating various and sundry crimes (often trumped up), and forced to make restitution.

For example, George Thompson of Boston was arrested after he used his cell phone to record a police officer he describes as being “out of control.” University of Texas college student Abie Kyle Ikhinmwi was arrested after recording a police speed trap with her cell phone. Kansas teen Addison Mikkelson was arrested after filming a patrol car allegedly speeding and failing to use a turn signal.

Leon Rosby was filming a police standoff in June 2013, his cellphone in one hand and his dog’s leash in the other, when three officers approached him. Anticipating a problem, Rosby placed his 2-year-old Rottweiler, Max, in his car. The LA Times reports: “As officers cuffed Rosby, the dog escaped through an open window and began to bark and lunge at officers. One officer tried to grab the dog’s leash, then drew his gun and fired four shots, killing Max. Video of the incident went viral on YouTube, prompting a public outcry and drawing protesters to the Police Department headquarters.” Rosby has now filed a civil rights lawsuit against the city and the three police officers.

And then there is the Baltimore man who was threatened by police after they discovered him filming them during an arrest. The local CBS station ran the footage of the ensuing confrontation, which went something like this:

“I’m allowed to do this,” the man told the officer.

“Get it out of my face,” the officer replied.

“I have my rights,” the man said.

“You have no rights,” the officer said.

But the man didn’t stop rolling and was once again aggressively approached.

“Do you see the police presence here? Do you see us all? We’re not [expletive] around. Do you understand? Do not disrespect us and do not not listen to us,” the officer said. “Now walk away and shut your [expletive] mouth or you’re going to jail, do you understand?”

After backing away, the officer came at the man a third time, appearing to grab him.

“I thought I had freedom of speech here,” the man said.

“You don’t. You just lost it,” the officer replied.

And that, in a nutshell, is what happens when law enforcement officials—not just the police, but every agent of the government entrusted with enforcing laws, from the president on down—are allowed to discard the law when convenient. At the point where there’s a double standard at play, where the only ones having to obey the law are the citizenry and not the enforcers, then that vital “social contract” that John Locke envisioned as the basis for society breaks down. The more we allow government officials to operate outside the law, the more we ensure that the law becomes only a tool to punish us, rather than binding and controlling the government, as it was intended.

This brings me back to the problem of Americans getting arrested for filming the police. Until recently, this has primarily been a problem experienced by journalists and photographers attempting to document political protests and other disturbances involving the police. However, with the preponderance of smart phones capable of recording audio and video, individuals who dare to record police engaged in questionable or abusive activities in public are increasingly finding themselves on the receiving end of the harsh treatment they intended to document. These videos, if widely distributed, can be a powerful method of subjecting police to closer scrutiny and holding them accountable to respecting the rights of those they are supposed to serve.

Naturally, police agencies and unions have sought out legal prohibitions on such videos from being created. Massachusetts police, for instance, have invoked a state surveillance law to charge citizen video-makers criminally for their actions. Because the state surveillance law requires “two-party” consent, most kinds of public filming can be construed as illegal. Similar laws exist in California, Florida, Illinois, Michigan, and Pennsylvania. The law was enacted to protect private citizens from invasive surveillance, but the police have exploited it to curtail free speech that tarnishes their public image. Police claim that this regulation gives them legal justification to prohibit filming by citizens such as Jeffrey Manzelli, a journalist who recorded the police intimidating protesters at a rally and was arrested and charged under the law.

Saddled with costly lawsuits brought by individuals allegedly brutalized by police who didn’t appreciate their actions being filmed, a few cities across the country are attempting to adopt policies to protect citizens who film the police. In Troy, N.Y., for example, city police officers would face a fine and jail time if they stop people from legally photographing or filming them. If adopted, the Troy ordinance, which would carry a maximum $5,000 fine and a jail term of up to 15 days for an officer found guilty of violating it, would be the first of its kind in the country.

As part of a $200,000 legal settlement, Indianapolis police will soon be required to remind its officers that citizens have a legal right to videotape on-duty police officers. The case arose after a 66-year-old Indianapolis resident was tackled to the ground, arrested and charged with resisting arrest, disorderly conduct and public intoxication (he was found not guilty of the charges) after he used his cellphone to record police arresting a young man in his neighbor’s driveway. There is also a movement afoot to equip police with on-officer cameras that would provide footage of what an officer sees.

The courts, thus far, have favored the First Amendment rights of eyewitness filmmakers, even in the face of state efforts to outlaw such activities. In 2012, the U.S. Supreme Court refused to hear an appeal of an Illinois eavesdropping law that makes recording law enforcement officers a first-class felony punishable by up to 15 years in prison. In 2013, the U.S. Department of Justice issued a statement of interest in the case of Mannie Garcia v. Montgomery County, Md., declaring that not only do individuals have a First Amendment right to record officers publicly doing their duties, they also have Fourth and Fourteenth Amendment rights protecting them from having those recordings seized without a warrant or due process.

The Garcia case involves a journalist who was arrested and charged with disorderly conduct for filming police as they detained two men. According to the lawsuit, police “dragged Garcia to the police car, put him in handcuffs, threw him to the ground by kicking his feet out from under him, taunted him, threatened to arrest his wife if she came too close and took his camera, and seized the memory card, which was never returned.”

The problem, as the U.S. Court of Appeals for the Seventh Circuit recognized in Payne v. Pauley, is that “[p]olice officers must be more thick skinned than the ordinary citizen and must exercise restraint in dealing with the public” and “must not conceive that every threatening or insulting word, gesture, or motion amounts to disorderly conduct.”

The difficulty we face is that police officers are becoming increasingly thin skinned, less restrained in dealing with the public, and more inclined to conceive every word, gesture, or motion as a threat. In an ideal world, police would recognize that, as public servants, they are rightfully subject to recording and surveillance when carrying out their public duties. Unfortunately, this is far from an ideal world.

So what are we to do?

We must continue to stand up for our rights, record police when the opportunity presents itself, and politely remind any offended officers that they are, in fact, our public servants and, as such, their behavior is subject to public scrutiny. If they disagree and attempt to stop us from recording, we can refer them to the U.S. Constitution, which they have sworn to uphold, which protects our right to record matters of public interest. And if they continue to insist on hauling people to jail because they don’t like the idea of transparency and accountability, they can take it up with the courts. The goal is to eventually arrive at a point where we can keep a watchful eye on our government officials, instead of the other way around. As Justice Louis D. Brandeis once observed, “Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.” — John W. Whitehead