Overkill: The Rise of Paramilitary Police Raids in America

The Cato Institute ^ | July 16, 2006 | Radley Balko

[rbalko]

Paper on America's love affair with the SWAT team and "dynamic entry" raids.

See scary accompanying map of botched no-knocks and other SWAT-style raids.

[38special]

...and it's being abused. It was never meant to be SOP, which it has become.

[Wallace T.]

No, but I have driven in New Mexico, where if you have Texas plates, it is best to strictly obey all traffic laws, especially when you leave the southeast corner of the state, known as Little Texas. It is also wise to avoid the reservations and Hispanic dominated towns like Mora, if possible if you have Texas plates and are white.

On another note, during the 1990s, both California and New York made their license plates less conspicuous than had been the case in the past, both going to a standard white plate with blue lettering. I suspect the DOTs in those states heard enough complaints about highway patrol that picked on drivers from those states. Back in the 1980s, I knew a Texas state trooper in Amarillo who made a point of nailing Californians and New Yorkers who used Interstate 40.

[jerry639]

If somebody kicks my door in without first announcing they're a cop, I'm going to start shooting.

You and I feel the same about it.

[Mack the knife]

Hell, it is unlawful to resist arrest even if the cop is completely in the wrong.

---

The point of my previous post is that, when the door busts open, you can't be sure that the intruders ARE police if there is a no-knock warrant served on you by mistake by masked intruders. Since the Castle doctrine says you have no duty to retreat against intruders, you have a mindset to grab your gun and resist.

So there are three kinds of errors that can be made by the homeowner:
1) If they are cops, and you are not sure they are cops, you hesitate to drop your gun -- and you get shot. Survivors are prosecuted for resisting arrest.
2) If they are cops, and you are not sure they are cops, you shoot -- you and some cops get shot. Survivors are prosecuted for resisting arrest.
3) If they aren't cops, and you hesitate to fire - you get shot by the intruders.

On the other hand, if they aren't cops, and you shoot, they probably run away (hopefully wounded), and you survive.

I think I need to ask some questions the next time there is an election of my County Sheriff.

[Scotsman will be Free]

Complex matter. Just some points.
All police agencies are "paramilitary".
This paper is from the Cato Institute, read Libertarian. Libertarians hate law enforcement at all levels.
A warrant can not be obtained based only or mainly on an anonymous informant.
I didn't realize that pepper spray and tear gas(non lethal)were signs of the militarization of a pd.
Cops have to use crooks as informants because criminals aren't likely to tell a pastor or local businessman what their plans are.
Civilian review boards are bad. The people on them are usually grossly ignorant, and many have political agendas.
There may be too many SWAT teams, but I won't take Cato's word for it.
SWAT teams should never be used for "routine" anything. Of course, there are hundreds of dead cops that were conducting "routine" duties when they were murdered.
I agree that drugs should be legalized, but only after society and the courts stop letting people off of the hook for criminal activity committed while they were stoned. "It's not their fault. It was the drugs" is a refrain commonly heard and accepted in court.
When I started as a cop over 30 years ago when you lost a fight you just ended up with your butt kicked, and pride damaged. Before I retired, every cop knew that if he lost a fight he stood a good chance of being murdered. Times have changed.

[Scotsman will be Free]

Would you rather have everyone settling the matter on the street?

[Sam Cree]

"Libertarians hate law enforcement at all levels."

I don't at all think that's really the case. IMO the libertarian position instead is that the "rule of law" is a prerequisite for individual freedom. However it would be safe to say that libertarians hate law enforcement when it is used to destroy the rule of law, which is closer to the point of the article.

[Scotsman will be Free]

Jefferson County Sheriff's Office letting you down?

[Scotsman will be Free]

"Rule of law" yes indeed, except they don't seem to want any laws.

[Castlebar]

You b*st*rd, I was already choking on my pizza reading that post; your tagline made me spit my beer!

[DCBryan1]

Gotcha! LOL! You KNOW DU'ers don't have as much fun as we do.

[Fury]

Law enforcement types going after small time thugs (Bucky Phillips) and shooting dead ATB drivers without helmets

Woah. Bucky Phillips shot a New York State Trooper. The ATV driver you speak of dragged a New York State Trooper for 1/2 mile before the Trooper shot the ATV driver...

Small time thugs?

[eleni121]

Initially the state cops said that the Marine dragged one of theirs for a mile...he then got up and continued his duties. Lies and more lies!

They are lying and they are covering up the death of a Marine hero for simply having a good time.

As for Bucky...millions of dollars and constant harassment of southern tier neighbors in order to catch a petty criminal. Shameful thuggish behavior.

[Sam Cree]

"Rule of law" yes indeed, except they don't seem to want any laws."

A minimum of laws, which is a worthy goal.

[Fury]

Re: #93 - I am interested to see how the matter of the ATV driver being shot ends up after being presented to a grand jury.

As far as Bucky Phillips, we're going to disagree. I look at someone shooting a State Trooper as more than a petty criminal...

[FreedomPoster]

That pretty well nails it. Well done.

[Bear_Slayer]

bookmark for later.

[FreedomCalls]

I agree. If your cat is under their deck, and they put cups of anti-freeze out under their deck, then they are not liable. You need to keep your cat on your property or on property of those who consent. They can just claim they have a vermin problem with skunks, raccoons, or rats and that is why the anti-freeze is there. I can't see any legal violation. In fact, several cities have cat leash laws as silly as that may seem.

[FreedomCalls]

When I started as a cop over 30 years ago when you lost a fight you just ended up with your butt kicked, and pride damaged. Before I retired, every cop knew that if he lost a fight he stood a good chance of being murdered. Times have changed.

Statistics show that you and your friends are wrong in that assumption.

Policemen Killed in Line of Duty (includes fatal traffic accidents)

[clamper1797]

If your cat is under their deck, and they put cups of anti-freeze out under their deck, then they are not liable

i'm sorry ... the law disagrees with you.

From the DA ...

Good morning Mr. (name with held) - I've just read your e-mail sent to me yesterday re: poisoning of cats in your neighborhood. Poisoning cats is cruel, unacceptable, and it is a crime. If animals are being poisoned it must be stopped. I cannot categorically promise anonymity, but I do respect your concern for the safety of your property / family. And we will proceed accordingly. However, we do need your assistance. May I please have a contact number so I can have an officer speak with you.

California Penal Code sections prohibiting cruelty to dogs and certain other animals

Please note that the following code sections are merely some of the California Penal Code sections pertaining to animal cruelty.

Poisoning any animal

596. Every person who, without the consent of the owner, willfully administers poison to any animal, the property of another, or exposes any poisonous substance, with the intent that the same shall be taken or swallowed by any such animal, is guilty of a misdemeanor. However, the provisions of this section shall not apply in the case of a person who exposes poisonous substances upon premises or property owned or controlled by him for the purpose of controlling or destroying predatory animals or livestock-killing dogs and if, prior to or during the placing out of such poisonous substances, he shall have posted upon the property conspicuous signs located at intervals of distance not greater than one-third of a mile apart, and in any case not less than three such signs having words with letters at least one inch high reading "Warning--Poisoned bait placed out on these premises," which signs shall be kept in place until the poisonous substances have been removed. Whenever such signs have been conspicuously located upon the property or premises owned or controlled by him as hereinabove provided, such person shall not be charged with any civil liability to another party in the event that any domestic animal belonging to such party becomes injured or killed by trespassing or partaking of the poisonous substance or substances so placed.

There are NO leash laws in Discovery Bay for dogs or cats. the law is .. if a cat has it's shots and is "fixed" ...it does NOT need to be kept inside