SWAT/Paramilitarization

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Chronicle AM -- March 14, 2014

No legalization for Maryland this year, the ASA national conference is coming soon, Utah (!) passes a package of policing reform bills, welfare drug testing goes down in flames in Indiana, the Swiss ponder cannabis clubs, and more. Let's get to it:

A bill before Utah's governor would begin to rein in SWAT in the Beehive State. Only Maryland has done something similar.
Marijuana Policy

Michigan Activists Plan Slew of Local Reform Initiatives. Marijuana reform activists are planning "a tsunami move in November 2014," with plans to put initiatives aimed at legalizing or decriminalizing possession, use or transfer of small amounts of marijuana on private property by persons 21 or older on the local ballot in at least eight towns and cities, and perhaps a dozen more. The Safe Michigan Coalition, the folks behind successful initiatives in Lansing, Ferndale, and Jackson last year, are also behind this effort.

NORML PAC Endorses Tommy Wells for DC Mayor. NORML PAC, the campaign and lobbying arm of NORML, announced today that it is endorsing Councilman Tommy Wells for mayor of Washington, DC. "Councilman Wells is a passionate crusader for the cause of marijuana law reform," stated NORML PAC manager Erik Altieri, "Wells showed his skill and acumen for the issue when he championed the District's marijuana decriminalization measure, which was overwhelmingly approved by the DC City Council just this month. The District of Columbia would greatly benefit from having his compassion, knowledge, and strong leadership in the mayor's office. Under a Tommy Wells administration, DC will continue to roll back its failed prohibition on marijuana and move towards a system of legalization and regulation."

Maryland Legalization Bill Dies, But Decriminalization Bill Still Lives. A bill that would have legalized marijuana in Maryland, House Bill 880 from Rep. Curt Anderson (D-Baltimore), died for lack of support in committee yesterday, but a decriminalization bill, Senate Bill 364, filed by Sen. Robert Zirkin (D-Montgomery) passed the Senate and is now before the House Judiciary Committee.

Colorado Appeals Court Rules Some Marijuana Convictions Can Be Thrown Out. Some people convicted of possessing small amounts of marijuana can ask for those convictions to be thrown out under the law that legalized recreational marijuana in Colorado, the state's second-highest court ruled Thursday. The Colorado Court of Appeals said people whose cases were under appeal when Amendment 64 on recreational marijuana took effect in December 2012 are eligible to have their convictions reversed. The case is Colorado v. Brandi Jessica Russell.

Medical Marijuana

ASA National Conference in Washington, DC, April 5-7. The country's leading medical marijuana advocacy group, Americans for Safe Access (ASA), formally announced today its second annual Unity Conference, "Navigating Medical Cannabis in the Mainstream," to be held in Washington, DC on April 5-7, 2014. The conference will highlight medical and legal experts, policymakers, and a wide array of workshops and panels focusing on scientific research, strategic planning, and skills building. Click on the links for more details.

Washington Medical Marijuana Regulation Bill Dies. A legislative effort to roll Washington's medical marijuana program into its I-502 legal marijuana system has died at the last minute after House Republicans tried to use it to divert a share of marijuana tax revenue to cities and counties. Senate Bill 5887 sponsor Sen. Ann Rivers (R-La Center) said the bill was doomed by "immovable positions" even after a last-minute push by the governor. The bill would have required existing dispensaries to either get legal under I-502 or close, would have ended collective gardens, and would have reduced the amount of marijuana patients could possess and the number of plants they could grow.

Utah CBD Medical Marijuana Bill Passes Legislature. A bill that would allow children with epilepsy to use CBD cannabis oil has passed the legislature and now heads for the governor's desk. House Bill 105 won final approval in the House Thursday.

Drug Testing

Pre-Job Offer Drug Tests Violate ADA, Federal Court Rules. Pre-offer drug tests to determine the use of both legal and illegal drugs violates the Americans with Disabilities Act's (ADA) prohibition on pre-offer medical inquiries, a federal court in Pennsylvania ruled last week. The ADA contains an exception for tests solely "to determine the illegal use of drugs," but the court held that the urine drug screens qualified as medical exams because they tested not just for drugs but also for other medical purposes. The case is EEOC v. Grane Healthcare Co. and Ebensburg Care Center, LLC, d/b/a Cambria Care Center.

Indiana Welfare Drug Testing Bill Dies on Ties Vote in Senate. A bill to drug test welfare recipients suspected of using drugs died last night on a dramatic tie vote in the Senate. Senate Bill 1351 had already passed the House by a margin of 81-17, but Senate opponent said the measure unfairly targeted poor people and that other states that have adopted such programs have found they were not cost effective.

Law Enforcement

Utah Legislature Passes Policing Reform Bills. Three bills to impose some controls on law enforcement have been sent to the governor's desk in Utah. House Bill 70 originally would have limited the use of "dynamic entry" search warrants to situations involving violent crime, but was watered down. It still, however, imposes some restrictions on such searches. Senate Bill 185 would require police agencies with SWAT teams to report on why and how often they are used. Only Maryland has approved a similar law. And House Bill 185 requires police to obtain a warrant before searching the contents of a cell phone, including bulk data collection through technologies like Stingray.

Drugged Driving

Drugged Driving Bill Passes Vermont House. A bill that makes it easier for police to charge drivers with drugged driving passed the House Thursday. House Bill 501 changes existing law to use the same definition of "under the influence"of drugs as has been established for alcohol. Under current law, drugged driving can only be proven if someone drives unsafely, but the proposed law would change that to enable a conviction "when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug." The state Supreme Court has held that any drug presence constitutes "under the influence." The bill now heads to the Senate.

International

Swiss Cities Consider Backing Cannabis Clubs. Municipal governments in at least five Swiss cities are considering plans to allow "cannabis clubs" or user associations. Local governments in Basel, Bern, Geneva, Lausanne, and Zurich are contemplating the move, with Geneva taking the lead. A working group will present a final proposal to authorities in June, but the move would require changes in federal law.

British Deaths From New Synthetics "Inflated," Former Drug Advisors Say. The National Program on Substance Abuse Deaths (NSPAD) reported 68 deaths in 2012 from the use of "legal highs" or new synthetic drugs, but two former government drug advisors say that figure includes many deaths from substances that "are already illegal, not new, and/or not psychoactive." Professor David Nutt and Dr. Les King of the Independent Scientific Committee on Drugs said only 11 of the 68 deaths actually occurred with new synthetics. "What is certain is that if the current government review of legal highs is to be taken seriously and lead to health improvements then there must be a proper definition of terms and improved data collection," they said. "Moreover the data must be properly and independently audited so the effects of any change in the law can be properly evaluated."

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Suspect Killed, Four SWAT Officers Wounded in Indianapolis Drug Raid Shootout

A drug suspect was killed and four SWAT officers were wounded Wednesday night when police in Indianapolis raided a Near Eastside home on a drug warrant. Andrew Sizemore, 27, becomes the 10th person to die in US domestic drug law enforcement operations so far this year.

http://stopthedrugwar.org/files/andrew-sizemore-200px.jpg
Andrew Sizemore (IMPD)
According to The Indianapolis Star, citing police sources, SWAT officers were serving a search warrant on a suspected drug operation when they were met by gunfire. Police shot back, killing Sizemore.

None of the injured officers were seriously wounded, and three had been released from the hospital by early Thursday.

Police said they seized heroin, 13 guns, and $120,000 in cash inside the house. Five people inside the house were arrested. Three were arrested for "visiting a common nuisance," while one was arrested on drug dealing charges and another was detained with no charges specified. Police also confiscated four vehicles.

The house was protected by surveillance cameras, which could have alerted occupants to the raiders' presence.

"That put our officers at a disadvantage, but they overcame it," said Indianapolis Public Safety Director Troy Riggs said, adding that the shootout could be a harbinger of things to come as police go after criminals. "None of us want these things to happen," Riggs said, "but at the end of the day with the the aggressiveness with which your police department is going after those who are committing criminal acts, this is always a possibility."

In a follow-up story, The Star reported that as word of Sizemore's death spread Thursday, friends and family members created a small shrine in his honor, leaving stuffed animals, flowers, a can of energy drink, a snack cake, and a candle. One sign on the shrine said: "RIP, Drew. We Love and Miss You." Another read: "There was no reason for him to die."

Sizemore had no criminal record except for an arrest for trespassing when he was 19.

The Star also reported that some neighborhood residents "were leery to comment" and "some were even hostile to reporters seeking information about the neighborhood and the people who lived in the house."

Indianapolis, IN
United States

Chronicle AM -- February 18, 2014

Marijuana legalization is unlikely to come to California this year, ditto for Missouri, ditto for medical marijuana in Iowa. Meanwhile, a SWAT reporting bill is moving in Utah, Singapore is censoring a pot reform web site, and more. Let's get to it:

Marijuana Policy

Big Players Will Wait Until 2016 for California Legalization Initiative. The Los Angeles Times reported today that a deep-pocketed marijuana reform coalition including the Drug Policy Alliance had decided not to move forward this year with an initiative to legalize the weed in the Golden State. Instead, the coalition will aim at 2016. That means marijuana legalization will most likely not be on the ballot in California this year. Three other legalization initiatives have been filed, but two of them appear to lack the funds to complete expensive signature gathering efforts -- 504,000 signatures are needed by April 18 -- and the third has yet to be cleared for circulation.

Colorado Judge Denies Injunction in Marijuana Advertising Lawsuit, Suggests Retailers, Not Magazines, Have Standing. A US District Court judge in Colorado has denied a request from High Times and Westword to issue an injunction blocking the state from implementing regulations that limit marijuana advertising in magazines to those who can show that fewer than 30% of their readers are minors. Judge Marcia Krieger suggested the magazines lack standing to bring their lawsuit, writing that "the regulations in question do not address conduct by the Plaintiffs -- who are publishers. Instead, the regulations limit conduct by advertisers -- i.e, retail marijuana establishments. Thus, it is retail marijuana establishments who seek advertising who are directly affected by enforcement of the regulations." Still, Krieger is giving the magazines until March 7 to make further arguments.

Missouri Legalization Activists Decide to Wait for 2016. Citing recent poll numbers showing support for legalization in Missouri at less than 50%, Show-Me Cannabis has announced that "it would be wise to wait for the presidential election in 2016 to launch an initiative campaign." The group said it would continue to work on building public support in the meantime.

Medical Marijuana

Washington House Passes Bill to Tighten Up on Medical Marijuana Under Legalization. The Washington House passed House Bill 2149 on a 67-29 vote Monday. Sponsored by Rep. Eileen Cody (D-Tacoma), the bill would reduce the amount of marijuana and plants a patient could possess, do away with collective gardens, and establish a patient registry. It's part of an effort to "realign" the state's medical marijuana law with the state's marijuana legalization law, but is not popular with patients. Similar legislation is moving in the state Senate.

Minnesota Poll Has Narrowest of Majorities for Medical Marijuana. A Minneapolis Star Tribune Minnesota Poll released Tuesday has support for medical marijuana at 51%, with 41% opposed. It also had 63% opposed to marijuana legalization. A bipartisan group of lawmakers is expected to push for medical marijuana later this month.

Iowa Medical Marijuana Bill Dead on Arrival. State Sen. Joe Bolkcom (D-Iowa City) filed a medical marijuana bill, Senate File 2215, Tuesday, but immediately declared it dead, saying it had received no support from Republican legislators.

Law Enforcement

Utah Bill Would Require SWAT Reporting. A bill that would require Utah law enforcement agencies to report on how and how often they use their SWAT teams has unanimously passed out of the Senate Judiciary, Law Enforcement and Criminal Justice Committee Tuesday. Senate Bill 185 now heads for a Senate floor vote. If the measure passes, Utah would become the second state, after Maryland, to impose such requirements on SWAT teams.

International

Argentine Security Secretary Supports Uruguayan Marijuana Legalization Model. Argentine Security Secretary Sergio Berni has said he supports the Uruguayan model. In a radio interview, he said his "personal" opinion was that he "would agree if the whole chain was decriminalized, from production to consumption" and that "decriminalizing consumption is not effective enough."

Singapore Censors Marijuana Reform Website. Singapore's Media Development Authority (MDA) has told the owners of a marijuana reform website to shut it down by Wednesday. The web site has been shut down, but the companion Singapore Cannabis Awareness Facebook page remains up. The website was found to be "objectionable" by the Central Narcotics Bureau because it "promotes or tends to promote the use of a prohibited substance." Activists in Singapore said they had temporarily unpublished the page "pending a total website review to ensure our website meets the Internet Code of Practice," but they vowed to be back.

Dutch Justice Minister Reiterates Opposition to Legal Marijuana Cultivation. Dutch Justice Minister Ivo Opstelten said Tuesday he remains opposed to legalizing and regulating marijuana cultivation, saying instead that he favored treating it as a crime and a nuisance. This after the mayors of three dozen Dutch cities signaled the want to experiment with legal production in a bid to solve the country's "back door problem," where cannabis cafes are allowed to sell small amounts of marijuana, but have no legal source of supply.

Chronicle AM -- December 9, 2013

A West Virginia man gets a first degree murder charge in his wife's accidental drug death, a Utah "Good Samaritan" overdose bill is moving, some US senators grumble about Zohydro ER, and we have a pair of stories about opiates in India. And more. Let's get to it:

Zohydro ER
Marijuana Policy

Massachusetts High Court Rules against Prosecutors in Small-Time Marijuana Cases. Possession of up to an ounce of pot is decriminalized in Massachusetts, even if that less-than-an-ounce amount is divided up in separate baggies. The state Supreme Judicial Court ruled last month that possessing small amounts of marijuana in separate baggies is not sufficient evidence to charge someone with possession with intent to distribute. Prosecutors are grumbling.

Harm Reduction

Utah "Good Samaritan" Drug Overdose Bill Moving. A bill that would provide limited criminal immunity for people who report a drug overdose has passed the Criminal Justice Committee and will be taken up by the full legislature when it reconvenes next month. The bill is sponsored by Rep. Carol Spackman Moss (D-Holladay) and has the backing of harm reductionists and the Utah Statewide Association of Prosecutors alike. There were more than 500 drug overdose deaths in Utah last year.

Law Enforcement

COPS Program Worried About Police Militarization. Cop-watcher Radley Balko notes that the monthly newsletter of the Justice Department's Community Oriented Police Services (COPS) program is raising the alarm about the militarization of policing in the US. Balko cites a warning from COPS program senior policy analyst Karl Bickel: "Police chiefs and sheriffs may want to ask themselves -- if after hiring officers in the spirit of adventure, who have been exposed to action oriented police dramas since their youth, and sending them to an academy patterned after a military boot camp, then dressing them in black battle dress uniforms and turning them loose in a subculture steeped in an 'us versus them' outlook toward those they serve and protect, while prosecuting the war on crime, war on drugs, and now a war on terrorism -- is there any realistic hope of institutionalizing community policing as an operational philosophy?"

West Virginia Man Faces First Degree Murder Charge in Wife's Drug Overdose Death. Prosecutors have charged a Roane County man with first degree murder in the accidental drug overdose of his wife. Todd Honaker thought he was buying LSD, but instead gave his wife the synthetic drug 25b-NBOMe ("N-bomb"). The man who supplied the drug has been charged with delivery of a controlled substance. It's not clear why Honaker is facing such severe charges.

Pain Pills

Four Senators Scold FDA on Zohydro Approval. Four US senators have sent a letter to the FDA saying they disagree with its decision to approve Zohydro ER, a long-acting version of the pain reliever hydrocodone. Sens. Kirsten Gillibrand (D-NY), Dianne Feinstein (D-CA), Amy Klobuchar (D-MN), and Joe Manchin (D-WV) said the decision "will only contribute to the rising toll of addiction and death" caused by the misuse of prescription drugs. Zohydro can be crushed and snorted by people seeking a strong, quick high, which the senators called "irresponsible." [Ed: As the item immediately below about pain control in India demonstrates, poorly conceived control measures can and do have a devastating impact on the lives of pain patients who end up under-medicated or un-medicated. We have this problem in the US too. Other measures than bans are needed to address prescription drug misuse -- the FDA was right to approve Zohydro.]

International

Less Than 4% of Indians Suffering From Chronic Cancer Pain Have Access to Morphine. Legal restrictions on access to opioid pain medications leave millions of Indians suffering from severe and chronic pain without access to relief, leading to an "epidemic of pain in India." Ironically, India produces 99% of the global supply of licit opium, most of which it exports.

Indian Authorities Warn of Rising Opium Cultivation in Northeast. Illicit opium production is on the rise in states such as Manipur and Nagaland, Indian drug experts said at a Saturday conference in Guwahati. Cultivation was increasing both as a cash crop and for personal consumption, the experts said. In some villages, between 60% and 90% of families were growing opium, they said.

Armed Drug Suspect Killed in Houston SWAT Raid

A drug suspect was shot and killed by a member of a Houston Police Department SWAT team early Wednesday. The as yet unnamed man becomes the 30th person to die in US domestic drug law enforcement operations so far this year.

According to the Houston Chronicle, which cited police sources, SWAT team members were executing a narcotics search warrant at dawn in northeast Harris County when they encountered the man, described as a Hispanic in his 40s or 50s. As SWAT members entered the home from the side and front, "the suspect produced a handgun when confronted and was shot by a member of the team." The shooter was identified as Houston Police Officer SJ Hamala.

The dead man was one of four people named in the warrant. The other three were not found at the residence and remain at large.

Police said they used a SWAT team to conduct the raid because they had information the suspect had many weapons in his home.

At last report, narcotics officers were on the scene and conducting an investigation. No word yet on what, if anything, was seized.

Houston, TX
United States

Big Payout in Drug Raid Killing of Ex-Marine

An Arizona county and several towns will pay big-time for the killing of homeowner Jose Guerena in a 2011 SWAT drug raid. The jurisdictions will pay $3.4 million to his widow to settle a lawsuit she filed after his death, the Associated Press reported last Thursday.

Jose Guerena
Guerena was gunned down in the hallway of his home by invading SWAT officers as he crouched defensively with an AR-15 in his hands. Five SWAT officers fired 72 shots at him, hitting him 22 times and killing him on the spot.

He had returned early that morning from working an overnight shift at the ASARCO mine, and was asleep in bed when his wife warned him that armed assailants were surrounding the house. He instructed his wife and four-year-old son to hide in a closet while he grabbed his rifle and went to confront the intruders. Police initially claimed he fired first, but that turned out not to be the case.

The case became a cause célèbre for critics of aggressive police tactics, even roiling the waters of the local Republican Party. A Google search for "Jose Guerena" now returns more than 62,000 hits.

His widow filed a $20 million lawsuit against Pima County and the towns of Marana, Sahuarita, and Oro Valley, all of which had officers on the SWAT team. She alleged that the SWAT team acted negligently throughout, beginning with the signing of the search warrant and extending to the period after Guerena was shot, when police left him lying on the floor for more than an hour before allowing medical treatment to begin.

Pima County prosecutors could find no fault with the raid or the SWAT team.

"Under the circumstances, and based upon our review of all the available evidence, we have concluded that the use of deadly force by the SWAT Team members was reasonable and justified under the law," ruled Pima County District Attorney Barbara LaWall. "Accordingly, the Pima County Attorney's Office finds no basis to prosecute," she concluded in her report.

Tucson, AZ
United States

Chronicle Book Review: Rise of the Warrior Cop

Rise of the Warrior Cop: The Militarization of America's Police Forces, by Radley Balko (2013, Public Affairs Press, 382 pp., $27.99 HB)

Whatever happened to Officer Friendly? You may recall that program, designed to improve police-community relations by acquainting children and young adults with law enforcement officers and explaining to them that police were their friends and were there to help. It was popular in the 1960s, but largely died out by the 1980s, although vestiges remain at a few police departments scattered around the country.

There may still be a smiling Officer Friendly on the force somewhere these days, but you wouldn't know it, because he's all dressed up in paramilitary gear, looking like an Imperial Storm Trooper, and that smiling face (if it exists at all) is hidden behind the darkened visor of his riot helmet.

To be sure, Officer Friendly was always a public relations effort. Even back in the halcyon 1960s, his friendliness toward you was largely determined by your net wealth, your neighborhood, and your race. But back then, we still had a working Fourth Amendment and we didn't have the war on drugs at least the drug war that we have today. We didn't have SWAT teams marauding across the landscape. And if not all police officers were really friendly, at least they looked like normal human beings, not winners of a Darth Vader look-alike contest. [Ed: Most police officers aren't on SWAT teams and don't dress like Darth Vader -- but you know what we're saying.]

Written by veteran investigative journalist Radley Balko, who's been covering the drug war, policing, and criminal justice beat for years at places like Reason magazine, the Cato Institute and Huffington Post, Rise of the Warrior Cop explains what happened. It's a long story whose origins go back to colonial days, but in Balko's hands, an entertaining and illuminating story -- as well as depressing and frightening -- told with verve and gusto, meticulously researched, and filled with telling historical detail.

Balko traces the origins of policing back to the colonies and exposes the tension between fears of a standing army and the need for an effective force to maintain public order. He shows how the values (and fears) of the Founding Fathers were expressed both in the Castle Doctrine ("a man's home is his castle") and the Bill of Rights, whose 3rd Amendment forbade the stationing of troops in private homes in peacetime and whose Fourth Amendment protected persons and their homes from government intrusion without a warrant.

Balko's telescoping work brings us rapidly to the dawn of the contemporary period a half-century ago, when rising crime rates and social disorder sparked heightened public concern and increased willingness by the public and the men in blue to resort to ever more repressive and aggressive policing measures to stem the tide of anarchy unleashed by pot-smoking hippies, anti-war activists, and uppity blacks.

And if you want to put a face on the militarization of American policing, Balko has just the man for you: former LAPD Chief Darryl Gates, advocate of professionalized law enforcement, creator of the first SWAT team and proponent of harsh measures against drug users -- he told Congress they should be executed. Gates was first out of the blocks with SWAT, but in the years since then, SWAT teams popped up first in other big cities, then in medium-sized cities, and then in smaller towns and cities across the country.

Originally designed to be used in rare situations involving the need for special weapons and tactics (Special Weapons And Tactics, SWAT), such as riots like the one that swept Los Angeles in 1965 and hostage situations, such as the shootout involving the Symbionese Liberation Army, the group who kidnapped Patty Hearst, in 1974, Balko details how SWAT has undergone "mission creep." From being used rarely and only in the most extreme circumstances in the beginning, SWAT teams now are deployed dozens of times a day, tens of thousands of times a year, and are routinely used against low-level, nonviolent drug offenders.

The application of such aggressive policing gets people killed, including both cops and innocent citizens, as well as criminals. As he guides the reader through recent history, we revisit ugly scenes that regular Chronicle readers may recall, and some that many have doubtless never heard of. The litany of needless deaths because of law enforcement overkill is infuriating -- and terrifying.

Of course, police alone did not militarize themselves. Politicians, especially those trying to win votes playing the "law and order" card, encouraged, enabled, and emboldened police. And, as Balko brilliantly shows, the imperatives of the drug war were a key motivator for political leaders like Richard Nixon, Ronald Reagan, and George Bush the Elder, all of whom expanded and deepened the war on drug users and sellers largely for political gain.

The flip-side of the undeniable militarization of American policing is the steady erosion of the Castle Doctrine and the Fourth Amendment. Balko does a real service by detailing a line of Supreme Court decisions dating back decades, but really beginning to bite in the past 30 years, that successively eroded Fourth Amendment protections. While aimed, of course, at only the worst criminals, the loss of those protections is suffered by all of us.

It really seems like America is degenerating into a variety of police state, with peaceful demonstrators confronted by police riot squads, "no-knock" raids that seem more in place in a war zone than in an American city, a cornucopia of federal dollars and surplus military equipment turning every Barney Fife into Robocop. In addition to the imperatives of the drug war, police militarization has only been heightened by our now more than decade-long War on Terror.

But Balko sees some hopeful signs. He credits the rise of social media for casting a glaring light on police abuses and ensuring that the evidence is widely circulated. He notes that enthusiasm for the drug war is lagging and skepticism about government is growing. And he charts the beginnings of a path back to an America where the police are peace officers.

"The best reform to scale back the overly militarized, dangerously civil-liberties averse style of policing that prevails in this country would be to end the drug war all together," he writes, while acknowledging that's not very likely. But barring the end of drug prohibition, the federal government could at least end the federal drug war and the federal incentives to militarized policing. No more federal taxpayer dollars for local police funding, no more Byrne Grants to fund those cowboy drug task forces, no more surplus military equipment to turn local police into occupying armies (at least in certain neighborhoods).

Beyond that, local officials can work to halt the "mission creep" that has seen SWAT go from riots and hostage situations to raiding poker games and bars serving underage drinkers, or doing "administrative searches" of unlicensed barbers, as happened in Miami. And does the Department of Education really need its own SWAT team? And, as Maryland did after the infamous SWAT raid on Berwyn Heights Mayor Cheye Calvo, states can start demanding transparency and accountability from police commanders in the way they deploy such specialized units.

Rise of the Warrior Cop is an important book and deserves to be read by small government conservatives, civil libertarian liberals, police commanders, and politicians alike.  Balko makes a very strong case that the status quo is a threat not only to our liberties and our way of life, but to the very values on which the country was founded.

After reading Rise of the Warrior Cop, I'm in a bad mood. Some of the people responsible for this militarization of our police, like Darryl Gates, Richard Nixon, and Ronald Reagan are already burning in hell where they belong. Others, like Bush the Elder drug czar Bill Bennett, who also called for the death of drug users, civil liberties be damned, are not there yet, but deserve to be. Still others, like Joe Biden and a majority of the Supreme Court, are currently serving in some of the highest offices of the land. I guess I better not say what I think of them. I don't want to be visited by a SWAT team.

Massachusetts SWAT Team Kills Armed Man in Drug Raid

Members of a Massachusetts SWAT team serving a search warrant in a pre-dawn drug raid Wednesday in the town of Orange shot and killed the apartment resident after he allegedly confronted them with a weapon. Corey Navarette, 23, becomes the 20th person to die in US domestic drug law enforcement operations so far this year, and the fifth in the past two weeks.

According to the Boston Globe, relying on police sources, members of the State Police Special Tactical Operations Team (STOP), a paramilitarized SWAT-style unit, shot and killed Navarette around 5:00am as they tried to search his apartment. When troopers entered the apartment, He "pointed an assault rifle at them and refused commands to submit," said State Police spokesman David Procopio. "A trooper or troopers discharged service weapons in response and struck the suspect."

Navarette was given first aid at the scene, but was later pronounced dead at a local hospital. A 25-year-old woman who also lived in the apartment "suffered an eye injury" during the incident, the Globe noted without further elaboration.

Procopio did not reveal whether it was a "no-knock" search, where police make forcible entry with little or no notice, but he did say the STOP team was deployed because "detectives had direct and credible intelligence that the suspect had indicated that he had firearms and would use them," Procopio said.

The two-story Mechanic Street property where the apartment was located has been on the radar of police for some time. In November 2011, a resident shot another man with a handgun hidden in the apartment. In May, police raided the building, seizing heroin, a scale, packaging materials, and five shotguns, and arresting the building manager.

The use of deadly force by state troopers is under investigation by Northwestern District Attorney David E. Sullivan.

Orange, MA
United States

SWAT Team Kills Armed Homeowner in Dawn Drug Raid

An armed West Virginia homeowner who confronted dawn police raiders with a rifle was shot and killed by State Police officers Wednesday. Richard Dale Kohler, 66, becomes the 18th person to die in US domestic drug law enforcement operations so far this year, and the third in less than a week.

According to the West Virginia Gazette, State Police spokesman Sgt. Michael Baylous said officers from the State Police special response team and DEA agents knocked on the door of Kohler's home at 6:05am. to serve a federal warrant. The newspaper described the special response team as "akin to a SWAT team."

Officers knocked on the door, Baylous said, but no one answered, so police "had to break down the door or forcefully open it somehow." Baylous gave no indication of the amount of time that elapsed between the initial knock on the door and police breaking it open.

When police break down the door, they saw Kohler pointing a rifle at them, Baylous said. The troopers opened fire, shooting multiple rounds and killing Kohler. Baylous said he did not think Kohler had fired his weapon, but it was still unclear.

Baylous said the warrant police were executing was part of a larger, ongoing drug investigation with multiple suspects. He would not comment further on the nature of the investigation, except to say that the DEA division involved was one that focused primarily on prescription drugs.

A neighbor told WSAZ TV that she had seen unusual amounts of traffic going to and from Kohler's home, but that she was surprised to hear he even had a gun.

"I mean, I can't see him just open fire like that, but you know when all that comes after you, you never know what somebody's going to do," Christina Murdock said.

Clay , WV
United States

Missouri Man Killed After Firing at Police in Drug Raid

A Warrensburg, Missouri, man was shot and killed by police executing a drug search warrant last Thursday night. Beau Appleton, 57,becomes the 10th person to die in US domestic drug law enforcement operations so far this year.

According to local media reports, members of the Warrensburg Police Department's Special Emergency Response Team (SERT) went to Appleton's home to serve a drug search warrant. He "apparently" fired a shotgun at the SERT team as its members entered the residence. Police then opened fire, killing Appleton.

No further details on the shooting were available. Police have not said whether any officers were injured in the incident.

Police said they seized drugs, drug paraphernalia, and firearms, but have not released more specific information.

While the extent of Appleton's criminal history isn't clear, records show he was arrested for drunk driving in Illinois in 2011 and again for driving without a drivers' license in Missouri in February.

The Missouri State Highway Patrol is investigating the shooting at the request of the Warrensburg Police.

Warrensburg , MO
United States

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School