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Police Raids

Police Who Steal From Drug Suspects Are Charged With Theft of "Government" Property

The drug war has a rather tragic tendency to turn police into perps. Our ability to run a weekly feature with the latest news on domestic drug war corruption is just one example of the ubiquity with which law-enforcement becomes complicit in the very activity they are responsible for preventing.

Inevitably, when one hears about a police officer being sentenced to jail time, you simply know that their crimes were drug war-related:
On one occasion, prosecutors said Silva acquiesced while Kasperzyk improperly relocated confiscated narcotics during a drug raid to solidify a case against a suspect. Another time, prosecutors said Kasperzyk stole $1,000 confiscated during a drug raid and later gave $500 to Silva. Silva kept the money and did not report the theft, prosecutors said.

Kasperzyk has pleaded guilty to theft of government property and a civil rights conspiracy. He is scheduled to be sentenced in March. [Hartford Courant]
So if police steal during a drug raid, they're charged with robbing the government, not the suspect. It is often literally impossible for a drug suspect to be robbed by police, because their property ceases to belong to them once police start grabbing at it. Whether it ends up in an evidence bag or an officer's pocket, it's all the same to the innocent-until-proven-guilty drug suspect.

Isn't it interesting that the government maintained its ownership of the property here even though the arresting officers turned out to be liars and thieves? Even when police are found guilty of planting and stealing evidence, the government still keeps the fruits of their felonious labor. Anyone presiding over a policy such as this has no business enforcing laws against theft in the first place.

How can government possibly expect moral accountability from agents who are trained to steal on its behalf?

As We Mark the Anniversary of the Killing of Kathryn Johnston, Poll Commissioned by DRCNet (StoptheDrugWar.org) Finds Little Support for SWAT-Style Drug Raids in Most Cases

(Visit http://stopthedrugwar.org/policeraids for further information on our poll and positions on this issue as well as links to further information.) A year ago this week, 92-year-old Kathryn Johnston was gunned down by Atlanta narcotics officers when she opened fire on them as they kicked down her door in a "no-knock" drug raid. The killing has had immense reverberations in the Atlanta area, especially since it opened a window on corrupt and questionable police practices in the drug squad. The officers involved told a judge they had an informant who had bought crack cocaine at Johnston's home. That was a lie. They shot at the elderly woman protecting her home 39 times after she managed to squeeze off one shot from an old pistol. They handcuffed her as she lay dying. They planted marijuana in her basement after the fact. They tried, also after the fact, to get one of their informants to say he had supplied the information, but that informant instead went to the FBI. Two of the officers involved in the killing were ordered to prison this week on involuntary manslaughter and civil rights violations. A third has an April trial date. The Johnston killing has also rocked the Atlanta Police Department. The police chief disbanded the entire drug squad for months, tightened up the rules for seeking search warrants, especially "no-knock" warrants, and instituted new policies forcing narcotics officers to rotate out on a regular basis. A year-long FBI investigation into the department continues. While the Johnston killing rocked the Atlanta area, it also brought the issue of aggressive drug war police tactics to the forefront. Each year, SWAT teams across the country conduct some 40,000 raids, many of them directed at drug offenders. The tactic, where heavily armed police in military-style attire break down doors, toss flash-bang grenades, and generally behave as if they are searching for insurgents in Baghdad, has become routine, and is the stuff of various TV reality shows. But, somewhat surprisingly, it isn't popular. According to a poll question of 1,028 likely voters commissioned by StoptheDrugWar.org (DRCNet), and conducted by Zogby International in October, a solid majority of respondents said such tactics were not justified for routine drug raids. Here is the exact question asked: "Last year 92-year old Kathryn Johnston was killed by Atlanta police serving a drug search warrant at an incorrect address supplied by an informant. Reports show that police use SWAT teams to conduct raids as often as 40,000 times per year, often for low-level drug enforcement. Do you agree or disagree that police doing routine drug investigations in non-emergency situations should make use of aggressive entry tactics such as battering down doors, setting off flash-bang grenades, or conducting searches in the middle of the night?" Nearly two-thirds -- 65.8% -- said police should not routinely use such tactics. With minor variations, that sentiment held across all geographic, demographic, religious, ideological, and partisan lines. Opposition to the routine use of SWAT tactics for drug law enforcement ranged from 70.7% in the West to 60.5% in the East. Residents of large cities (60.7%), small cities (71.2%), the suburbs (66.7%), and rural areas (65.0%), all opposed the routine use of SWAT tactics. Among Democrats, 75.1% opposed the raids; among independents the figure was 65.5%. Even in the Republican ranks, a majority -- 56% -- opposed the raids. Across ideological lines, 85.3% of self-identified progressives opposed the raids, as did 80.8% of liberals, 62.9% of moderates, and 68.9% of libertarians. Even people describing themselves as conservative or very conservative narrowly opposed the routine use of SWAT tactics, with 51.5% of the former and 52.5% of the latter saying no. This polling data will be the basis for a Drug War Chronicle article on Friday. We will dig a little deeper into the data, as well as the larger issue of SWAT raids for the Chronicle article. In the meantime, we have some very interesting numbers to chew on, and some public policy consequences to ponder. Our poll also received coverage on FoxNews.com this morning.

Wrong Door Drug Raid Disrupts Family Dinner

Q: What's more annoying than solicitors ringing your doorbell during dinner?

A: Cops busting your door down, pointing guns at you, and then realizing they're in the wrong place.
Diana El-Bynum says both she and her husband were handcuffed and were humiliated in front of their neighbors. She says she can't believe the police could have made a mistake like this. Inspector Horne says this type of mistake doesn't happen often and accounts for a small percentage of the thousands of operations they do a year. In this case, he says surveillance officers didn't give an address of the home they were targeting. [FOX Philadelphia]
What kind of excuse is that? If you don’t have an address, don't do the raid, silly.
"They gave a physical description, house with a black storm door, in front of the residence was a pick up truck. Unfortunately there was a house 5 doors away that had a black storm door with pick up in front. The officers didn't have time to determine which house was which," said Inspector Horne.
Considering how many people die in these raids, maybe they should make time. But at least they made a half-assed apology:
Inspector Horne said "On behalf of the Philadelphia Police Department and the Narcotics Strike Force, I'm totally willing to apologize for the efforts, the mistake. The overall intent was to eradicate drugs from the neighborhood."
So because the intent was to eradicate drugs, should we be tolerant of this sort of incompetence? Is that what he's saying? Again, people get killed when police raid the wrong house, so it's actually a really big deal. I just don't know what else to say about this. They didn't even have an address this time.

Meanwhile...

Meanwhile, the DEA raided at least six medical marijuana dispensaries in LA. Nice timing, DEA, on behalf of patients everywhere (especially in Los Angeles), thank you for your blind obedience to cruel authority. I'm going to put in another link to the letter I received from a medical marijuana patient this week. It's been pushed down by the flurry of posts tonight, but it deserves to be read.

Oops, Wrong House. Sorry We Threw Grenades and Kicked You in the Crotch.

Via Radley Balko, yet another wrong address drug raid disaster:

This one's got it all. Terrified immigrants who don't speak English, a roughed-up pregnant woman, a man kicked in the groin, another woman with a heart condition, flashbang grenades, and assurances from the cops that this kind of thing happens "not very often." Fortunately no one was killed. Only terrified.

The police never contacted the landlord of the residence to verify. And when they raided the "right" address, the place was empty.

Of course, throwing grenades and kicking people in the nuts are highly questionable activities even when police invade the correct location. This issue goes way beyond just getting the address correct. Even when the police get it right, anyone inside is innocent until proven guilty, and should never be brutalized arbitrarily. When police conduct becomes remarkably similar to that of dangerous criminals, we've got a major problem on our hands.

As Radley so often points out, the purpose of these raids is to stop people from getting high, which isn't a legitimate or achievable goal to begin with. The failure of prohibition is never more obvious than when police enter the homes of innocent people and beat or kill them in order to protect us all from drugs.

Atlanta Police Nearly Killed 80-Year-Old Woman Two Months Before Killing Kathryn Johnston

It has now been reported that a mere two months before killing 92-year-old Kathryn Johnston, Atlanta police conducted a very dangerous, similar raid on the home of 80-year-old Frances Thompson. The supposed drug dealer, named "Hollywood," didn't live there. (Read more about it on Radley Balko's The Agitator blog, the most continuous source of information on the problem of SWAT teams/paramilitarization of policing.) You'd think the Atlanta police would learn from one experience and take the steps needed to avoid making the same mistake. Then again, you'd think police nationally would learn when people wind up dying in these raids. But they keep doing it over and over and over...

What Do Cops Think About the Atlanta Indictments?

What do police officers have to say about the indictment of three Atlanta police officers -- two of whom have now pled guilty -- in the murder of Kathryn Johnston? Well, not much.

Officer.com has a thread on this topic, which consists primarily of debate over the facts of the case. There are a few factually incorrect statements, and several corrections, but what you won't find is any substantive discussion of the systemic drug war corruption that made this tragedy inevitable.

The only exception is this comment from the ubiquitous Howard Wooldridge of LEAP:
The 'facts' will probably always remain murky. I blame the Drug War for the entire incident and grandma was simply more collateral damage. This is far f/ the first oops which caused death and won't be the last. Until we become as wise as our grandparents and end this New Prohibition, our profession will continue to suffer, as does the community we protect. Someone tell me one advantage, one good outcome of this policy after we have spent a trillion taxpayer dollars and arrested some 36 million people...Hiway Howie
Sadly, no one even responds to Howard. It is really quite disappointing to find that one of the most shocking revelations of police misconduct in recent years provokes such shallow discussion from law-enforcement officers.

Until police take interest in the numerous lessons to be learned from such tragedies, the list will just continue to grow.

The Drug War Rules Til It Comes For Your Friends

I found two different stories this month about law-enforcement insiders tipping off friends prior to a drug raid. It certainly is revealing to see folks become suddenly concerned when the drug war targets someone they know.

This one involves a dispatcher who warned friends of an upcoming raid on another friend's home. Officers became suspicious after finding nothing during the search.

Another involves a prosecutor who tipped off a relative about an upcoming raid, then turned himself in and resigned after realizing the severity of his actions.

Basically, this guy put people in jail for a living, only to freak out and destroy his own career the moment the drug war touched his family. It's a startling change of heart, but I suspect many drug war participants would do the same. The callousness and brutality of the war on drugs becomes vivid and sickening once you're forced to confront the humanity of its victims.

Oddly, both incidents prompted accusations of endangering police:
Joliet Police Chief Fred Hayes said calling off the operation averted a potential disaster. The prosecutor's relative was "an associate" of the target of the operation, and the target learned of it, Hayes said.

"I think the state's attorney's office handled it very professionally and expeditiously," Hayes added, saying the supervisor's quick action might have prevented officers from being placed in serious jeopardy.
One must scrupulously avoid rational thinking in order to reach this conclusion so effortlessly. Does anyone really think the suspect would wait around and try to fight the police? If anything, the tip makes the raid safer because (1) the suspect will have removed all evidence and has no cause for desperation, and (2) the suspect knows it's a raid rather than an armed robbery.

The average drug dealer ain't Tony Montana jacked on blow ready to take on the world with an M-16. Anyone homicidal/suicidal enough to choose an optional fight with the SWAT team is probably already up in the proverbial bell-tower. Nobody would risk their career to warn someone like that anyway.

Yeah, I know it's the drug war, but can we stop to think for just one minute? I'll count to 60. Let me know what you come up with.

Cory Maye Catastrophe Copied in Canada

Basile Parasiris is the latest seemingly innocent person to fire on police who he mistook for burglars during a drug raid on his home. He's now charged with 1st degree murder among other things, for the apparent act of attempting to defend his family. From The Montreal Gazette:
Lawyer Frank Pappas said his client was trying to defend himself and his family when he grabbed a loaded gun and shot Laval Constable Daniel Tessier - whom Parasiris mistook for a crazed thief.

"If he would've believed it was the police, do you think he would have taken them on?" Pappas said in an interview. "They have more firepower than him."
…
According to Pappas, police didn't find anything in the Parasiris home.

"There was no body, no drugs, no large quantities of firearms," he said. "They may have found one or two pills of Viagra that he didn't have a prescription for.
…
According to Pappas, the son called 911 after the police barged into the family home and bullets started flying.

"Do you think that if they knew they were police officers, they'd call 911?" Pappas said.
Much remains unknown at this point. But the apparent absence of drugs and the 911 call sound like strong indications that we're looking at another terribly misguided prosecution. Unfortunately, as we've learned from the Cory Maye case, there seems to be a mental block that prevents police, prosecutors, and judges from understanding that normal people are prone to shoot at intruders who burst into their homes.

The otherwise forgivable instinct to defend one's property becomes totally unacceptable when the intruders turn out to be police who mistakenly believe you've got drugs in there. It's mind-boggling that despite all the evidence to the contrary, police continue to insist that they must raid homes suddenly and unexpectedly…because doing otherwise would be dangerous.

How many innocent people must be tricked into shooting police officers before law-enforcement figures out that behaving like burglars is not a safe way to initiate contact with citizens?

As Radley Balko has often pointed out, these deaths occur in the course of a completely unsuccessful effort to stop people from getting high. As the frequency of these raids-gone-wrong increases, it's chilling to think that this ongoing theater of unnecessary death and destruction won't stop until the pile of bodies is too tall to ignore.


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